SF 4400

SF4400  REVISOR  JSK  S4400-1        1st Engrossment
  SENATE
  STATE OF MINNESOTA
  NINETY-FOURTH SESSION  S.F. No. 4400
  (SENATE AUTHORS: MOHAMED)
  DATE       D-PG  OFFICIAL STATUS
  03/12/2026      6667 Introduction and first reading
  Referred to Housing and Homelessness Prevention
  03/18/2026      6786 Comm report: To pass and re-referred to Finance
  05/16/2026   10904a Comm report: To pass as amended
  10918 Second reading
  05/17/2026    10943 Special Order
  10943 Third reading Passed
  See 4476
1.1A bill for an act
1.2relating to human services; regulating electronic visit verification requirements;
1.3modifying nonemergency medical transportation; amending Minnesota Statutes
1.42024, sections 256B.0625, subdivision 17b; 256B.073, subdivisions 1, 2, 3, 5, by
1.5adding subdivisions; Minnesota Statutes 2025 Supplement, section 256B.0625,
1.6subdivision 17; repealing Minnesota Statutes 2024, section 256B.073, subdivision
1.74.
1.8    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9Section 1. Minnesota Statutes 2025 Supplement, section 256B.0625, subdivision 17, is
1.10   amended to read:
1.11Subd. 17. Transportation costs. (a) "Nonemergency medical transportation service"
1.12   means motor vehicle transportation provided by a public or private person that serves
1.13   Minnesota health care program beneficiaries who do not require emergency ambulance
1.14   service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
1.15(b) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means
1.16   a census-tract based classification system under which a geographical area is determined
1.17   to be urban, rural, or super rural. This paragraph expires July 1, 2026, for medical assistance
1.18   fee-for-service and January 1, 2027, for prepaid medical assistance.
1.19(c) Medical assistance covers medical transportation costs incurred solely for obtaining
1.20   emergency medical care or transportation costs incurred by eligible persons in obtaining
1.21   emergency or nonemergency medical care when paid directly to an ambulance company,
1.22   nonemergency medical transportation company, or other recognized providers of
1.23   transportation services. Medical transportation must be provided by:
Section 1.  1
SF4400  REVISOR  JSK  S4400-1  1st Engrossment
2.1      (1) nonemergency medical transportation providers who meet the requirements of this
2.2  subdivision;
2.3      (2) ambulances, as defined in section 144E.001, subdivision 2;
2.4      (3) taxicabs that meet the requirements of this subdivision;
2.5      (4) public transportation, within the meaning of "public transportation" as defined in
2.6  section 174.22, subdivision 7; or
2.7      (5) not-for-hire vehicles, including volunteer drivers, as defined in section 65B.472,
2.8  subdivision 1, paragraph (p).
2.9      (d) Medical assistance covers nonemergency medical transportation provided by
2.10 nonemergency medical transportation providers enrolled in the Minnesota health care
2.11 programs. All nonemergency medical transportation providers must comply with the
2.12 operating standards for special transportation service as defined in sections 174.29 to 174.30
2.13 and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the
2.14 commissioner and reported on the claim as the individual who provided the service. All
2.15 nonemergency medical transportation providers shall bill for nonemergency medical
2.16 transportation services in accordance with Minnesota health care programs criteria. Publicly
2.17 operated transit systems, volunteers, and not-for-hire vehicles are exempt from the
2.18 requirements outlined in this paragraph. This paragraph expires upon the effective date of
2.19 paragraph (e).
2.20     (e) Effective January 1, 2027, or upon federal approval, whichever is later, medical
2.21 assistance covers nonemergency medical transportation provided by nonemergency medical
2.22 transportation providers enrolled in the Minnesota health care programs. All nonemergency
2.23 medical transportation providers must comply with the operating standards for special
2.24 transportation service as defined in sections 174.29 to 174.30 and Minnesota Rules, chapter
2.25 8840, and all drivers must be individually enrolled with the commissioner and reported on
2.26 the claim as the individual who provided the service. All nonemergency medical
2.27 transportation providers must bill for nonemergency medical transportation services in
2.28 accordance with Minnesota health care programs criteria and comply with the requirements
2.29 under section 256B.073. Publicly operated transit systems, volunteers, and not-for-hire
2.30 vehicles are exempt from the requirements in this paragraph.
