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SF2388 (Legislative Session 94 (2025-2026))

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

AI Generated Summary

This Minnesota Senate bill (S.F. No. 2388) proposes modifications to home and community-based service (HCBS) standards, specifically addressing service suspensions, service terminations, and the appeal process for these actions. Key changes include:

  • Refusal of Psychotropic Medications: If a person or their legal representative refuses to authorize the administration of a psychotropic medication, service providers (license holders) cannot administer it. They must report the refusal to the prescriber and follow any directives given. A refusal cannot be overridden without a court order, and refusal alone does not justify service termination or constitute an emergency.

  • Service Suspensions and Terminations: The bill amends Minnesota statutes related to how HCBS providers suspend or terminate services. It ensures that decisions regarding termination comply with specific legal standards.

  • Appeal Process Modifications: The bill updates the procedures for appealing service suspensions and terminations under Minnesota Statutes, particularly clarifying sections related to Minnesota's fair hearing process.

Overall, the bill strengthens protections for individuals receiving HCBS by refining service termination procedures and reinforcing the rights of individuals who refuse psychotropic medication.

Bill text versions

Actions

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

Citations

 
[
  {
    "analysis": {
      "added": [
        "Directive to report medication refusal to prescriber expediently."
      ],
      "removed": [],
      "summary": "This bill modifies procedures about refusing psychotropic medication under section 245D.051, subdivision 2.",
      "modified": [
        "Clarification that refusal is not grounds for service termination."
      ]
    },
    "citation": "245D.051",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill references compliance with service termination procedures under section 245D.10, subdivisions 3 and 3a.",
      "modified": []
    },
    "citation": "245D.10",
    "subdivision": "subdivisions 3, 3a"
  }
]

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