HF 2901 as introduced - 87th Legislature (2011

HF 2901

ARTICLE 1

HUMAN SERVICES

ARTICLE 2

HEALTH AND HUMAN SERVICES APPROPRIATIONS

Section 1.

Subd. 7.

new text begin EFFECTIVE DATE. new text end

Sec. 2.

Subd. 3.

new text begin EFFECTIVE DATE. new text end

Sec. 3.

Subd. 4.

new text begin EFFECTIVE DATE. new text end

Sec. 4.

Subd. 1a.

new text begin EFFECTIVE DATE. new text end

Sec. 5.

Subd. 3.

new text begin EFFECTIVE DATE. new text end

Sec. 6.

Subd. 9.

new text begin EFFECTIVE DATE. new text end

Sec. 7.

Subd. 4.

new text begin EFFECTIVE DATE. new text end

Sec. 8.

Subd. 11.

new text begin EFFECTIVE DATE. new text end

Sec. 9.

Subd. 28.

new text begin EFFECTIVE DATE. new text end

Sec. 10.

Subd. 15.

new text begin EFFECTIVE DATE. new text end

Sec. 11.

Subd. 5c.

new text begin EFFECTIVE DATE. new text end

Sec. 12.

Sec. 52. IMPLEMENT NURSING HOME LEVEL OF CARE CRITERIA.

new text begin EFFECTIVE DATE. new text end

Sec. 13.

Sec. 54. CONTINGENCY PROVIDER RATE AND GRANT REDUCTIONS.

new text begin EFFECTIVE DATE. new text end

Sec. 14.

Subd. 3.

new text begin EFFECTIVE DATE. new text end

Sec. 15. new text begin GRANTS FOR HOUSING ACCESS SERVICES.
new text end

new text begin EFFECTIVE DATE. new text end

Bill Text Versions

Current Version - as introduced

Section 1.

Subd. 7.

new text begin EFFECTIVE DATE. new text end

Sec. 2.

Subd. 3.

new text begin EFFECTIVE DATE. new text end

Sec. 3.

Subd. 4.

new text begin EFFECTIVE DATE. new text end

Sec. 4.

Subd. 1a.

new text begin EFFECTIVE DATE. new text end

Sec. 5.

Subd. 3.

new text begin EFFECTIVE DATE. new text end

Sec. 6.

Subd. 9.

new text begin EFFECTIVE DATE. new text end

Sec. 7.

Subd. 4.

new text begin EFFECTIVE DATE. new text end

Sec. 8.

Subd. 11.

new text begin EFFECTIVE DATE. new text end

Sec. 9.

Subd. 28.

new text begin EFFECTIVE DATE. new text end

Sec. 10.

Subd. 15.

new text begin EFFECTIVE DATE. new text end

Sec. 11.

Subd. 5c.

new text begin EFFECTIVE DATE. new text end

Sec. 12.

Sec. 52. IMPLEMENT NURSING HOME LEVEL OF CARE CRITERIA.

new text begin EFFECTIVE DATE. new text end

Sec. 13.

Sec. 54. CONTINGENCY PROVIDER RATE AND GRANT REDUCTIONS.

new text begin EFFECTIVE DATE. new text end

Sec. 14.

Subd. 3.

new text begin EFFECTIVE DATE. new text end

Sec. 15. new text begin GRANTS FOR HOUSING ACCESS SERVICES.new text end

new text begin EFFECTIVE DATE. new text end

Section 1. new text begin SUMMARY OF APPROPRIATIONS.new text end

Sec. 2. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS.new text end

Sec. 3.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

Sec. 4. new text begin COMMISSIONER OF HEALTHnew text end

Sec. 5. new text begin EXPIRATION OF UNCODIFIED LANGUAGE.new text end

Sec. 6. new text begin EFFECTIVE DATE.new text end

Sec. 15. new text begin GRANTS FOR HOUSING ACCESS SERVICES.
new text end

Section 1. new text begin SUMMARY OF APPROPRIATIONS.
new text end

Sec. 4. new text begin COMMISSIONER OF HEALTH
new text end

Sec. 5. new text begin EXPIRATION OF UNCODIFIED LANGUAGE.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

Licensing moratorium.

Application fee for initial license or certification.

License or certification fee for certain programs.

Income and assets generally.

Asset limitations for individuals and families.

Employed persons with disabilities.

Citizenship requirements.

Personal care assistant; requirements.

Personal care assistance provider agency; required documentation.

Individualized service plan; comprehensive transitional service plan;
maintenance service plan.

Medical education and research fund.

Forecasted Programs

Licensing moratorium.

Application fee for initial license or certification.

License or certification fee for certain programs.

Income and assets generally.

Asset limitations for individuals and families.

Employed persons with disabilities.

Citizenship requirements.

Personal care assistant; requirements.

Personal care assistance provider agency; required documentation.

Individualized service plan; comprehensive transitional service plan; maintenance service plan.

Medical education and research fund.

Forecasted Programs

new text begin Total Appropriation new text end

new text begin Central Office Operations new text end

new text begin Forecasted Programs new text end

new text begin Grant Programs new text end

new text begin State-Operated Services new text end

Individualized service plan; comprehensive transitional service plan;
maintenance service plan.

new text begin Total Appropriation
new text end

new text begin Central Office Operations
new text end

new text begin Forecasted Programs
new text end

new text begin Grant Programs
new text end

new text begin State-Operated Services
new text end

Engrossments
Introduction		Posted on 03/15/2012

Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7,
is amended to read:

(a) The commissioner shall not issue an
initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
9555.6265, under this chapter for a physical location that will not be the primary residence
of the license holder for the entire period of licensure. If a license is issued during this
moratorium, and the license holder changes the license holder's primary residence away
from the physical location of the foster care license, the commissioner shall revoke the
license according to section 245A.07. Exceptions to the moratorium include:

(1) foster care settings that are required to be registered under chapter 144D;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
and determined to be needed by the commissioner under paragraph (b);

(3) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center, or
restructuring of state-operated services that limits the capacity of state-operated facilities;

(4) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for persons requiring hospital level care; or

(5) new foster care licenses determined to be needed by the commissioner for the
transition of people from personal care assistance to the home and community-based
services.

(b) The commissioner shall determine the need for newly licensed foster care homes
as defined under this subdivision. As part of the determination, the commissioner shall
consider the availability of foster care capacity in the area in which the licensee seeks to
operate, and the recommendation of the local county board. The determination by the
commissioner must be final. A determination of need is not required for a change in
ownership at the same address.