2.31     (e) (f) An organization may be terminated, denied, or suspended from enrollment if:
2.32     (1) the provider has not initiated background studies on the individuals specified in
2.33 section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
Section 1.  2
SF4400  REVISOR  JSK  S4400-1  1st Engrossment
3.1      (2) the provider has initiated background studies on the individuals specified in section
3.2  174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
3.3      (i) the commissioner has sent the provider a notice that the individual has been
3.4  disqualified under section 245C.14; and
3.5      (ii) the individual has not received a disqualification set-aside specific to the special
3.6  transportation services provider under sections 245C.22 and 245C.23.
3.7      (f) (g) The administrative agency of nonemergency medical transportation must:
3.8      (1) adhere to the policies defined by the commissioner;
3.9      (2) pay nonemergency medical transportation providers for services provided to
3.10 Minnesota health care programs beneficiaries to obtain covered medical services;
3.11     (3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled
3.12 trips, and number of trips by mode; and
3.13     (4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single
3.14 administrative structure assessment tool that meets the technical requirements established
3.15 by the commissioner, reconciles trip information with claims being submitted by providers,
3.16 and ensures prompt payment for nonemergency medical transportation services. This
3.17 paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
3.18 for prepaid medical assistance.
3.19     (g) (h) Effective July 1, 2026, for medical fee-for-service and January 1, 2027, for prepaid
3.20 medical assistance, the administrative agency of nonemergency medical transportation must:
3.21     (1) adhere to the policies defined by the commissioner;
3.22     (2) pay nonemergency medical transportation providers for services provided to
3.23 Minnesota health care program beneficiaries to obtain covered medical services; and
3.24     (3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled
3.25 trips, and number of trips by mode.
3.26     (h) (i) Until the commissioner implements the single administrative structure and delivery
3.27 system under subdivision 18e, clients shall obtain their level-of-service certificate from the
3.28 commissioner or an entity approved by the commissioner that does not dispatch rides for
3.29 clients using modes of transportation under paragraph (n) (o), clauses (4), (5), (6), and (7).
3.30 This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
3.31 2027, for prepaid medical assistance.
Section 1.  3
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4.1      (i) (j) The commissioner may use an order by the recipient's attending physician, advanced
4.2  practice registered nurse, physician assistant, or a medical or mental health professional to
4.3  certify that the recipient requires nonemergency medical transportation services.
4.4  Nonemergency medical transportation providers shall perform driver-assisted services for
4.5  eligible individuals, when appropriate. Driver-assisted service includes passenger pickup
4.6  at and return to the individual's residence or place of business, assistance with admittance
4.7  of the individual to the medical facility, and assistance in passenger securement or in securing
4.8  of wheelchairs, child seats, or stretchers in the vehicle.
4.9      (j) (k) Nonemergency medical transportation providers must take clients to the health
4.10 care provider using the most direct route, and must not exceed 30 miles for a trip to a primary
4.11 care provider or 60 miles for a trip to a specialty care provider, unless the client receives
4.12 authorization from the local agency. This paragraph expires July 1, 2026, for medical
4.13 assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
4.14     (k) (l) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
4.15 for prepaid medical assistance, nonemergency medical transportation providers must take
4.16 clients to the health care provider using the most direct route and must not exceed 30 miles
4.17 for a trip to a primary care provider or 60 miles for a trip to a specialty care provider, unless
4.18 the client receives authorization from the administrator.
4.19     (l) (m) Nonemergency medical transportation providers may not bill for separate base
4.20 rates for the continuation of a trip beyond the original destination. Nonemergency medical
4.21 transportation providers must maintain trip logs, which include pickup and drop-off times,
4.22 signed by the medical provider or client, whichever is deemed most appropriate, attesting
4.23 to mileage traveled to obtain covered medical services. Clients requesting client mileage
4.24 reimbursement must sign the trip log attesting mileage traveled to obtain covered medical
4.25 services.
4.26     (m) (n) The administrative agency shall use the level of service process established by
4.27 the commissioner to determine the client's most appropriate mode of transportation. If public
4.28 transit or a certified transportation provider is not available to provide the appropriate service
4.29 mode for the client, the client may receive a onetime service upgrade.
