EIDBI advisory council subgroups

DHS is forming subgroups of the EIDBI advisory council to gather expert input, examine current practices, identify risks and opportunities and make recommendations as DHS establishes licensing standards. Each subgroup will meet twice, once each in November and December 2025. Each meeting will be 90 minutes and held virtually.

Advisory council members will choose up to three subgroups in which they would like to participate. Members should choose their groups ranked in order of preference.

A DHS staff member will facilitate the meetings, which might be recorded for internal use. External experts might be invited to share input but will not take advisory council seats.

Timeline

  • Subgroups will be announced at the Nov. 7 advisory council meeting, during which there will be a subgroup orientation.
  • Groups will meet once in November and December, with draft suggestions completed by the end of the year.

Subgroup 1: Basic health and safety standards and medication management and ancillary services

This group will meet virtually and cover:

  • Training for staff on health, safety, abuse prevention and client rights,
  • Compliance with state/federal licensing and health codes.
  • Written policies to ensure client safety, maltreatment reporting, completion of staff background checks, and emergency procedures.
  • Safe storage and delivery of medication to participants
  • Medication Management- including safe storage, labeled/unexpired medications, appropriate training and monitoring of delivered medications
  • Agencies coordination with medical providers
  • Ancillary services (OT, PT, Speech, mental health therapy) integration
  • CPR Training and First Aid for staff

Subgroup 2: Physical plant standards

This group will cover:

  • Maintaining facilities that are accessible, safe and supportive of treatment (ADA-compliant, culturally responsive, sensory-friendly when needed).
  • Adequate space for individual and group therapy, mutual spaces like lunchrooms.
  • Safety measures (locked storage for cleaning materials, accessible exits, etc.).
  • Emergency procedures, marked exits, drills.
  • Clean, maintained environments appropriate for children and young adults.
  • Home and clinic standards.

Subgroup 3: Privacy and use of cameras

This group will cover:

  • Use of cameras: training or safety.
  • Use of recording vs. live stream cameras.
  • Parent/guardian access to live stream and/or recordings.
  • Written informed consent about use of cameras from parents/legal guardians.
  • Compliance with state data privacy laws and HIPAA.
  • Policies on data storage, access and destruction of recordings.

Subgroup 4: Third-party billing procedures and requirements; billing standards, including duplicative and simultaneous billing

This group will cover:

  • Documentation that must substantiate time billed, staff role and service delivered.
  • Coordination required if services are funded by other payers (schools, waivers, insurance) to prevent duplication.
  • The prohibition on simultaneous billing for two direct interventions with the same child by two staff members (except in caregiver training scenarios).
  • The requirement that time billed must reflect face-to-face, direct intervention (except limited billable travel/coordination).
  • Clarity of billing codes and limits.
  • Covered vs. noncovered services.
  • Improper billing: internal policies on cross-checking documentation, billed units, staff training on allowable billing practices.

Subgroup 5: Measures of clinical effectiveness

This group will cover:

  • Tracking measurable progress toward ITP goals.
    • Data from sessions
    • Caregiver reports
    • Direct observation
    • Recommendations for continuation, modification or discharge.
  • Defining effectiveness: demonstrated gains in functional/adaptive skills, communication, social interaction, independence.
    • Data collection requirements.
  • Measures and tools.
  • Caregiver involvement.
  • Discharge/transition to lower intensity supports.
  • System level accountability.

Subgroup 6: Limitations and exceptions under 256B.0949, subd 17.

This group will cover:

  • Provider shortage response
    • Grants DHS authority to issue variances during provider shortage.
    • Variances (Level I/II exceptions) implemented to expand provider eligibility during workforce shortages.
    • Shortage considering geography: Shortages can be identified in specific regions, multiple areas or statewide.
  • Authority to grant exceptions. If a shortage is determined, the commissioner may grant exceptions (or variances) to ensure service delivery is not compromised. Such exceptions:
    • Must not compromise safety or decrease treatment effectiveness.
    • May have expiration dates.
    • May apply to provider qualifications required under the statute.
  • Ending exceptions:
    • Notify legislative leaders (chairs and ranking minority members) of relevant health and human services committees.
    • 30 days public comment.
    • Consider the feedback before requesting legislative guidance to end the shortage declaration.