(c) Residential settings that would otherwise be subject to the moratorium established
in paragraph (a), that are in the process of receiving an adult or child foster care license as
of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
or child foster care license. For this paragraph, all of the following conditions must be met
to be considered in the process of receiving an adult or child foster care license:

(1) participants have made decisions to move into the residential setting, including
documentation in each participant's care plan;

(2) the provider has purchased housing or has made a financial investment in the
property;

(3) the lead agency has approved the plans, including costs for the residential setting
for each individual;

(4) the completion of the licensing process, including all necessary inspections, is
the only remaining component prior to being able to provide services; and

(5) the needs of the individuals cannot be met within the existing capacity in that
county.

To qualify for the process under this paragraph, the lead agency must submit
documentation to the commissioner by August 1, 2009, that all of the above criteria are
met.

(d) The commissioner shall study the effects of the license moratorium under this
subdivision and shall report back to the legislature by January 15, 2011. This study shall
include, but is not limited to the following:

(1) the overall capacity and utilization of foster care beds where the physical location
is not the primary residence of the license holder prior to and after implementation
of the moratorium;

(2) the overall capacity and utilization of foster care beds where the physical
location is the primary residence of the license holder prior to and after implementation
of the moratorium; and

(3) the number of licensed and occupied ICF/MR beds prior to and after
implementation of the moratorium.

(e) When a foster care recipient moves out of a foster home that is not the primary
residence of the license holder according to section 256B.49, subdivision 15, paragraph
(f), the county shall immediately inform the Department of Human Services Licensing
Division, and the department shall immediately decrease the new text begin statewide new text end licensed capacity
for deleted text begin the homedeleted text end new text begin foster care settings where the physical location is not the primary residence
of the license holdernew text end . A decreased licensed capacity according to this paragraph is not
subject to appeal under this chapter.new text begin A needs determination process, managed at the state
level, with county input, will determine where the reduced capacity will occur.
new text end

new text begin This section is effective the day following final enactment.
new text end

Minnesota Statutes 2011 Supplement, section 245A.10, subdivision 3, is
amended to read:

(a) For fees required
under subdivision 1, an applicant for an initial license or certification issued by the
commissioner shall submit a $500 application fee with each new application required
under this subdivision. The application fee shall not be prorated, is nonrefundable, and
is in lieu of the annual license or certification fee that expires on December 31. The
commissioner shall not process an application until the application fee is paid.

(b) Except as provided in clauses (1) to (4), an applicant shall apply for a license
to provide services at a specific location.

(1) For a license to provide residential-based habilitation services to persons with
developmental disabilities under chapter 245B, an applicant shall submit an application
for each county in which the services will be provided. Upon licensure, the license
holder may provide services to persons in that county plus no more than three persons
at any one time in each of up to ten additional counties. A license holder in one county
may not provide services deleted text begin under the home and community-based waiverdeleted text end for persons with
developmental disabilities to more than three people in a second county without holding
a separate license for that second county. Applicants or licensees providing services
under this clause to not more than three persons remain subject to the inspection fees
established in section 245A.10, subdivision 2, for each location. The license issued by
the commissioner must state the name of each additional county where services are being
provided to persons with developmental disabilities. A license holder must notify the
commissioner before making any changes that would alter the license information listed
under section 245A.04, subdivision 7, paragraph (a), including any additional counties
where persons with developmental disabilities are being served.

(2) For a license to provide supported employment, crisis respite, or
semi-independent living services to persons with developmental disabilities under chapter
245B, an applicant shall submit a single application to provide services statewide.

(3) For a license to provide independent living assistance for youth under section
245A.22, an applicant shall submit a single application to provide services statewide.

(4) For a license for a private agency to provide foster care or adoption services
under Minnesota Rules, parts 9545.0755 to 9545.0845, an applicant shall submit a single
application to provide services statewide.

new text begin (c) Notwithstanding paragraphs (a) and (b), an applicant for an initial license
issued by the commissioner to provide home and community-based services to persons
with disabilities or persons age 65 and older under chapter 245D must submit a $585
application fee with each new application as follows:
new text end

new text begin (1) a single application for a license to provide one or more of the following services:
housing access coordination; behavioral programming; specialist services; companion
services; personal support; 24-hour emergency assistance, on-call and personal emergency
response; night supervision; homemaker services, excluding providers licensed by the
Department of Health under chapter 144A or those providers providing cleaning services
only; respite; or independent living skills training;
new text end

new text begin (2) a single application for a license to provide structured day or prevocational
services; or
new text end

new text begin (3) a single application for a license to provide supported employment.
new text end

new text begin (d) The initial application fee charged under this subdivision does not include the
temporary license surcharge under section 16E.22.
new text end

new text begin This section is effective July 1, 2012.
new text end

Minnesota Statutes 2011 Supplement, section 245A.10, subdivision 4, is
amended to read:

(a) Child care centers
shall pay an annual nonrefundable license fee based on the following schedule:

	Licensed Capacity	Child Care Center License Fee
	1 to 24 persons	$200
	25 to 49 persons	$300
	50 to 74 persons	$400
	75 to 99 persons	$500
	100 to 124 persons	$600
	125 to 149 persons	$700
	150 to 174 persons	$800
	175 to 199 persons	$900
	200 to 224 persons	$1,000
	225 or more persons	$1,100

(b) A new text begin program licensed to provide new text end day training and habilitation deleted text begin program servingdeleted text end new text begin
services tonew text end persons with developmental disabilities new text begin under chapter 245B new text end or deleted text begin related
conditionsdeleted text end new text begin structured day or prevocational services to persons with disabilities under
chapter 245D,new text end shall pay an annual nonrefundable license fee based on the following
schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$800
	25 to 49 persons	$1,000
	50 to 74 persons	$1,200
	75 to 99 persons	$1,400
	100 to 124 persons	$1,600
	125 to 149 persons	$1,800
	150 or more persons	$2,000

new text begin (1) new text end Except as provided in deleted text begin paragraph (c)deleted text end new text begin clause (2)new text end , when a deleted text begin day training and
habilitationdeleted text end program serves more than 50 percent of the same persons in two or more
locations in a community, the deleted text begin day training and habilitationdeleted text end program shall pay a license
fee based on the licensed capacity of the largest facility and the other facility or facilities
shall be charged deleted text begin adeleted text end new text begin an annual, nonrefundablenew text end license fee based on a licensed capacity of a
deleted text begin residentialdeleted text end program serving one to 24 persons.

deleted text begin (c) Whendeleted text end new text begin (2)new text end A day training and habilitation program deleted text begin serving personsdeleted text end with
deleted text begin developmental disabilities or related conditions seeksdeleted text end a single license allowed under
section 245B.07, subdivision 12, clause (2) or (3), deleted text begin thedeleted text end new text begin must be charged an annual,
nonrefundablenew text end licensing fee deleted text begin must bedeleted text end based on the combined licensed capacity for each
location.

