SF141 (Legislative Session 94 (2025-2026))
Long-term services and supports eligibility and access denial review process establishment
Related bill: HF257
AI Generated Summary
This legislative bill aims to establish a review process for cases where access to, or eligibility for, long-term services and supports in Minnesota is denied, reduced, suspended, or terminated. Key elements of the bill include:
Notice Requirement: Before taking any action to deny, reduce, suspend, or terminate services, the respective agency must notify the affected individual or their legal representative at least ten days in advance, explaining the intent and reasons.
Response Opportunity: Individuals or their representatives will have ten days to respond to the preliminary notice. If they choose to respond, a decision review process will be triggered.
Decision Review: Upon request, the agency must schedule a review conference within five days where the individual can interact directly with agency representatives who are knowledgeable about the case. This can be via phone, written exchange, in-person meeting, or another accessible format.
Continuation of Services: While the review is pending, the affected individual will continue to receive the services they were previously getting until a final decision is issued.
Final Decision Notice: After the decision review, the agency may issue a formal notice of action based on the discussions and new information obtained during the review. This notice will be detailed and include necessary information on appeal rights, ensuring it is in an understandable format and includes language assistance if required.
Appeal Rights: The bill explicitly states that it does not change any existing appeal rights, ensuring individuals can still challenge decisions through appropriate legal channels.
Overall, the bill emphasizes clearer communication, due process, and continued access to services during reviews, aiming to make the process more transparent and fair for individuals dependent on long-term services and supports.
Bill text versions
- Introduction PDF file
Actions
Date | Chamber | Where | Type | Name | Committee Name |
---|---|---|---|---|---|
January 15, 2025 | Senate | Floor | Action | Introduction and first reading | |
January 15, 2025 | Senate | Floor | Action | Referred to | Human Services |
Citations
[ { "analysis": { "added": [ "A new requirement for notice of lead agency's intent regarding service eligibility." ], "removed": [ "No changes to the original statute itself." ], "summary": "This bill references section 256B.092 concerning level of care determinations for home and community-based waiver eligibility.", "modified": [ "Provided additional procedural requirements for decision reviews." ] }, "citation": "256B.092" }, { "analysis": { "added": [ "Includes new procedures for responding to service eligibility decisions." ], "removed": [ "No changes to any existing specifics of services under this section." ], "summary": "This bill references section 256B.49 which involves specific home and community-based services.", "modified": [ "Enhancements in the decision review process." ] }, "citation": "256B.49" }, { "analysis": { "added": [ "Clarification on notice and decision review processes." ], "removed": [ "No items removed directly from statute." ], "summary": "Personal care assistance services mentioned under section 256B.0625 subdivisions 19a and 19c.", "modified": [ "Incorporates procedural requirements for decision review." ] }, "citation": "256B.0625" }, { "analysis": { "added": [ "Notification and response requirements regarding consumer support grants." ], "removed": [ "No removal of existing provisions." ], "summary": "Consumer support grants referenced under section 256.476.", "modified": [ "Adjustment in procedural handling for grant eligibility decisions." ] }, "citation": "256.476" }, { "analysis": { "added": [ "Guidelines for decision review included." ], "removed": [ "No direct removals from the statute." ], "summary": "Community first services and supports as per section 256B.85 are involved.", "modified": [ "Deskilled decision review process links existing statute elements." ] }, "citation": "256B.85" }, { "analysis": { "added": [ "Aligns new decision review protocols with existing statute provisions." ], "removed": [ "Retains all operational aspects of the statute." ], "summary": "Semi-independent living services under section 252.275 are considered in the eligibility process.", "modified": [ "Decision review mechanism facilitates the interpretation of service delivery." ] }, "citation": "252.275" }, { "analysis": { "added": [ "Enhanced notice issuance for denying or modifying service eligibility." ], "removed": [ "No parts of this statute are removed." ], "summary": "Relocation targeted case management services as defined in section 256B.0621.", "modified": [ "Coordinator adjustments for case management services are included." ] }, "citation": "256B.0621" }, { "analysis": { "added": [ "Includes new provisions for response to eligibility decisions." ], "removed": [ "No removal of clauses." ], "summary": "Case management services targeted to vulnerable adults or people with developmental disabilities under section 256B.0924.", "modified": [ "Modifications in procedural elements for managing service access." ] }, "citation": "256B.0924" }, { "analysis": { "added": [ "Details of procedural requirements for notice and decision reviews." ], "removed": [ "No impact on appeal rights." ], "summary": "Appeal rights under section 256.045 clarified with respect to decision review processes.", "modified": [ "Finer details for aligning appeal processes are integrated." ] }, "citation": "256.045" } ]