4.30     (n) (o) The covered modes of transportation are:
4.31     (1) client reimbursement, which includes client mileage reimbursement provided to
4.32 clients who have their own transportation, or to family or an acquaintance who provides
4.33 transportation to the client;
Section 1.  4
SF4400  REVISOR  JSK  S4400-1  1st Engrossment
5.1      (2) volunteer transport, which includes transportation by volunteers using their own
5.2  vehicle;
5.3      (3) unassisted transport, which includes transportation provided to a client by a taxicab
5.4  or public transit. If a taxicab or public transit is not available, the client can receive
5.5  transportation from another nonemergency medical transportation provider;
5.6      (4) assisted transport, which includes transport provided to clients who require assistance
5.7  by a nonemergency medical transportation provider;
5.8      (5) lift-equipped/ramp transport, which includes transport provided to a client who is
5.9  dependent on a device and requires a nonemergency medical transportation provider with
5.10 a vehicle containing a lift or ramp;
5.11     (6) protected transport, which includes transport provided to a client who has received
5.12 a prescreening that has deemed other forms of transportation inappropriate and who requires
5.13 a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety
5.14 locks, a video recorder, and a transparent thermoplastic partition between the passenger and
5.15 the vehicle driver; and (ii) who is certified as a protected transport provider; and
5.16     (7) stretcher transport, which includes transport for a client in a prone or supine position
5.17 and requires a nonemergency medical transportation provider with a vehicle that can transport
5.18 a client in a prone or supine position.
5.19     (o) (p) The local agency shall be the single administrative agency and shall administer
5.20 and reimburse for modes defined in paragraph (n) (o) according to paragraphs (r) (s) to (t)
5.21 (u) when the commissioner has developed, made available, and funded the web-based single
5.22 administrative structure, assessment tool, and level of need assessment under subdivision
5.23 18e. The local agency's financial obligation is limited to funds provided by the state or
5.24 federal government. This paragraph expires July 1, 2026, for medical assistance
5.25 fee-for-service and January 1, 2027, for prepaid medical assistance.
5.26     (p) (q) The commissioner shall:
5.27     (1) verify that the mode and use of nonemergency medical transportation is appropriate;
5.28     (2) verify that the client is going to an approved medical appointment; and
5.29     (3) investigate all complaints and appeals.
5.30     (q) (r) The administrative agency shall pay for the services provided in this subdivision
5.31 and seek reimbursement from the commissioner, if appropriate. As vendors of medical care,
5.32 local agencies are subject to the provisions in section 256B.041, the sanctions and monetary
Section 1.  5
SF4400  REVISOR  JSK  S4400-1  1st Engrossment
6.1  recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.
6.2  This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
6.3  2027, for prepaid medical assistance.
6.4      (r) (s) Payments for nonemergency medical transportation must be paid based on the
6.5  client's assessed mode under paragraph (m) (n), not the type of vehicle used to provide the
6.6  service. The medical assistance reimbursement rates for nonemergency medical transportation
6.7  services that are payable by or on behalf of the commissioner for nonemergency medical
6.8  transportation services are:
6.9      (1) $0.22 per mile for client reimbursement;
6.10     (2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer
6.11 transport;
6.12     (3) equivalent to the standard fare for unassisted transport when provided by public
6.13 transit, and $12.10 for the base rate and $1.43 per mile when provided by a nonemergency
6.14 medical transportation provider;
6.15     (4) $14.30 for the base rate and $1.43 per mile for assisted transport;
6.16     (5) $19.80 for the base rate and $1.70 per mile for lift-equipped/ramp transport;
6.17     (6) $75 for the base rate and $2.40 per mile for protected transport; and
6.18     (7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for
6.19 an additional attendant if deemed medically necessary. This paragraph expires July 1, 2026,
6.20 for medical assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
6.21     (s) (t) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
6.22 for prepaid medical assistance, payments for nonemergency medical transportation must
6.23 be paid based on the client's assessed mode under paragraph (m) (n), not the type of vehicle
6.24 used to provide the service.
6.25     (t) (u) The base rate for nonemergency medical transportation services in areas defined
6.26 under RUCA to be super rural is equal to 111.3 percent of the respective base rate in
6.27 paragraph (r) (s), clauses (1) to (7). The mileage rate for nonemergency medical transportation
6.28 services in areas defined under RUCA to be rural or super rural areas is:
6.29     (1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage
6.30 rate in paragraph (r) (s), clauses (1) to (7); and
Section 1.  6
SF4400  REVISOR  JSK  S4400-1  1st Engrossment
7.1      (2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage
7.2  rate in paragraph (r) (s), clauses (1) to (7). This paragraph expires July 1, 2026, for medical
7.3  assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
7.4      (u) (v) For purposes of reimbursement rates for nonemergency medical transportation
7.5  services under paragraphs (r) (s) to (t) (u), the zip code of the recipient's place of residence
7.6  shall determine whether the urban, rural, or super rural reimbursement rate applies. This
7.7  paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
7.8  for prepaid medical assistance.