new text begin (3) A program providing services in community-based settings only and not in
a licensed facility, must pay an annual, nonrefundable license fee based on a licensed
capacity of one to 24 persons.
new text end

new text begin (4) A program licensed to provide day training and habilitation services to persons
with developmental disabilities under chapter 245B and structured day or prevocational
services to persons with disabilities under chapter 245D must pay a single annual,
nonrefundable license fee based on the combined license capacity of all services.
new text end

deleted text begin (d)deleted text end new text begin (c)new text end A program licensed to provide supported employment services to persons
with developmental disabilities under chapter 245B new text begin or to persons with disabilities under
chapter 245D new text end shall pay an annual nonrefundable license fee of $650.

deleted text begin (e)deleted text end new text begin (d)new text end A program licensed to provide crisis respite services to persons with
developmental disabilities under chapter 245B shall pay an annual nonrefundable license
fee of $700.

deleted text begin (f)deleted text end new text begin (e)new text end A program licensed to provide semi-independent living services to persons
with developmental disabilities under chapter 245B shall pay an annual nonrefundable
license fee of $700.

deleted text begin (g)deleted text end new text begin (f)new text end A program licensed to provide residential-based habilitation services under
the home and community-based waiver for persons with developmental disabilities shall
pay an annual license fee that includes a base rate of $690 plus $60 times the number of
clients served on the first day of July of the current license year.

new text begin (g) A program licensed to provide housing access coordination; behavioral
programming; specialist services; companion services; personal support; 24-hour
emergency assistance, on-call and personal emergency response; night supervision;
homemaker services, excluding providers licensed by the Department of Health under
chapter 144A or those providers providing cleaning services only; respite; or independent
living skills training; for persons with disabilities or persons age 65 and older under
chapter 245D must pay an annual nonrefundable license fee of $750.
new text end

(h) A residential program certified by the Department of Health as an intermediate
care facility for persons with developmental disabilities deleted text begin (ICF/MR)deleted text end new text begin (ICF/DD)new text end and a
noncertified residential program licensed to provide health or rehabilitative services for
persons with developmental disabilities shall pay an annual nonrefundable license fee
based on the following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$535
	25 to 49 persons	$735
	50 or more persons	$935

(i) A chemical dependency treatment program licensed under Minnesota Rules, parts
9530.6405 to 9530.6505, to provide chemical dependency treatment shall pay an annual
nonrefundable license fee based on the following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$600
	25 to 49 persons	$800
	50 to 74 persons	$1,000
	75 to 99 persons	$1,200
	100 or more persons	$1,400

(j) A chemical dependency program licensed under Minnesota Rules, parts
9530.6510 to 9530.6590, to provide detoxification services shall pay an annual
nonrefundable license fee based on the following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$760
	25 to 49 persons	$960
	50 or more persons	$1,160

(k) Except for child foster care, a residential facility licensed under Minnesota
Rules, chapter 2960, to serve children shall pay an annual nonrefundable license fee
based on the following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$1,000
	25 to 49 persons	$1,100
	50 to 74 persons	$1,200
	75 to 99 persons	$1,300
	100 or more persons	$1,400

(l) A residential facility licensed under Minnesota Rules, parts 9520.0500 to
9520.0670, to serve persons with mental illness shall pay an annual nonrefundable license
fee based on the following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$2,525
	25 or more persons	$2,725

(m) A residential facility licensed under Minnesota Rules, parts 9570.2000 to
9570.3400, to serve persons with physical disabilities shall pay an annual nonrefundable
license fee based on the following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$450
	25 to 49 persons	$650
	50 to 74 persons	$850
	75 to 99 persons	$1,050
	100 or more persons	$1,250

(n) A program licensed to provide independent living assistance for youth under
section 245A.22 shall pay an annual nonrefundable license fee of $1,500.

(o) A private agency licensed to provide foster care and adoption services under
Minnesota Rules, parts 9545.0755 to 9545.0845, shall pay an annual nonrefundable
license fee of $875.

(p) A program licensed as an adult day care center licensed under Minnesota Rules,
parts 9555.9600 to 9555.9730, shall pay an annual nonrefundable license fee based on
the following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$500
	25 to 49 persons	$700
	50 to 74 persons	$900
	75 to 99 persons	$1,100
	100 or more persons	$1,300

(q) A program licensed to provide treatment services to persons with sexual
psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts
9515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.

(r) A mental health center or mental health clinic requesting certification for
purposes of insurance and subscriber contract reimbursement under Minnesota Rules,
parts 9520.0750 to 9520.0870, shall pay a certification fee of $1,550 per year. If the
mental health center or mental health clinic provides services at a primary location with
satellite facilities, the satellite facilities shall be certified with the primary location without
an additional charge.

new text begin (s) The annual license fee charged under this subdivision does not include the
temporary licensing surcharge under section 16E.22.
new text end

new text begin This section is effective July 1, 2012.
new text end

Minnesota Statutes 2010, section 256B.056, subdivision 1a, is amended to read:

Unless specifically required by state
law or rule or federal law or regulation, the methodologies used in counting income
and assets to determine eligibility for medical assistance for persons whose eligibility
category is based on blindness, disability, or age of 65 or more years, the methodologies
for the supplemental security income program shall be usednew text begin , except as provided under
subdivision 3, paragraph (a), clause (6)new text end . Increases in benefits under title II of the Social
Security Act shall not be counted as income for purposes of this subdivision until July 1 of
each year. Effective upon federal approval, for children eligible under section 256B.055,
subdivision 12, or for home and community-based waiver services whose eligibility
for medical assistance is determined without regard to parental income, child support
payments, including any payments made by an obligor in satisfaction of or in addition
to a temporary or permanent order for child support, and Social Security payments are
not counted as income. For families and children, which includes all other eligibility
categories, the methodologies under the state's AFDC plan in effect as of July 16, 1996, as
required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA), Public Law 104-193, shall be used, except that effective October 1, 2003, the
earned income disregards and deductions are limited to those in subdivision 1c. For these
purposes, a "methodology" does not include an asset or income standard, or accounting
method, or method of determining effective dates.

new text begin This section is effective April 1, 2012.
new text end

Minnesota Statutes 2011 Supplement, section 256B.056, subdivision 3, is
amended to read:

(a) To be eligible for
medical assistance, a person must not individually own more than $3,000 in assets, or if a
member of a household with two family members, husband and wife, or parent and child,
the household must not own more than $6,000 in assets, plus $200 for each additional
legal dependent. In addition to these maximum amounts, an eligible individual or family
may accrue interest on these amounts, but they must be reduced to the maximum at the
time of an eligibility redetermination. The accumulation of the clothing and personal
needs allowance according to section 256B.35 must also be reduced to the maximum at
the time of the eligibility redetermination. The value of assets that are not considered in
determining eligibility for medical assistance is the value of those assets excluded under
the supplemental security income program for aged, blind, and disabled persons, with
the following exceptions:

