AASD and DSD eList announcement
Date: Sept. 15, 2026
To: Lead agency staff and other interested parties
From: DHS Aging and Adult Services and Disability Services divisions
Purpose: To provide a summary of 2026 legislative changes that impact MnCHOICES
Contact: For questions about disability waivers, use the DSD Contact Form. For questions about Alternative Care (AC), Essential Community Supports (ECS) and Elderly Waiver (EW), email dhs.aasd.hcbs@state.mn.us.
MnCHOICES assessment and support planning process legislative updates
The 2026 Minnesota Legislature passed changes that affect the MnCHOICES assessment and support planning process in Minn. Stat. §256B.0911. This eList provides a summary of the legislative changes that most directly affect the MnCHOICES assessment and support planning process.
1. Create a DHS certified assessor team
The legislature allocated funding to create a DHS certified assessor team.
Next steps
DHS must obtain federal approval from the Centers for Medicare & Medicaid Services (CMS) before we implement this change.
2. Develop a MnCHOICES redesign working group
The legislature requires DHS to develop a work group to make recommendations to shift the MnCHOICES assessment responsibility and administration to the state. The recommendations must include:
DHS must provide a final report by Sept. 1, 2027.
Next steps
DHS received funds from the legislature for this work.
We are currently recruiting members for the MnCHOICES Assessment Redesign Working Group. For more information, refer to the Sept. 8, 2026, eList announcement.
We will share more information when it is available.
3. Remove 121-day statute language
The legislature will remove statute language that says a person receiving home and community-based services (HCBS) waiver services may return to a community with HCBS waiver services under the same waiver without receiving an assessment or reassessment if the person temporarily entered a facility for 121 or fewer days.
Next steps
DHS will:
4. Remove statute language for verbal attestation or alternative to replace required reassessment signatures
The legislature removed statute language for verbal attestation to replace reassessment signatures, as described in Minn. Stat. §256B.0911, subd. 24(a) and Minn. Stat. §256B.0911, subd. 25(a), because CMS did not approve the following MnCHOICES assessment-related policy changes:
Next steps
DHS will not implement these changes because CMS did not approve them. We announced this in an April 14, 2026, eList announcement.
5. Allow Tribal Nations to determine MnCHOICES assessor qualifications
The legislature will allow Tribal Nations to establish their own education and experience qualifications for certified assessors.
Next steps
DHS must obtain federal approval from CMS before we implement this change.
6. Remove requirement for MnCHOICES benchmarks report requirement
The legislature removed the requirement for DHS to produce MnCHOICES benchmarks report.
Next steps
DHS will no longer publish the MnCHOICES benchmarks report.
7. Remove statute language for exemptions and emergency admissions
Effective Jan. 1, 2027, people who receive Alternative Care (AC) program or HCBS waivers will be exempt from preadmission screening (PAS) and nursing facility level of care (NF LOC) determinations when admitted to a Medical Assistance (MA) certified skilled nursing facility (SNF).
Next steps
DHS will:
8. Allow limited role-based access to MnCHOICES for HCBS providers
Effective July 1, 2028, HCBS providers will have limited role-based access to a person’s support plan from the MnCHOICES system. When a lead agency designates an HCBS provider as a provider for a specific person, the provider will have access to the person’s MnCHOICES support plan to:
Next steps
DHS will:
More information
DHS will send eList announcements to:
Previous eList announcements
AASD LEAD AGENCY ARCHIVE | DSD LEAD AGENCY ARCHIVE | DSD STAKEHOLDER ARCHIVE
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