7.9      (v) (w) The commissioner, when determining reimbursement rates for nonemergency
7.10 medical transportation, shall exempt all modes of transportation listed under paragraph (n)
7.11 (o) from Minnesota Rules, part 9505.0445, item R, subitem (2).
7.12     (w) (x) Effective for the first day of each calendar quarter in which the price of gasoline
7.13 as posted publicly by the United States Energy Information Administration exceeds $3.00
7.14 per gallon, the commissioner shall adjust the rate paid per mile in paragraph (r) (s) by one
7.15 percent up or down for every increase or decrease of ten cents for the price of gasoline. The
7.16 increase or decrease must be calculated using a base gasoline price of $3.00. The percentage
7.17 increase or decrease must be calculated using the average of the most recently available
7.18 price of all grades of gasoline for Minnesota as posted publicly by the United States Energy
7.19 Information Administration. This paragraph expires July 1, 2026, for medical assistance
7.20 fee-for-service and January 1, 2027, for prepaid medical assistance.
7.21   Sec. 2. Minnesota Statutes 2024, section 256B.0625, subdivision 17b, is amended to read:
7.22     Subd. 17b. Documentation required. (a) As a condition for payment, nonemergency
7.23 medical transportation providers must document each occurrence of a service provided to
7.24 a recipient according to this subdivision. Providers must maintain records sufficient to
7.25 distinguish individual trips with specific vehicles and drivers. The documentation may be
7.26 collected and maintained using electronic systems or software or in paper form but must be
7.27 made available and produced upon request. Program funds paid for transportation that is
7.28 not documented according to this subdivision may be subject to recovery by the commissioner
7.29 pursuant to section 256B.064.
7.30     (b) A nonemergency medical transportation provider must compile transportation trip
7.31 records that are written in English and legible according to the standard of a reasonable
7.32 person and that include each of the following elements:
7.33     (1) the recipient's name;
Sec. 2.  7
SF4400  REVISOR  JSK  S4400-1  1st Engrossment
8.1      (2) the date or dates the service is provided, if different than the date the entry was made;
8.2      (3) either the printed name of the driver sufficient to distinguish the driver of service or
8.3  the driver's provider number;
8.4      (4) the date and the signature of the driver attesting that the record accurately represents
8.5  the services provided and the actual miles driven, and acknowledging that misreporting
8.6  information that results in ineligible or excessive payments may result in civil or criminal
8.7  action;
8.8      (5) the date and the signature of the recipient or authorized party attesting that
8.9  transportation services were provided as indicated on the transportation trip record, or the
8.10 signature of the medical services provider certifying that the recipient was transported to
8.11 the medical services provider destination. In the event that both the medical services provider
8.12 and the recipient or authorized party refuse or are unable to provide signatures, the driver
8.13 must document on the transportation trip record that signatures were requested and not
8.14 provided;
8.15     (6) the address, or the description if the address is not available, of both the origin and
8.16 destination, and the mileage for the most direct route from the origin to the destination;
8.17     (7) the name or number of the mode of transportation in which the service is provided;
8.18     (8) the license plate number of the vehicle used to transport the recipient;
8.19     (9) the time of the recipient pickup;
8.20     (10) the time of the recipient drop-off;
8.21     (11) the odometer reading of the vehicle used to transport the recipient taken at the time
8.22 of pickup;
8.23     (12) the odometer reading of the vehicle used to transport the recipient taken at the time
8.24 of drop-off;
8.25     (13) the name of the extra attendant when an extra attendant is used to provide special
8.26 transportation service; and
8.27     (14) the documentation indicating the method that was used to determine the most direct
8.28 route.
8.29     (c) In determining whether the commissioner will seek recovery, the documentation
8.30 requirements in this section apply retroactively to audit findings beginning January 1, 2020,
8.31 and to all audit findings thereafter.
Sec. 2.  8
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9.1      (d) Effective January 1, 2027, or upon federal approval, whichever is later, records that
9.2  comply with section 256B.073 may be used to meet the requirements under this subdivision
9.3  if all required elements are included in the record.
9.4    Sec. 3. Minnesota Statutes 2024, section 256B.073, subdivision 1, is amended to read:
9.5      Subdivision 1. Documentation; establishment and operation. The commissioner of
9.6  human services shall establish implementation requirements and standards for and maintain
9.7  the requirements and standards for the ongoing operation of electronic visit verification to
9.8  comply with the 21st Century Cures Act, Public Law 114-255. Within available
9.9  appropriations, the commissioner shall take steps to comply with the electronic visit
9.10 verification requirements in the 21st Century Cures Act, Public Law 114-255.