(1) household goods and personal effects are not considered;

(2) capital and operating assets of a trade or business that the local agency determines
are necessary to the person's ability to earn an income are not considered;

(3) motor vehicles are excluded to the same extent excluded by the supplemental
security income program;

(4) assets designated as burial expenses are excluded to the same extent excluded by
the supplemental security income program. Burial expenses funded by annuity contracts
or life insurance policies must irrevocably designate the individual's estate as contingent
beneficiary to the extent proceeds are not used for payment of selected burial expenses; deleted text begin and
deleted text end

(5) for a person who no longer qualifies as an employed person with a disability due
to loss of earnings, assets allowed while eligible for medical assistance under section
256B.057, subdivision 9, are not considered for 12 months, beginning with the first month
of ineligibility as an employed person with a disability, to the extent that the person's total
assets remain within the allowed limits of section 256B.057, subdivision 9, paragraph
(d)deleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) when a person enrolled in medical assistance under section 256B.057, subdivision
9, is age 65 or older and has been enrolled during each of the 24 consecutive months
before the person's 65th birthday, the assets owned by the person and the person's spouse
must be disregarded, up to the limits of section 256B.057, subdivision 9, paragraph (d),
when determining eligibility for medical assistance under section 256B.055, subdivision
7. The income of a spouse of a person enrolled in medical assistance under section
256B.057, subdivision 9, during each of the 24 consecutive months before the person's
65th birthday must be disregarded when determining eligibility for medical assistance
under section 256B.055, subdivision 7. Persons eligible under this clause are not subject to
the provisions in section 256B.059. A person whose 65th birthday occurs in 2012 or 2013
is required to have qualified for medical assistance under section 256B.057, subdivision 9,
prior to age 65 for at least 20 months in the 24 months prior to reaching age 65.
new text end

(b) No asset limit shall apply to persons eligible under section 256B.055, subdivision
15.

new text begin This section is effective April 1, 2012.
new text end

Minnesota Statutes 2011 Supplement, section 256B.057, subdivision 9, is
amended to read:

(a) Medical assistance may be paid
for a person who is employed and who:

(1) but for excess earnings or assets, meets the definition of disabled under the
Supplemental Security Income program;

(2) deleted text begin is at least 16 but less than 65 years of age;
deleted text end

deleted text begin (3)deleted text end meets the asset limits in paragraph (d); and

deleted text begin (4)deleted text end new text begin (3)new text end pays a premium and other obligations under paragraph (e).

(b) For purposes of eligibility, there is a $65 earned income disregard. To be eligible
for medical assistance under this subdivision, a person must have more than $65 of earned
income. Earned income must have Medicare, Social Security, and applicable state and
federal taxes withheld. The person must document earned income tax withholding. Any
spousal income or assets shall be disregarded for purposes of eligibility and premium
determinations.

(c) After the month of enrollment, a person enrolled in medical assistance under
this subdivision who:

(1) is temporarily unable to work and without receipt of earned income due to a
medical condition, as verified by a physician; or

(2) loses employment for reasons not attributable to the enrollee, and is without
receipt of earned income may retain eligibility for up to four consecutive months after the
month of job loss. To receive a four-month extension, enrollees must verify the medical
condition or provide notification of job loss. All other eligibility requirements must be met
and the enrollee must pay all calculated premium costs for continued eligibility.

(d) For purposes of determining eligibility under this subdivision, a person's assets
must not exceed $20,000, excluding:

(1) all assets excluded under section 256B.056;

(2) retirement accounts, including individual accounts, 401(k) plans, 403(b) plans,
Keogh plans, and pension plans;

(3) medical expense accounts set up through the person's employer; and

(4) spousal assets, including spouse's share of jointly held assets.

(e) All enrollees must pay a premium to be eligible for medical assistance under this
subdivision, except as provided under section 256.01, subdivision 18b.

(1) An enrollee must pay the greater of a $65 premium or the premium calculated
based on the person's gross earned and unearned income and the applicable family size
using a sliding fee scale established by the commissioner, which begins at one percent of
income at 100 percent of the federal poverty guidelines and increases to 7.5 percent of
income for those with incomes at or above 300 percent of the federal poverty guidelines.

(2) Annual adjustments in the premium schedule based upon changes in the federal
poverty guidelines shall be effective for premiums due in July of each year.

(3) All enrollees who receive unearned income must pay five percent of unearned
income in addition to the premium amount, except as provided under section 256.01,
subdivision 18b.

(4) Increases in benefits under title II of the Social Security Act shall not be counted
as income for purposes of this subdivision until July 1 of each year.

(f) A person's eligibility and premium shall be determined by the local county
agency. Premiums must be paid to the commissioner. All premiums are dedicated to
the commissioner.

(g) Any required premium shall be determined at application and redetermined at
the enrollee's six-month income review or when a change in income or household size is
reported. Enrollees must report any change in income or household size within ten days
of when the change occurs. A decreased premium resulting from a reported change in
income or household size shall be effective the first day of the next available billing month
after the change is reported. Except for changes occurring from annual cost-of-living
increases, a change resulting in an increased premium shall not affect the premium amount
until the next six-month review.

(h) Premium payment is due upon notification from the commissioner of the
premium amount required. Premiums may be paid in installments at the discretion of
the commissioner.

(i) Nonpayment of the premium shall result in denial or termination of medical
assistance unless the person demonstrates good cause for nonpayment. Good cause exists
if the requirements specified in Minnesota Rules, part 9506.0040, subpart 7, items B to
D, are met. Except when an installment agreement is accepted by the commissioner,
all persons disenrolled for nonpayment of a premium must pay any past due premiums
as well as current premiums due prior to being reenrolled. Nonpayment shall include
payment with a returned, refused, or dishonored instrument. The commissioner may
require a guaranteed form of payment as the only means to replace a returned, refused,
or dishonored instrument.

(j) The commissioner shall notify enrollees annually beginning at least 24 months
before the person's 65th birthday of the medical assistance eligibility rules affecting
income, assets, and treatment of a spouse's income and assets that will be applied upon
reaching age 65.

