Minneslate Logo

SF2388 (Legislative Session 94 (2025-2026))

Home and community-based service standards modification for service suspensions and service terminations

AI Generated Summary

Purpose of the Bill

The bill aims to modify regulations concerning home and community-based services in Minnesota. Specifically, it addresses how service suspensions and terminations are handled, as well as appeals related to these actions. Additionally, it includes changes regarding the administration of psychotropic medications within these services.

Main Provisions

  • Service Suspensions and Terminations: The bill seeks to amend the standards for when and how home and community-based services can be suspended or terminated. It also outlines the processes for hearings and appeals related to these decisions.

  • Psychotropic Medication Authorization: It sets clear regulations for situations where a person or their legal representative refuses to authorize the administration of psychotropic medication, prohibiting service providers from administering such medications without authorization or a court order.

  • Reporting Requirements: If authorization for medication is refused, the service provider must report this refusal to the prescriber quickly and follow any subsequent directives from the prescriber.

  • Service Continuity: Refusal to authorize a specific psychotropic medication will not be considered as grounds to terminate services, and it does not qualify as an emergency situation, implying that services must continue despite such refusals.

Significant Changes to Existing Law

  • The bill introduces a requirement that no service termination can occur simply because a psychotropic medication is refused.

  • It explicitly states that a refusal to authorize psychotropic medication does not constitute an emergency, ensuring that individuals are not forced into medication compliance under the pressure of service termination.

Relevant Terms

  • Human services
  • Home and community-based services
  • Service suspensions
  • Service terminations
  • Psychotropic medication
  • Legal representative
  • Appeal hearings
  • Medication authorization
  • Court order

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 09, 2025SenateFloorActionIntroduction and first reading
March 09, 2025SenateFloorActionReferred toHuman Services

Citations

 
[
  {
    "analysis": {
      "added": [
        "Clarification that refusal must be reported to the prescriber expediently."
      ],
      "removed": [],
      "summary": "This amendment addresses the refusal to authorize psychotropic medication under section 245D.051.",
      "modified": [
        "Specifies that refusal is not grounds for service termination.",
        "Clarifies that service termination must comply with section 245D.10, subdivisions 3 and 3a."
      ]
    },
    "citation": "245D.051"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section relates to compliance for service termination decisions as referenced in 245D.051.",
      "modified": []
    },
    "citation": "245D.10"
  }
]

Sponsors