9.11   Sec. 4. Minnesota Statutes 2024, section 256B.073, subdivision 2, is amended to read:
9.12     Subd. 2. Definitions. (a) For purposes of this section, the terms in this subdivision have
9.13 the meanings given them.
9.14     (b) "Data aggregator" means the entity designated by the commissioner to collect, store,
9.15 and transmit electronic visit verification data from providers and third-party systems to the
9.16 commissioner in accordance with the standards and requirements established under this
9.17 section.
9.18     (b) (c) "Electronic visit verification" or "EVV" means the electronic documentation of
9.19 the process required under this section and United States Code, title 42, section 1396b(l),
9.20 used to electronically verify the:
9.21     (1) type of service performed;
9.22     (2) individual receiving the service;
9.23     (3) date of the service;
9.24     (4) location of the service delivery;
9.25     (5) individual providing the service; and
9.26     (6) time the service begins and ends.
9.27     (d) "Electronic visit verification data" means information collected through an electronic
9.28 visit verification system, including data elements required under United States Code, title
9.29 42, section 1396b(l), and any additional data elements specified by the commissioner under
9.30 this section.
Sec. 4.  9
 SF4400  REVISOR  JSK  S4400-1  1st Engrossment
10.1      (c) (e) "Electronic visit verification system" means a system that provides electronic
10.2  verification of services used to collect, verify, and transmit electronic visit verification data
10.3  to the commissioner or the commissioner's designated data aggregator that complies with
10.4  the 21st Century Cures Act, Public Law 114-255, and the requirements of subdivision 3.
10.5      (f) "Electronic visit verification vendor" means any entity that develops, provides, or
10.6  supports an electronic visit verification system, including the state-provided vendor and
10.7  any third-party vendor.
10.8      (g) "Financial management services provider" means an entity enrolled with the
10.9  commissioner to provide financial management services under section 256B.85 or other
10.10 applicable law and responsible for fiscal, payroll, and reporting functions on behalf of
10.11 participant employers.
10.12     (h) "Home health agency" means a home care provider agency that is Medicare certified
10.13 under Code of Federal Regulations, title 42, part 484, and licensed as a home care provider
10.14 under chapter 144A.
10.15     (i) "Individual" means a person who receives services subject to electronic visit
10.16 verification under the medical assistance program.
10.17     (j) "Managed care organization" means a public or private organization that contracts
10.18 with the commissioner under section 256B.69 or other applicable law to deliver health care
10.19 services to individuals eligible for medical assistance or MinnesotaCare.
10.20     (k) "Manual visit" means a visit:
10.21     (1) entered administratively and not by the caregiver at the time of service delivery; or
10.22     (2) where data elements are edited after the time of service delivery.
10.23     (l) "Provider" means an individual or organization that meets one or more of the following
10.24 conditions:
10.25     (1) is enrolled as a Minnesota health care programs provider;
10.26     (2) provides services through a managed care organization under contract with the
10.27 commissioner under section 256B.69;
10.28     (3) is a financial management services provider; or
10.29     (4) is a participant employer under section 256B.85, subdivision 7, or an employer of
10.30 record that is directing services under section 256B.49, subdivision 16.
10.31     (d) (m) "Service" means one of the following:
 Sec. 4.  10
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11.1      (1) personal care assistance services as defined in section 256B.0625, subdivision 19a,
11.2  and provided according to section 256B.0659;
11.3      (2) community first services and supports under section 256B.85;
11.4      (3) home health services under section 256B.0625, subdivision 6a; or
11.5      (4) adult companion services;
11.6      (5) adult day services;
11.7      (6) adult rehabilitative mental health services;
11.8      (7) assertive community treatment;
11.9      (8) early intensive developmental and behavioral intervention;
11.10     (9) integrated community supports;
11.11     (10) nonemergency medical transportation services;
11.12     (11) recovery peer support;
11.13     (12) home and community-based services reimbursed at an hourly or specified
11.14 minute-based rate and provided according to a federally approved waiver plan as authorized
11.15 under chapter 256S or section 256B.0913, 256B.092, or 256B.49; or
11.16     (13) other medical supplies and equipment or home and community-based services that
11.17 are required to be electronically verified by the 21st Century Cures Act, Public Law 114-255.
11.18     (n) "State-provided electronic visit verification system" means the electronic visit
11.19 verification system made available by the commissioner to providers at no cost for services
11.20 subject to federal electronic visit verification requirements.