(k) For enrollees whose income does not exceed 200 percent of the federal poverty
guidelines and who are also enrolled in Medicare, the commissioner shall reimburse
the enrollee for Medicare part B premiums under section 256B.0625, subdivision 15,
paragraph (a).

new text begin This section is effective April 1, 2012.
new text end

Minnesota Statutes 2011 Supplement, section 256B.06, subdivision 4, is
amended to read:

(a) Eligibility for medical assistance is limited
to citizens of the United States, qualified noncitizens as defined in this subdivision, and
other persons residing lawfully in the United States. Citizens or nationals of the United
States must cooperate in obtaining satisfactory documentary evidence of citizenship or
nationality according to the requirements of the federal Deficit Reduction Act of 2005,
Public Law 109-171.

(b) "Qualified noncitizen" means a person who meets one of the following
immigration criteria:

(1) admitted for lawful permanent residence according to United States Code, title 8;

(2) admitted to the United States as a refugee according to United States Code,
title 8, section 1157;

(3) granted asylum according to United States Code, title 8, section 1158;

(4) granted withholding of deportation according to United States Code, title 8,
section 1253(h);

(5) paroled for a period of at least one year according to United States Code, title 8,
section 1182(d)(5);

(6) granted conditional entrant status according to United States Code, title 8,
section 1153(a)(7);

(7) determined to be a battered noncitizen by the United States Attorney General
according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;

(8) is a child of a noncitizen determined to be a battered noncitizen by the United
States Attorney General according to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill,
Public Law 104-200; or

(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
Law 96-422, the Refugee Education Assistance Act of 1980.

(c) All qualified noncitizens who were residing in the United States before August
22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation.

(d) Beginning December 1, 1996, qualified noncitizens who entered the United
States on or after August 22, 1996, and who otherwise meet the eligibility requirements
of this chapter are eligible for medical assistance with federal participation for five years
if they meet one of the following criteria:

(1) refugees admitted to the United States according to United States Code, title 8,
section 1157;

(2) persons granted asylum according to United States Code, title 8, section 1158;

(3) persons granted withholding of deportation according to United States Code,
title 8, section 1253(h);

(4) veterans of the United States armed forces with an honorable discharge for
a reason other than noncitizen status, their spouses and unmarried minor dependent
children; or

(5) persons on active duty in the United States armed forces, other than for training,
their spouses and unmarried minor dependent children.

Beginning July 1, 2010, children and pregnant women who are noncitizens
described in paragraph (b) or who are lawfully present in the United States as defined
in Code of Federal Regulations, title 8, section 103.12, and who otherwise meet
eligibility requirements of this chapter, are eligible for medical assistance with federal
financial participation as provided by the federal Children's Health Insurance Program
Reauthorization Act of 2009, Public Law 111-3.

(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter
are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this
subdivision, a "nonimmigrant" is a person in one of the classes listed in United States
Code, title 8, section 1101(a)(15).

(f) Payment shall also be made for care and services that are furnished to noncitizens,
regardless of immigration status, who otherwise meet the eligibility requirements of
this chapter, if such care and services are necessary for the treatment of an emergency
medical condition.

(g) For purposes of this subdivision, the term "emergency medical condition" means
a medical condition that meets the requirements of United States Code, title 42, section
1396b(v).

(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment
of an emergency medical condition are limited to the following:

(i) services delivered in an emergency room or by an ambulance service licensed
under chapter 144E that are directly related to the treatment of an emergency medical
condition;

(ii) services delivered in an inpatient hospital setting following admission from an
emergency room or clinic for an acute emergency condition; deleted text begin and
deleted text end

(iii) follow-up services that are directly related to the original service provided to
treat the emergency medical condition and are covered by the global payment made to
the providerdeleted text begin .deleted text end new text begin ;
new text end

new text begin (iv) administration of dialysis services provided in a hospital or freestanding dialysis
facility; or
new text end

new text begin (v) surgery and administration of chemotherapy, radiation, and related services
necessary to treat cancer provided to recipients with a diagnosis of cancer that is not in
remission and requires surgery, chemotherapy, or radiation treatment.
new text end

(2) Services for the treatment of emergency medical conditions do not includenew text begin the
following unless the services are part of the treatment plan for a recipient with a cancer
diagnosis and are directly related to cancer treatment as in clause (1), item (v)new text end :

(i) services delivered in an emergency room or inpatient setting to treat a
nonemergency condition;

(ii) organ transplants, stem cell transplants, and related care;

(iii) services for routine prenatal care;

(iv) continuing care, including long-term care, nursing facility services, home health
care, adult day care, day training, or supportive living services;

(v) elective surgery;

(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as
part of an emergency room visit;

(vii) preventative health care and family planning services;

deleted text begin (viii) dialysis;
deleted text end

deleted text begin (ix) chemotherapy or therapeutic radiation services;
deleted text end

deleted text begin (x)deleted text end new text begin (viii)new text end rehabilitation services;

deleted text begin (xi)deleted text end new text begin (ix)new text end physical, occupational, or speech therapy;

deleted text begin (xii)deleted text end new text begin (x)new text end transportation services;

deleted text begin (xiii)deleted text end new text begin (xi)new text end case management;

deleted text begin (xiv)deleted text end new text begin (xii)new text end prosthetics, orthotics, durable medical equipment, or medical supplies;

deleted text begin (xv)deleted text end new text begin (xiii)new text end dental services;

deleted text begin (xvi)deleted text end new text begin (xiv)new text end hospice care;

deleted text begin (xvii)deleted text end new text begin (xv)new text end audiology services and hearing aids;

deleted text begin (xviii)deleted text end new text begin (xvi)new text end podiatry services;

deleted text begin (xix)deleted text end new text begin (xvii)new text end chiropractic services;

deleted text begin (xx)deleted text end new text begin (xviii)new text end immunizations;

deleted text begin (xxi)deleted text end new text begin (xix)new text end vision services and eyeglasses;

deleted text begin (xxii)deleted text end new text begin (xx)new text end waiver services;

deleted text begin (xxiii)deleted text end new text begin (xxi)new text end individualized education programs; or

deleted text begin (xxiv)deleted text end new text begin (xxii)new text end chemical dependency treatment.

(i) Beginning July 1, 2009, pregnant noncitizens who are undocumented,
nonimmigrants, or lawfully present in the United States as defined in Code of Federal
Regulations, title 8, section 103.12, are not covered by a group health plan or health
insurance coverage according to Code of Federal Regulations, title 42, section 457.310,
and who otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance through the period of pregnancy, including labor and delivery, and 60
days postpartum, to the extent federal funds are available under title XXI of the Social
Security Act, and the state children's health insurance program.

