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2019 Extended Employment Rule
The Office of Administrative Hearings Administrative Law Judge has approved the rules governing the Extended Employment (EE) program and were officially promulgated March 4, 2019.
2019 Extended Employment Rules
Many of the major changes in the Extended Employment rule do not begin until the start SFY 2021 (July 1, 2020). This will allow providers a year to prepare for these changes, which will then be reflected in the SFY 2021 compliance audit standards. As a refresher, here are the key major changes:
Eligibility for Individuals on MA Waiver
This provision will begin SFY 2021 (July 1, 2020) and includes an exemption clause that allows individuals currently receiving EE services who are on a MA waiver to be eligible to continue to receive long term employment supports through EE. This allows individuals to maintain services with their current provider, regardless of whether they have a 245D license. Beginning SFY 2021 (July 1, 2020) all new referrals to EE will need to adhere to the new eligibility language related to MA waivers.
Employer of Record Implementation
This provision will begin SFY 2021 (July 1, 2020).
Center-Based Phase-Out and Non-Competitive Cap Implementation
The implementation of the Center-Based Employment subprogram phase-out and cap on funding that is not competitive and integrated will start SFY 2021 (July 1, 2020).
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Rulemaking Process
DEED is implementing changes to the state rules that govern the Extended Employment Program. The rule has been revised to prioritize Extended Employment program funding for services to support individuals working in competitive, integrated employment.
The 2019 rule modifies the Extended Employment program to reflect principles such as Minnesota’s commitment to person-centered practices, informed choice, and Minnesota’s Employment First policy - especially its focus on competitive, integrated employment. The revision also aligns the program with new practices in the broader disability services system driven by changing rules and requirements the federal Home and Community Based Services rule, the federal Workforce Innovation and Opportunity Act, and stepped up enforcement of the Olmstead decision.
The 2019 Extended Employment rule caps funding for employment that is not competitive and integrated, and phases out funding for center-based (workshop) employment. The rule clarifies that for a job to be truly competitive and integrated, the employer cannot be an individual’s Extended Employment service provider.
Rulemaking Documents
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Community Input
The department is grateful for the significant community input into the development of the proposed rule changes for the Extended Employment program. The rule revision process started 4 years ago and has included 18 months of work by an advisory committee and 8 public forums and meetings.
EE Rule Advisory Committee
The Extended Employment Rule Advisory Committee (EERAC) was established to provide a key advisory role on the rule revision. The committee identified and considered policy issues and opportunities impacting individuals who receive EE services and EE providers. The committee met from June 2014 to December 2015 and included individuals representing DEED, Community Rehabilitation Providers (CRPs), advocacy organizations for individuals with disabilities, the Department of Human Services (DHS), and counties.
Public Forum(s)
The department conducted a total of 8 public forums or meetings: two in Mankato, two in Brainerd, and one each in St. Paul, Bemidji, Willmar and Rochester. The public forums were held to seek input primarily from individuals receiving EE services and their families or guardians. This was also the department’s opportunity to hear more broadly from Community Rehabilitation Providers and others in the disability services system. There was a good representation of providers, family members, county employees, and persons receiving Extended Employment support services at the forums.
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For More Information
For further information contact the Extended Employment Program Specialist, Meghan Hanson, 651-539-4152 or email Extended.Employment@state.mn.us.
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Funding
The VR program received 73.42% of federal fiscal year 2023 funding through grants from the U.S. Department of Education. The federal fiscal year 2023 grants totaled $47,671,377. The required state match for these funds is $12,849,251. The state of Minnesota appropriated $14.3 million to meet the match requirement.