11.21     (o) "Third-party electronic visit verification system" means an electronic visit verification
11.22 system purchased or operated by a provider or vendor other than the state-provided system
11.23 designated by the commissioner.
11.24     (p) "Verification method" means the electronic process used to capture and verify visit
11.25 information, including telephone, fixed visit verification devices, or mobile applications,
11.26 as approved by the commissioner.
11.27     (q) "Visit" means a single occurrence of service delivery subject to electronic visit
11.28 verification.
 Sec. 4.  11
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12.1      (r) "Worker" means an individual who provides personal care assistance services,
12.2  community first services and supports, home health services, consumer-directed community
12.3  supports, or other services identified by the commissioner as subject to electronic visit.
12.4    Sec. 5. Minnesota Statutes 2024, section 256B.073, subdivision 3, is amended to read:
12.5      Subd. 3. Requirements. (a) In developing implementation requirements for administering
12.6  electronic visit verification, the commissioner shall must ensure that the system and related
12.7  requirements:
12.8      (1) are minimally administratively and financially burdensome to a provider reasonable
12.9  for providers of services;
12.10     (2) are minimally burdensome support continued access to the services and are designed
12.11 to avoid disruption to service recipient and the least disruptive to the service recipient in
12.12 receiving and maintaining allowed services delivery or receipt;
12.13     (3) consider existing best practices and use of electronic visit verification;
12.14     (4) are conducted according to all state and federal laws;
12.15     (5) are effective methods for preventing fraud when balanced against the requirements
12.16 of clauses (1) and (2); and
12.17     (6) are consistent with the Department of Human Services' policies related to covered
12.18 services, flexibility of service use, and quality assurance.
12.19     (b) The commissioner shall must make training and guidance available to providers of
12.20 services on the electronic visit verification system requirements and system use.
12.21     (c) The commissioner shall must establish baseline measurements related to preventing
12.22 fraud and establish measures to determine the effect of electronic visit verification
12.23 requirements on program integrity.
12.24     (d) The commissioner shall must make a state-selected state-provided electronic visit
12.25 verification system available to providers of services.
12.26     (e) The commissioner shall must make available and publish on the agency website the
12.27 name and contact information for the vendor of the state-selected state-provided electronic
12.28 visit verification system and the other vendors that offer alternative electronic visit
12.29 verification systems. The information provided must state that the state-selected
12.30 state-provided electronic visit verification system is offered at no cost to the provider of
12.31 services and that the provider of services may choose an alternative system that may be at
12.32 a cost to the provider.
 Sec. 5.  12
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13.1      (f) The commissioner may establish implementation dates and implementation schedules
13.2  for system functions subject to electronic visit verification under this section, including but
13.3  not limited to verification methods or technical requirements.
13.4      (g) The commissioner may waive the requirements under this section for any service
13.5  component or setting when the application of electronic visit verification is contrary to
13.6  paragraph (a).
13.7    Sec. 6. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision
13.8  to read:
13.9      Subd. 4a. Electronic visit verification system options. (a) A provider of services must
13.10 use an electronic visit verification system that complies with the requirements established
13.11 by the commissioner. A provider of services may use either the state-provided system or a
13.12 third-party system. All systems used for compliance must provide data to the commissioner
13.13 in the format and with the frequency required by the commissioner.
13.14     (b) The commissioner must make a state-provided electronic visit verification system
13.15 available at no cost to providers of services. The commissioner must provide training on
13.16 the system to all providers of services.
13.17     (c) The commissioner must allow providers of services to utilize a third-party electronic
13.18 visit verification system that the commissioner determines meets the requirements under
13.19 this section.
13.20     (d) A provider of services using a third-party electronic visit verification system that
13.21 meets all technical specifications and federal and state laws must:
13.22     (1) collect and submit all data for each visit to the commissioner, including but not
13.23 limited to manual entries;
13.24     (2) maintain compliance identified by the commissioner, including but not limited to
13.25 incorporating into the system any changes in data requirements that must be transmitted to
13.26 the commissioner; and
13.27     (3) integrate the system with the data aggregator to accurately send data.
13.28     (e) The data aggregator must be available at no cost to a provider of services for purposes
13.29 of transmitting electronic visit verification data from approved third-party systems to the
13.30 commissioner. Any costs associated with the development and use of a third-party system
13.31 are the responsibility of the provider.
 Sec. 6.  13
 SF4400  REVISOR  JSK  S4400-1  1st Engrossment
14.1      (f) If a provider is unable to integrate a third-party system with the data aggregator, the
14.2  provider of services must use the state-provided electronic visit verification system.