(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation
services from a nonprofit center established to serve victims of torture and are otherwise
ineligible for medical assistance under this chapter are eligible for medical assistance
without federal financial participation. These individuals are eligible only for the period
during which they are receiving services from the center. Individuals eligible under this
paragraph shall not be required to participate in prepaid medical assistance.

new text begin This section is effective the day following final enactment.
new text end

Minnesota Statutes 2011 Supplement, section 256B.0659, subdivision 11,
is amended to read:

(a) A personal care assistant
must meet the following requirements:

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years
of age with these additional requirements:

(i) supervision by a qualified professional every 60 days; and

(ii) employment by only one personal care assistance provider agency responsible
for compliance with current labor laws;

(2) be employed by a personal care assistance provider agency;

(3) enroll with the department as a personal care assistant after clearing a background
study. Except as provided in subdivision 11a, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study on
the personal care assistant under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:

(i) not disqualified under section 245C.14; or

(ii) is disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;

(4) be able to effectively communicate with the recipient and personal care
assistance provider agency;

(5) be able to provide covered personal care assistance services according to the
recipient's personal care assistance care plan, respond appropriately to recipient needs,
and report changes in the recipient's condition to the supervising qualified professional
or physician;

(6) not be a consumer of personal care assistance services;

(7) maintain daily written records including, but not limited to, time sheets under
subdivision 12;

(8) effective January 1, 2010, complete standardized training as determined
by the commissioner before completing enrollment. The training must be available
in languages other than English and to those who need accommodations due to
disabilities. Personal care assistant training must include successful completion of the
following training components: basic first aid, vulnerable adult, child maltreatment,
OSHA universal precautions, basic roles and responsibilities of personal care assistants
including information about assistance with lifting and transfers for recipients, emergency
preparedness, orientation to positive behavioral practices, fraud issues, and completion of
time sheets. Upon completion of the training components, the personal care assistant must
demonstrate the competency to provide assistance to recipients;

(9) complete training and orientation on the needs of the recipient within the first
seven days after the services begin; and

(10) be limited to providing and being paid for up to 275 hours per month, except
that this limit shall be 275 hours per month for the period July 1, 2009, through June 30,
2011, of personal care assistance services regardless of the number of recipients being
served or the number of personal care assistance provider agencies enrolled with. The
number of hours worked per day shall not be disallowed by the department unless in
violation of the law.

(b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).

(c) Persons who do not qualify as a personal care assistant include parents and
stepparents of minors, spouses, paid legal guardians, family foster care providers, except
as otherwise allowed in section 256B.0625, subdivision 19a, or staff of a residential
setting. deleted text begin When the personal care assistant is a relative of the recipient, the commissioner
shall pay 80 percent of the provider rate. For purposes of this section, relative means the
parent or adoptive parent of an adult child, a sibling aged 16 years or older, an adult child,
a grandparent, or a grandchild.
deleted text end

new text begin This section is effective July 1, 2012.
new text end

Minnesota Statutes 2011 Supplement, section 256B.0659, subdivision 28,
is amended to read:

(a) Required documentation must be completed and kept in the personal care assistance
provider agency file or the recipient's home residence. The required documentation
consists of:

(1) employee files, including:

(i) applications for employment;

(ii) background study requests and results;

(iii) orientation records about the agency policies;

(iv) trainings completed with demonstration of competence;

(v) supervisory visits;

(vi) evaluations of employment; and

(vii) signature on fraud statement;

(2) recipient files, including:

(i) demographics;

(ii) emergency contact information and emergency backup plan;

(iii) personal care assistance service plan;

(iv) personal care assistance care plan;

(v) month-to-month service use plan;

(vi) all communication records;

(vii) start of service information, including the written agreement with recipient; and

(viii) date the home care bill of rights was given to the recipient;

(3) agency policy manual, including:

(i) policies for employment and termination;

(ii) grievance policies with resolution of consumer grievances;

(iii) staff and consumer safety;

(iv) staff misconduct; and

(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
resolution of consumer grievances;

(4) time sheets for each personal care assistant along with completed activity sheets
for each recipient served;new text begin and
new text end

(5) agency marketing and advertising materials and documentation of marketing
activities and costsdeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (6) for each personal care assistant, whether or not the personal care assistant is
providing care to a relative as defined in subdivision 11.
deleted text end

(b) The commissioner may assess a fine of up to $500 on provider agencies that do
not consistently comply with the requirements of this subdivision.

new text begin This section is effective July 1, 2012.
new text end

Minnesota Statutes 2011 Supplement, section 256B.49, subdivision 15,
is amended to read:

(a) Each recipient of home and community-based waivered
services shall be provided a copy of the written service plan which:

(1) is developed and signed by the recipient within ten working days of the
completion of the assessment;

(2) meets the assessed needs of the recipient;

(3) reasonably ensures the health and safety of the recipient;

(4) promotes independence;

(5) allows for services to be provided in the most integrated settings; and

(6) provides for an informed choice, as defined in section 256B.77, subdivision 2,
paragraph (p), of service and support providers.

(b) In developing the comprehensive transitional service plan, the individual
receiving services, the case manager, and the guardian, if applicable, will identify
the transitional service plan fundamental service outcome and anticipated timeline to
achieve this outcome. Within the first 20 days following a recipient's request for an
assessment or reassessment, the transitional service planning team must be identified. A
team leader must be identified who will be responsible for assigning responsibility and
communicating with team members to ensure implementation of the transition plan and
ongoing assessment and communication process. The team leader should be an individual,
such as the case manager or guardian, who has the opportunity to follow the recipient to
the next level of service.

Within ten days following an assessment, a comprehensive transitional service plan
must be developed incorporating elements of a comprehensive functional assessment and
including short-term measurable outcomes and timelines for achievement of and reporting
on these outcomes. Functional milestones must also be identified and reported according
to the timelines agreed upon by the transitional service planning team. In addition, the
comprehensive transitional service plan must identify additional supports that may assist
in the achievement of the fundamental service outcome such as the development of greater
natural community support, increased collaboration among agencies, and technological
supports.

The timelines for reporting on functional milestones will prompt a reassessment of
services provided, the units of services, rates, and appropriate service providers. It is
the responsibility of the transitional service planning team leader to review functional
milestone reporting to determine if the milestones are consistent with observable skills
and that milestone achievement prompts any needed changes to the comprehensive
transitional service plan.

For those whose fundamental transitional service outcome involves the need to
procure housing, a plan for the recipient to seek the resources necessary to secure the least
restrictive housing possible should be incorporated into the plan, including employment
and public supports such as housing access and shelter needy funding.

(c) Counties and other agencies responsible for funding community placement and
ongoing community supportive services are responsible for the implementation of the
comprehensive transitional service plans. Oversight responsibilities include both ensuring
effective transitional service delivery and efficient utilization of funding resources.

