April 5, 2021

Senator Jim Abeler, Chair Senate Human Services Reform Finance and Policy Committee Senate 3215 Bldg. St. Paul, MN 55155

Senator , Vice Chair Senate Human Services Reform Finance and Policy Committee Minnesota Senate 3109 Minnesota Senate Bldg. St. Paul, MN 55155

Senator John Hoffman, Ranking Minority Lead Senate Human Services Reform Finance and Policy Committee Minnesota Senate 2235 Minnesota Senate Bldg. St. Paul, MN 55155

Dear Chair Abeler, Vice Chair Benson, Senator Hoffman and Members of the Human Services Reform Finance and Policy Committee:

The Legal Services Advocacy Project (LSAP) and Minnesota Disability Law Center appreciate the opportunity to provide written public testimony regarding SF383, and specifically the A-3 amendment. The Minnesota Disability Law Center (MDLC) and the Legal Services Advocacy Project (LSAP) are statewide projects of Mid-Minnesota Legal Aid. MDLC serves as the Protection and Advocacy (P&A) organization for Minnesota, and, along with every other state and territory, is the largest network of legally based advocacy services for people with disabilities in the United States. MDLC provides free legal services to children and adults with disabilities. LSAP is a statewide division of Legal Aid, providing policy advocacy on issues affecting low-wealth Minnesotans, children, seniors, and Minnesotans with disabilities in legislative and administrative forums.

Thank you for your leadership on so many issues impacting Minnesotans! Senate File 383, A3 includes many important provisions that will provide tremendous assistance to our clients. We write to express our gratitude for the inclusion of the following provisions:

• Inclusive Child Care Grants (Lines 46.8-48.25). Including children who have disabilities with their peers at the youngest ages is not only beneficial to children who have disabilities, but also their peers! Thank you for including this important pilot project to see how to best support child care providers to include children who have disabilities and complex medical needs. • Informed Choice and Informed Decisionmaking and Annual Access to Informed Choice in Disability Policy Statements (Lines 178.4-183.27; 218.5-218.17). People who have disabilitiesshould get to make choices about where they live, work, how they use technology, and how they direct services. Thank you for including this proposal to ensure that people are offered information that is accessible to them so that they can understand their options. When people know and understand their options, it impacts the choices they make. • PCA Rate Increase and Enhanced Rate (Lines 226.29-227.8). Our PCA program is a key piece of what supports people to live in their own homes and communities and it has long been in need of investment. Thank you for these investments in this essential service. • PCA Parent Pay Extension (Lines 220.26-221.5). This flexibility was an important part of Minnesota’s Covid-19 response and extending it until CFSS is implemented is a common- sense approach that will benefit many Minnesotans. • Home Care Rate Increase (Lines 227.9-227.15). Minnesota’s home care services have long been in need of an increase to ensure that people who need this service can access the care they need. Thank you for Senate File 383’s attention to this.

We know that you have worked hard, Chair Abeler, to set out proposals that can transform our disability services system to center on the choices of people who have disabilities and for that we are so grateful. We appreciate the conversations we’ve had regarding the Waiver Growth Limits language (Lines 221.6- 221.29) and are eager to continue working with you on ways to ensure people have access to the homes and work that they choose without limiting access to needed services. We also continue to have questions regarding the language directing to the Commissioner to develop a plan for addressing the effects of repeated incidents at State Operated Services (Lines 219.6-219.15). We are curious about the definitions, what counts as “repeated” or to “affect the community”, and which stakeholders would be included. We are also curious why this is limited to MSOCs, as a process for reviewing and considering problems arising in disability service programs could be beneficial for all disability services.

As you continue with budget negotiations, we hope you will reconsider raising rates for Minnesota’s Child Care Assistance Program and changing the statutory language to reference the most current market rate. Many of Legal Aid’s clients depend on CCAP so they can afford child care while they work or train, and competitive provide rates are needed to ensure the program works for families. With ample federal resources available—even before American Rescue Plan Act funds—this would be an important improvement for our clients.

Legal Aid is disappointed that Minnesota’s growing $100M TANF reserve and significant new TANF resources from the American Rescue Plan Act of 2021 are not directed to low-income families for rent, diapers, transportation, food, and other emergency basic needs. Further, the TANF dollars are not utilized to reduce monthly paperwork and reporting burdens for working parents participating in the Minnesota Family Investment Program. Legal Aid remains concerned that unrestricted appropriations to the MFIP Consolidated Fund will result in more county services unrelated to children’s emergency basic needs. Legal Aid would encourage the Senate to reconsider a more targeted investment in families – either with one-time or ongoing TANF funds.

Thank you again for your leadership on so many issues impacting Minnesotans.

Sincerely,

Jessica Webster Maren Hulden Staff Attorney Staff Attorney