External Program Review Committee (EPRC) agenda

Date: 2-4 p.m. on Sept. 4, 2025
DSD liaisons: Stacie Enders, Jessica Little and Ari Dionisopoulos
Type: Whole committee
Location: Room 2222, Elmer L. Andersen Building, 540 Cedar St., St. Paul, MN 55101
Meeting link: Webex
Access code: 2482 703 7275
Accommodations: If you need an accommodation for this meeting, you must notify a DSD liaison three days before the meeting. Email PositiveSupports@state.mn.us or call (651) 431-4300.

Common acronyms used by the committee

We ask committee members to avoid the use of acronyms. Here are common acronyms:

· BIRF: DHS form 5148: Behavioral Intervention Report Form

· CABC: Context, antecedent, behavior, consequence

· CFSS: Community First Services and Supports

· DEED: Minnesota Department of Employment and Economic Development

· DHS: Minnesota Department of Human Services

· DLI: Minnesota Department of Labor and Industry

· DSD: Disability Services Division

· DSP: Direct support professional

· EUMR: Emergency use of manual restraint

· FBA: Functional behavior assessment

· HCBS: Home and community-based services

· IRP: Interim Review Panel (Predecessor to the EPRC)

· MDH: Minnesota Department of Health

· PCA: Personal care assistant

· PSR: Positive Supports Rule: Minnesota Rule 9544

· PSTP: DHS form 6810: Positive Support Transition Plan

General reminders for committee members

Before speaking, please state your name. Committee members are expected to:

· Be on time.

· Read the minutes, agenda and supporting documents before each meeting.

· Participate in ideas and conversations, as well as pause to allow others to share input.

· Commit to spending the whole meeting time present and not engage in other activities during the meeting.

Technology

The first few minutes of every meeting will be dedicated to addressing any connectivity issues, to ensure everyone can hear other meeting participants.

Agenda items

Public comments

The committee encourages public participants to share their thoughts and ask questions about committee activities at the beginning of each meeting. The committee will continue on to the next agenda item when either 1) 30 minutes have passed or 2) when there are no additional comments or questions, whichever comes first.

Vote

The committee will discuss and vote on the minutes from August 2025.

Updates to share

Regional positive support capacity building meetings: Committee members are invited to give any updates they may have on this topic. More information can be found at: Regional Capacity Building – Positive Supports (qualitycouncilmn.org).

Simplify and organize online DHS materials and training resources related to positive support services: No updates.

Intervention services redesign: Group is finalizing the draft outline of the potential service and reviewing the public survey draft designed to get feedback on the service draft.

Direct care workforce shortage: Ending of some federal protections for PCA and other domestic service workers

On July 25, 2025, the U.S. Department of Labor, Wage and Hour Division published FAB 2025-4, Home Care Enforcement Guidance (PDF), which addresses a change in enforcement in the home care industry. On July 2, 2025, the division proposed to rescind the current regulation issued in a 2013 final rule, Application of the Fair Labor Standards Act to Domestic Service. To direct its resources more efficiently to align with agency priorities, the division issued this enforcement guidance to its field staff until the effective date of any final rule the Department of Labor issues regarding the 2013 final rule.The guidance provides that field staff will:

· Discontinue enforcement of the 2013 final rule, including open cases.

· Not take any enforcement action against third party employers claiming the 13(a)(15) or 13(b)(21) FLSA exemptions.

· Not factor time limitations when determining exemption applications for companionship services.

For more information about application of the Fair Labor Standards Act to the home care industry or other WHD enforced laws, visit the Wage and Hour Division, or call toll-free 1-866-4US-WAGE. 

Direct care workforce shortage: Wage theft prevention

The Legislature passed the Minnesota Wage Theft Prevention Act to create additional protections for workers, including adding criminal penalties for employers that commit wage theft, which occurs when employers do not pay their workers what is owed them for the work they have performed.

This law included additional funding to allow the Department of Labor and Industry (DLI) to add staff members needed to perform strategic and targeted workplace enforcement and conduct outreach and education for employers, workers and their communities.

Direct care workforce shortage: Post-Traumatic Stress Disorder (PTSD) in Minnesota

DLI report

Direct care workforce shortage: Grants to support new Americans in the long-term care workforce

AASD and DSD eList: Grants to support new Americans in the LTC workforce

Direct care workforce shortage: August is National Breastfeeding Month

Learn about rights and available resources for pregnant and lactating employees in the workplace at dli.mn.gov/newparents. Watch the DLI informational video about pregnancy and parental rights, including expressing milk in the workplace.

Direct care workforce shortage: Upcoming September event: Workplace Rights Week

Workplace Rights Week home page

Subcommittee updates

Requests for approval subcommittee

Business as usual.

Emergency use of manual restraint subcommittee

Encouraging providers to think outside the box, seeing the situation and environment from the persons perspective.

Discussion

Annual goals

The committee will review their 2025 goal:

· Create and maintain training materials as needs are discovered and as project opportunities emerge. Some projects may include: PSTP examples, reinforcement (token) programs, implementing 9544 for 245D providers, trainings for specific behaviors or disorders (PICA, fecal smearing, self-harm ingestion) and relating that to MN regulations

This goal is meant to reflect the committee’s commitment to providers by giving them resources that align with the goal of reducing the use of prohibited procedures and increasing the use of positive supports. Spending time working with provider’s gives them a great perspective on topics that need further explanation.

Additional Notes

· Using MN Crosswalks for 245D, positive supports and employment services training

Time: 9:30 to 10:20 a.m.

Registration: To register, refer to Microsoft Teams registration – DirectCourse Learning Administrator Conference: Using MN Crosswalks for 245D, positive supports and employment services training.

Topics: Crosswalk areas overview, connection to learning management system content and annual training plans.

· DirectCourse and workforce development

Time: 10:30 to 11:20 a.m.

Registration: To register, refer to Microsoft Teams registration – DirectCourse Learning Administrator Conference: DirectCourse and workforce development.

Topics: Retaining direct support professionals (DSPs) in the workforce; how workplace culture, coworker dynamics and personal boundaries affect job satisfaction; and DSPs' role in shaping a positive environment that supports long-term commitment and reduces turnover.

· DirectCourse provider success stories

Time: 11:30 a.m. to 12 p.m.

Registration: To register, refer to Microsoft Teams registration – DirectCourse Learning Administrator Conference: DirectCourse provider success stories.

Topics: Real-world examples from Minnesota providers.

Closing

Committee members are welcome to ask questions or bring up other topics for discussion.