(d) Following one year of transitional services, the transitional services planning
team will make a determination as to whether or not the individual receiving services
requires the current level of continuous and consistent support in order to maintain the
recipient's current level of functioning. Recipients who are determined to have not had
a significant change in functioning for 12 months must move from a transitional to a
maintenance service plan. Recipients on a maintenance service plan must be reassessed
to determine if the recipient would benefit from a transitional service plan at least every
12 months and at other times when there has been a significant change in the recipient's
functioning. This assessment should consider any changes to technological or natural
community supports.

(e) When a county is evaluating denials, reductions, or terminations of home and
community-based services under section 256B.49 for an individual, the case manager
shall offer to meet with the individual or the individual's guardian in order to discuss the
prioritization of service needs within the individualized service plan, comprehensive
transitional service plan, or maintenance service plan. The reduction in the authorized
services for an individual due to changes in funding for waivered services may not exceed
the amount needed to ensure medically necessary services to meet the individual's health,
safety, and welfare.

(f) At the time of reassessment, local agency case managers shall assess each
recipient of community alternatives for disabled individuals or traumatic brain injury
waivered services currently residing in a licensed adult foster home that is not the primary
residence of the license holder, or in which the license holder is not the primary caregiver,
to determine if that recipient could appropriately be served in a community-living setting.
If appropriate for the recipient, the case manager shall offer the recipient, through a
person-centered planning process, the option to receive alternative housing and service
options. In the event that the recipient chooses to transfer from the adult foster home,
the vacated bed shall not be filled with another recipient of waiver services and group
residential housing, unless provided under section 245A.03, subdivision 7, paragraph (a),
clauses (3) and (4), and the new text begin statewide new text end licensed capacity shall be reduced accordingly. If
the adult foster home becomes no longer viable due to these transfers, the county agency,
with the assistance of the department, shall facilitate a consolidation of settings or closure.
This reassessment process shall be completed by June 30, deleted text begin 2012deleted text end new text begin 2013. The results of the
assessments will be used in the statewide needs determination process. Implementation of
the statewide licensed capacity reduction will begin on July 1, 2013new text end .

new text begin This section is effective the day following final enactment.
new text end

Minnesota Statutes 2011 Supplement, section 256B.69, subdivision 5c,
is amended to read:

(a) The commissioner of human
services shall transfer each year to the medical education and research fund established
under section 62J.692, deleted text begin an amount specified in this subdivision. The commissioner shall
calculatedeleted text end the following:

(1) an amount equal to the reduction in the prepaid medical assistance payments as
specified in this clause. Until January 1, 2002, the county medical assistance capitation
base rate prior to plan specific adjustments and after the regional rate adjustments under
subdivision 5b is reduced 6.3 percent for Hennepin County, two percent for the remaining
metropolitan counties, and no reduction for nonmetropolitan Minnesota counties; and after
January 1, 2002, the county medical assistance capitation base rate prior to plan specific
adjustments is reduced 6.3 percent for Hennepin County, two percent for the remaining
metropolitan counties, and 1.6 percent for nonmetropolitan Minnesota counties. Nursing
facility and elderly waiver payments and demonstration project payments operating
under subdivision 23 are excluded from this reduction. The amount calculated under
this clause shall not be adjusted for periods already paid due to subsequent changes to
the capitation payments;

(2) beginning July 1, 2003, $4,314,000 from the capitation rates paid under this
section;

(3) beginning July 1, 2002, an additional $12,700,000 from the capitation rates
paid under this section; and

(4) beginning July 1, 2003, an additional $4,700,000 from the capitation rates paid
under this section.

(b) This subdivision shall be effective upon approval of a federal waiver which
allows federal financial participation in the medical education and research fund. The
amount specified under paragraph (a), clauses (1) to (4), shall not exceed the total amount
transferred for fiscal year 2009. Any excess shall first reduce the amounts specified under
paragraph (a), clauses (2) to (4). Any excess following this reduction shall proportionally
reduce the amount specified under paragraph (a), clause (1).

(c) Beginning September 1, 2011, of the amount in paragraph (a), the commissioner
shall transfer $21,714,000 each fiscal year to the medical education and research fund.

(d) deleted text begin Beginning September 1, 2011,deleted text end Of the amount in paragraph (a)deleted text begin ,deleted text end new text begin andnew text end following
the transfer under paragraph (c), the commissioner shall transfer to the medical education
research fund $23,936,000 in fiscal deleted text begin yearsdeleted text end new text begin yearnew text end 2012 deleted text begin and 2013deleted text end and $36,744,000 in fiscal
year deleted text begin 2014 and thereafterdeleted text end new text begin 2013new text end .

new text begin This section is effective the day following final enactment.
new text end

Laws 2011, First Special Session chapter 9, article 7, section 52, is amended to
read:

The commissioner shall seek any necessary federal approval in order to implement
the changes to the level of care criteria in Minnesota Statutes, section 144.0724,
subdivision 11, onnew text begin or afternew text end July 1, 2012new text begin for adults and childrennew text end .

new text begin This section is effective the day following final enactment.
new text end

Laws 2011, First Special Session chapter 9, article 7, section 54, is amended to
read:

(a) Notwithstanding any other rate reduction in this article, the commissioner of
human services shall decrease grants, allocations, reimbursement rates, individual limits,
and rate limits, as applicable, by 1.67 percent effective July 1, 2012, for services rendered
on or after those dates. County or tribal contracts for services specified in this section must
be amended to pass through these rate reductions within 60 days of the effective date of
the decrease, and must be retroactive from the effective date of the rate decrease.

(b) The rate changes described in this section must be provided to:

(1) home and community-based waivered services for persons with developmental
disabilities or related conditions, including consumer-directed community supports, under
Minnesota Statutes, section 256B.501;

(2) home and community-based waivered services for the elderly, including
consumer-directed community supports, under Minnesota Statutes, section 256B.0915;

(3) waivered services under community alternatives for disabled individuals,
including consumer-directed community supports, under Minnesota Statutes, section
256B.49;

(4) community alternative care waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;

(5) traumatic brain injury waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;

(6) nursing services and home health services under Minnesota Statutes, section
256B.0625, subdivision 6a;

(7) personal care services and qualified professional supervision of personal care
services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;

(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
subdivision 7;

(9) day training and habilitation services for adults with developmental disabilities
or related conditions, under Minnesota Statutes, sections 252.40 to 252.46, including the
additional cost of rate adjustments on day training and habilitation services, provided as a
social service under Minnesota Statutes, section 256M.60; and

(10) alternative care services under Minnesota Statutes, section 256B.0913.

