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Committee reviews aging and disability services article; department says changes respond to federal compliance
Summary
Staff described Article 2 as a large aging and disability services package with provisions ranging from foster-care cleanup and proximity limits for licensed residential settings to county responsibilities for adult protective services; a department representative said revisions implement federal rules the state must meet by 2028.
The Senate Human Services Committee heard an overview of Article 2, described by staff as the Aging and Disability Services policy article. The package bundles a range of department and legislator proposals: cleanup language for foster-care moratorium sections, location and proximity requirements for licensed residential settings, repeal of housing stabilization services with direction to develop a substitute program, training and recordkeeping changes for HCBS providers, tribal certification initiatives, elimination of daily-hour limits for certain individualized home supports, and strengthened cost-reporting oversight.
Members asked whether municipal language in the draft matched prior compromises and whether sections shifting adult protective services responsibilities to counties would shift costs. A department representative told the committee the changes were drafted to bring Minnesota into compliance with a new federal law defining responsibilities around vulnerable adults and adult protective services, and that the state must comply by 2028. The representative said the department has worked with counties on the language and had not heard county objections.
Committee members also questioned a provision that reads as a prohibition on requiring guardianship or conservatorship as a condition of residency in nursing homes or assisted-living facilities. Members noted that guardianship is a significant restriction on civil rights and that the community has raised concerns about its overuse; the source of that provision was identified as separate legislation incorporated into the omnibus.
Staff flagged a number of Senate and House files incorporated into this article; several citation numbers in the transcript were garbled and committee members asked staff to confirm exact bill references in follow-up materials. No formal action was taken; staff said the article will be refined and returned with amendments and fiscal documentation as needed.
