SF2541

Purpose of the Bill

The purpose of this bill is to ensure that opportunities for day services and employment for individuals with disabilities in Minnesota are maintained and not reduced or limited. The bill focuses on securing the rights of working-age Minnesotans with disabilities to have access to both employment and day services without any limitation imposed by new rules or policies from the Department of Human Services.

Main Provisions

• Employment Opportunities: The bill emphasizes that all Minnesotans with disabilities should have the chance to work in a competitive, integrated employment setting, receiving the necessary support and services to achieve this. The goal is to uphold an "employment first" policy, presuming the ability of individuals with disabilities to work.

• Informed Decision-Making: It requires that individuals are offered an informed choice and access to person-centered planning. During this process, individuals should be provided with the opportunity to work and earn a competitive wage before being offered only day services.

• Prohibition Against Limiting Services: The commissioner of human services is prohibited from creating or implementing any rules or policies that would:

  1. Eliminate, reduce, or limit the availability of day services offered to individuals with disabilities.
  2. Restrict the ability of waiver recipients to earn a special minimum wage allowed under federal and state labor laws, such as the 14(c) certificate, which permits payment of wages below the federal minimum in certain conditions.

Significant Changes to Existing Law

The bill amends Minnesota Statutes, section 256B.4905, subdivision 5a, by reinforcing the rights of individuals with disabilities to access day services and employment options. It restricts any new policies that might limit current services, reflecting a stronger commitment to uphold existing provisions under the "employment first" policy.

Relevant Terms

• Day services
• Competitive integrated employment
• Disability waivers
• Person-centered planning
• Special minimum wage
• 14(c) certificate
• Fair Labor Standards Act
• Department of Human Services
• Employment first policy