HF3375 (Legislative Session 94 (2025-2026))

Disability waiver rate system unit-based services with programming limits modified.

Related bill: SF3657

AI Generated Summary

Purpose

  • Update the disability waiver rate system by modifying how unit-based services with programming are defined, valued, and paid. The changes apply to services such as employment-related supports and individualized home supports, and they set a structured method for calculating payments and adjusting for costs, staffing, and regional differences.

Main Provisions

  • Define unit-based services with programming, including:
    • Employment exploration services
    • Employment development services
    • Employment support services
    • Individualized home supports with family training
    • Individualized home supports with training
    • Positive support services
    • Provided outside of any day program or residential support service plan
  • Component values (percent-based cost factors) for unit-based services:
    • Competitive workforce factor: 6.7%
    • Supervisory span of control ratio: 11%
    • Employee vacation, sick, and training allowance: 8.71%
    • Employer-related cost ratio: 23.6%
    • Program plan support ratio: 15.5%
    • Client programming and support ratio: 4.7%
    • General administrative support ratio: 13.25%
    • Program-related expense ratio: 6.1%
    • Absence and utilization factor ratio: 3.9%
  • A unit of service is defined as 15 minutes.
  • Payment calculation (when not reimbursed under another rate):
    • Determine the number of units needed for a recipient.
    • Determine hourly staff wage rates (per specified subdivisions).
    • Apply the competitive workforce factor and, if applicable, a customization rate for deaf and hard-of-hearing language accessibility.
    • Calculate direct staffing hours and staffing costs, including supervisory wages and the applicable ratios.
    • Apply ratios for program plan support, employer-related costs, client programming and supports, general admin, program-related expenses, and absence/utilization.
    • Sum to a subtotal rate, then apply the total payment formula to obtain a final rate.
    • For shared services, divide the total payment by the number of recipients (limits: up to 5 for employment exploration, up to 6 for employment support, up to 3 for individualized home supports with training or with family training).
  • Customization for deaf and hard-of-hearing language accessibility: add a customization rate as applicable.
  • Daily and service-hour limits (effective date provisions apply):
    • Starting January 1, 2026 (or 2027) or upon federal approval (whichever is later):
    • A provider may not bill more than 3 consecutive hours and not more than 6 total hours per day for individualized home supports with training.
    • A provider may not bill more than 6 total hours per day for individualized home supports with family training.
    • These daily/hour limits do not stop use of other disability waiver services, including those provided on the same day by the same provider.
    • Limits apply to individuals who meet residential support services criteria.
  • Regional cost adjustments: a factor to adjust for regional differences in the cost of providing services is used when applying the daily/hourly limits.
  • Note on scope: These changes modify the Minnesota Statutes 2025 Supplement section 256B.4914, subdivision 8, and relate to the calculation of disability waiver payment rates.

Significant Changes from Existing Law

  • Replaces or updates the prior unit-based service rate structure with clearly enumerated component values and a detailed step-by-step payment calculation.
  • Establishes explicit hourly and 15-minute unit measurements for payments.
  • Introduces a shared-service payment approach with per-recipient caps.
  • Adds daily/hourly billing limits for specific services, with regional cost adjustment to reflect location differences.
  • Sets a future-dated effective time (either Jan 1, 2026 or 2027, or upon federal approval) for the new limits and rate structure.

Effective Date

  • Effective January 1, 2026, or January 1, 2027, or upon federal approval, whichever is later.

Implications and who is Affected

  • Providers delivering disability waiver services listed above will need to align billing with the new unit-based rates, calculation method, and daily-hour limits.
  • The changes aim to better reflect staffing costs, administrative overhead, program support, and regional cost differences, potentially affecting reimbursement amounts and provider operations.

Notable Terminology

  • Unit-based services with programming
  • Employment exploration services
  • Employment development services
  • Employment support services
  • Individualized home supports with training
  • Individualized home supports with family training
  • Positive support services
  • Program plan support
  • Client programming and support
  • Employer-related cost
  • Absence and utilization factor
  • Customization rate (deaf and hard-of-hearing language accessibility)
  • Shared manner payments
  • Residential support services criteria
  • Day program
  • Regional cost adjustment
  • Service authorization year

Relevant Terms - unit-based services with programming - employment exploration services - employment development services - employment support services - individualized home supports with training - individualized home supports with family training - positive support services - 15-minute unit - competitive workforce factor - supervisory span of control - employee vacation sick and training allowance - employer-related cost ratio - program plan support ratio - client programming and support ratio - general administrative support ratio - program-related expense ratio - absence and utilization factor ratio - customization rate - deaf and hard-of-hearing language accessibility - shared services - daily hour limits - region adjustment - residential support services - federal approval - Minnesota Statutes 256B.4914 subdivision 8

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 17, 2026HouseActionIntroduction and first reading, referred toHuman Services Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill amends Minn. Stat. 256B.4914, subd. 8, to modify unit-based services with programming for the disability waiver rate system, including updated component values and the payment calculation.",
      "modified": [
        "Revises unit-based services with programming component values (e.g., competitive workforce factor, supervisory span of control, employee-related costs, program plan support, client programming and support, general administrative support, program-related expenses, and absence/utilization factors).",
        "Alters the payment calculation methodology, including steps for determining units, wage rates, direct staffing hours, and various multipliers, as well as adjustments for customization and regional cost differences.",
        "Introduces daily/hourly limits and other utilization rules effective January 1, 2026/2027 or upon federal approval, and clarifies shared-service allocations and per-recipient division of the total payment."
      ]
    },
    "citation": "256B.4914",
    "subdivision": "subd. 8"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cross-reference in this bill to Minn. Stat. 256B.092, subd. 11a (Residential support services criteria); the bill does not amend this statute.",
      "modified": []
    },
    "citation": "256B.092",
    "subdivision": "subd. 11a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cross-reference in this bill to Minn. Stat. 256B.49, subd. 29 (Residential support services criteria); the bill does not amend this statute.",
      "modified": []
    },
    "citation": "256B.49",
    "subdivision": "subd. 29"
  }
]

Progress through the legislative process

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