14.3      (g) The commissioner must provide training on reviewing and correcting imported data
14.4  in the data aggregator to providers of services.
14.5    Sec. 7. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision
14.6  to read:
14.7      Subd. 4b. Provider responsibilities. A provider of services must:
14.8      (1) use an electronic visit verification system that meets all technical and data submission
14.9  requirements established by the commissioner;
14.10     (2) enroll with the state-provided electronic visit verification system or the data
14.11 aggregator, as applicable;
14.12     (3) provide all information requested by the commissioner for enrollment, access, and
14.13 data submission and ensure that the information remains accurate and up to date;
14.14     (4) maintain records for each individual receiving services subject to electronic visit
14.15 verification, including but not limited to all required data elements;
14.16     (5) maintain a current list of workers providing services subject to electronic visit
14.17 verification to individuals receiving services under medical assistance;
14.18     (6) provide the commissioner and any managed care organization with immediate, direct,
14.19 and on-site or remote access to the electronic visit verification system;
14.20     (7) at the request of the commissioner or a managed care organization, allow review or
14.21 copying of electronic visit verification documentation at no cost;
14.22     (8) ensure that electronic visit verification systems and related processes meet accessibility
14.23 and confidentiality requirements under state and federal law;
14.24     (9) comply with all policies, procedures, and technical specifications issued by the
14.25 commissioner under this section; and
14.26     (10) ensure that workers, participants, and other individuals using electronic visit
14.27 verification are trained and comply with all documentation and data entry requirements
14.28 established by the commissioner.
 Sec. 7.  14
 SF4400  REVISOR  JSK  S4400-1  1st Engrossment
15.1    Sec. 8. Minnesota Statutes 2024, section 256B.073, subdivision 5, is amended to read:
15.2      Subd. 5. Vendor requirements. (a) The vendor of the electronic visit verification system
15.3  selected provided by the commissioner and the vendor's affiliate must comply with the
15.4  requirements of this subdivision.
15.5      (b) The vendor of the state-selected state-provided electronic visit verification system
15.6  and the vendor's affiliate must:
15.7      (1) notify the provider of services that the provider may choose the state-selected
15.8  state-provided electronic visit verification system at no cost to the provider;
15.9      (2) offer the state-selected state-provided electronic visit verification system to the
15.10 provider of services prior to offering any fee-based electronic visit verification system;
15.11     (3) notify the provider of services that the provider may choose any fee-based electronic
15.12 visit verification system prior to offering the vendor's or its affiliate's fee-based electronic
15.13 visit verification system; and
15.14     (4) when offering the state-selected state-provided electronic visit verification system,
15.15 clearly differentiate between the state-selected state-provided electronic visit verification
15.16 system and the vendor's or its affiliate's alternative fee-based system.
15.17     (c) The vendor of the state-selected state-provided electronic visit verification system
15.18 and the vendor's affiliate must not use state data that are not available to other vendors of
15.19 electronic visit verification systems to promote or sell the vendor's or its affiliate's alternative
15.20 electronic visit verification system.
15.21     (d) Upon request from the provider, the vendor of the state-selected state-provided
15.22 electronic visit verification system must provide proof of compliance with the requirements
15.23 of paragraph (b).
15.24     (e) An agreement between the vendor of the state-selected state-provided electronic visit
15.25 verification system or its affiliate and a provider of services for an electronic visit verification
15.26 system that is not the state-selected state-provided system entered into on or after July 1,
15.27 2023, is subject to immediate termination by the provider if the vendor violates any of the
15.28 requirements of paragraph (b).
15.29   Sec. 9. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision
15.30 to read:
15.31     Subd. 6. Data and documentation. (a) A provider of services must submit electronic
15.32 visit verification data to the commissioner or the data aggregator in accordance with the
 Sec. 9.  15
 SF4400  REVISOR  JSK  S4400-1  1st Engrossment
16.1  technical standards, format, and frequency established under this section. The commissioner
16.2  may use integrated electronic visit verification data for oversight, quality assurance, and
16.3  program integrity purposes consistent with state and federal law.
16.4      (b) The commissioner and managed care organizations must use electronic visit
16.5  verification data to validate claims for payment under medical assistance. Claims that cannot
16.6  be validated in accordance with electronic visit verification requirements may be subject
16.7  to actions by the commissioner as authorized under state and federal law, including actions
16.8  related to payment, program integrity, or provider compliance.
16.9      (c) A provider of services must record all required electronic visit verification data at
16.10 the time of service delivery using an approved verification method. To be compliant with
16.11 electronic visit verification requirements, a provider of services must document a visit with
16.12 all required data elements recorded at the time of service delivery.
16.13     (d) A manual visit does not comply with electronic visit verification requirements. A
16.14 manual visit must be confirmed and verified according to processes established by the
16.15 commissioner before being used to validate or support a claim for payment.
16.16     (e) A worker providing services subject to electronic visit verification must record the
16.17 start and end times of each visit at the time the service is delivered using an approved
16.18 verification method. A worker must complete and verify all time documentation, including
16.19 but not limited to verification of service type, date, and duration, on the date the service
16.20 occurs and be consistent with documentation requirements of the service being provided.
16.21 A provider of services must maintain documentation demonstrating compliance with this
16.22 subdivision and make the documentation available to the commissioner or a managed care
16.23 organization upon request.
16.24   Sec. 10. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision
16.25 to read:
16.26     Subd. 7. Third-party system responsibilities. (a) This subdivision is effective for Early
16.27 Intensive Developmental and Behavioral Intervention services beginning July 1, 2027, or
16.28 upon federal approval, whichever is later. This subdivision is effective for all other services
16.29 subject to this subdivision beginning January 1, 2027, or upon federal approval, whichever
16.30 is later.
16.31     (b) A provider of services using a third-party electronic visit verification system must
16.32 ensure that the system meets all technical, functional, and data-exchange requirements
 Sec. 10.  16
 SF4400  REVISOR  JSK  S4400-1  1st Engrossment
17.1  established by the commissioner and transmits data to the commissioner or the data
17.2  aggregator in the format and with the frequency required by the commissioner.
17.3      (c) A third-party electronic visit verification vendor must:
17.4      (1) comply with all technical, contractual, privacy, and security standards established
17.5  by the commissioner;
17.6      (2) not use or disclose state data for any purpose other than fulfilling the requirements
17.7  under this section or federal law;
17.8      (3) provide the commissioner access to system documentation, data mapping, and audit
17.9  records upon request; and
17.10     (4) immediately report to the commissioner any data transmission failure, breach, or
17.11 interruption affecting the commissioner's ability to receive required electronic visit
17.12 verification data.
17.13     (d) A provider of services remains responsible for ensuring compliance with this section
17.14 even when using a third-party electronic visit verification system.
17.15     (e) The third-party vendor must ensure training on the system is available to providers
17.16 of services.
17.17     EFFECTIVE DATE. This section is effective the day following final enactment.
17.18   Sec. 11. ELECTRONIC VISIT VERIFICATION AND MEDICAL ASSISTANCE
17.19 CLAIMS VALIDATION.
17.20     (a) The commissioner of human services must develop, test, and implement systems
17.21 changes necessary to integrate data collected through electronic visit verification systems,
17.22 as described under Minnesota Statutes, section 256B.073, with Minnesota's Medicaid
17.23 Management Information System. Data collected through electronic visit verification systems
17.24 must be used as part of the commissioner's processes for validating claims for services
17.25 subject to electronic visit verification.
17.26     (b) The commissioner of human services must require that managed care plans and
17.27 county-based purchasing plans ensure electronic visit verification and claims system
17.28 interoperability by January 1, 2027.
17.29     EFFECTIVE DATE. This section is effective the day following final enactment.
 Sec. 11.  17
SF4400  REVISOR  JSK  S4400-1  1st Engrossment
18.1   Sec. 12. REPEALER.
18.2     Minnesota Statutes 2024, section 256B.073, subdivision 4, is repealed.
18.3     EFFECTIVE DATE. This section is effective July 1, 2026.
Sec. 12.  18
  APPENDIX
  Repealed Minnesota Statutes: S4400-1
    256B.073 ELECTRONIC VISIT VERIFICATION.
    Subd. 4. Provider requirements. (a) A provider of services may select any electronic visit
verification system that meets the requirements established by the commissioner.
    (b) All electronic visit verification systems used by providers to comply with the requirements
established by the commissioner must provide data to the commissioner in a format and at a
frequency to be established by the commissioner.
    (c) Providers must implement the electronic visit verification systems required under this section
by a date established by the commissioner to be set after the state-selected electronic visit verification
systems for personal care services and home health services are in production. For purposes of this
paragraph, "personal care services" and "home health services" have the meanings given in United
States Code, title 42, section 1396b(l)(5). Reimbursement rates for providers must not be reduced
as a result of federal action to reduce the federal medical assistance percentage under the 21st
Century Cures Act, Public Law 114-255.
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