(c) A managed care plan receiving state payments for the services in this section
must include these decreases in their payments to providers. To implement the rate
reductions in this section, capitation rates paid by the commissioner to managed care
organizations under Minnesota Statutes, section 256B.69, shall reflect a deleted text begin 2.34deleted text end new text begin 3.34new text end percent
reduction for the specified services for the period of January 1, 2013, through June 30,
2013, and a 1.67 percent reduction for those services on and after July 1, 2013.

The above payment rate reduction, allocation rates, and rate limits shall expire for
services rendered on December 31, 2013.

new text begin (d) If the federal approval required under Laws 2011, First Special Session chapter
9, article 7, section 52, is obtained after June 30, 2012, on the first day of the month that
is 60 days after receipt of federal approval, the commissioner of human services shall
increase payment rates for grants, allocations, reimbursement rates, individual limits, and
rate limits by 1.67 percent for those programs and services that received a rate reduction
under this section or under Minnesota Statutes, section 256B.5012, subdivision 13.
new text end

new text begin (e) If the federal approval required under Laws 2011, First Special Session chapter
9, article 7, section 52, is obtained after June 30, 2012, but before the 2013 managed care
contracts are finalized, the commissioner of human services shall adjust the capitation for
the period January 1, 2013, through June 30, 2013, based on the date the approval is
obtained and shall not impose the 1.67 percent rate reduction under paragraph (c) on or
after July 1, 2013.
new text end

new text begin (f) If the federal approval required under Laws 2011, First Special Session chapter
9, article 7, section 52, is obtained after the 2013 managed care contracts are finalized,
the commissioner of human services shall amend managed care contracts to increase the
capitation to provide for a 1.67 percent increase to providers that received a decrease
under paragraph (c). This capitation increase is effective on the first day of the month that
is 60 days after receipt of federal approval.
new text end

new text begin This section is effective July 1, 2012, if the federal approval
required under section 11 has not been obtained by June 30, 2012.
new text end

Laws 2011, First Special Session chapter 9, article 10, section 3, subdivision
3, is amended to read:

The amounts that may be spent from this
appropriation for each purpose are as follows:

(a) MFIP/DWP Grants

Appropriations by Fund
General	84,680,000	91,978,000
Federal TANF	84,425,000	75,417,000

(b) MFIP Child Care Assistance Grants

55,456,000

30,923,000

(c) General Assistance Grants

49,192,000

46,938,000

General Assistance Standard. The
commissioner shall set the monthly standard
of assistance for general assistance units
consisting of an adult recipient who is
childless and unmarried or living apart
from parents or a legal guardian at $203.
The commissioner may reduce this amount
according to Laws 1997, chapter 85, article
3, section 54.

Emergency General Assistance. The
amount appropriated for emergency general
assistance funds is limited to no more
than $6,689,812 in fiscal year 2012 and
$6,729,812 in fiscal year 2013. Funds
to counties shall be allocated by the
commissioner using the allocation method
specified in Minnesota Statutes, section
256D.06.

(d) Minnesota Supplemental Aid Grants

38,095,000

39,120,000

(e) Group Residential Housing Grants

121,080,000

129,238,000

(f) MinnesotaCare Grants

295,046,000

317,272,000

This appropriation is from the health care
access fund.

(g) Medical Assistance Grants

4,501,582,000

4,437,282,000

Managed Care Incentive Payments. The
commissioner shall not make managed care
incentive payments for expanding preventive
services during fiscal years beginning July 1,
2011, and July 1, 2012.

Reduction of Rates for Congregate
Living for Individuals with Lower Needs.
Beginning October 1, 2011, lead agencies
must reduce rates in effect on January 1,
2011, by deleted text begin tendeleted text end new text begin up to fivenew text end percent for individuals
with lower needs living in foster care settings
where the license holder does not share
the residence with recipients on the CADI
and DD waivers and customized living
settings for CADI. Lead agencies must adjust
contracts within 60 days of the effective date.

Reduction of Lead Agency Waiver
Allocations to Implement Rate Reductions
for Congregate Living for Individuals
with Lower Needs. Beginning October 1,
2011, the commissioner shall reduce lead
agency waiver allocations to implement the
reduction of rates for individuals with lower
needs living in foster care settings where the
license holder does not share the residence
with recipients on the CADI and DD waivers
and customized living settings for CADI.

Reduce customized living and 24-hour
customized living component rates.
Effective July 1, 2011, the commissioner
shall reduce elderly waiver customized living
and 24-hour customized living component
service spending by five percent through
reductions in component rates and service
rate limits. The commissioner shall adjust
the elderly waiver capitation payment
rates for managed care organizations paid
under Minnesota Statutes, section 256B.69,
subdivisions 6a and 23, to reflect reductions
in component spending for customized living
services and 24-hour customized living
services under Minnesota Statutes, section
256B.0915, subdivisions 3e and 3h, for the
contract period beginning January 1, 2012.
To implement the reduction specified in
this provision, capitation rates paid by the
commissioner to managed care organizations
under Minnesota Statutes, section 256B.69,
shall reflect a ten percent reduction for the
specified services for the period January 1,
2012, to June 30, 2012, and a five percent
reduction for those services on or after July
1, 2012.

Limit Growth in the Developmental
Disability Waiver. The commissioner
shall limit growth in the developmental
disability waiver to six diversion allocations
per month beginning July 1, 2011, through
June 30, 2013, and 15 diversion allocations
per month beginning July 1, 2013, through
June 30, 2015. Waiver allocations shall
be targeted to individuals who meet the
priorities for accessing waiver services
identified in Minnesota Statutes, 256B.092,
subdivision 12. The limits do not include
conversions from intermediate care facilities
for persons with developmental disabilities.
Notwithstanding any contrary provisions in
this article, this paragraph expires June 30,
2015.

Limit Growth in the Community
Alternatives for Disabled Individuals
Waiver. The commissioner shall limit
growth in the community alternatives for
disabled individuals waiver to 60 allocations
per month beginning July 1, 2011, through
June 30, 2013, and 85 allocations per
month beginning July 1, 2013, through
June 30, 2015. Waiver allocations must
be targeted to individuals who meet the
priorities for accessing waiver services
identified in Minnesota Statutes, section
256B.49, subdivision 11a. The limits include
conversions and diversions, unless the
commissioner has approved a plan to convert
funding due to the closure or downsizing
of a residential facility or nursing facility
to serve directly affected individuals on
the community alternatives for disabled
individuals waiver. Notwithstanding any
contrary provisions in this article, this
paragraph expires June 30, 2015.

deleted text begin Personal Care Assistance Relative
Care. The commissioner shall adjust the
capitation payment rates for managed care
organizations paid under Minnesota Statutes,
section 256B.69, to reflect the rate reductions
for personal care assistance provided by
a relative pursuant to Minnesota Statutes,
section 256B.0659, subdivision 11.
deleted text end

(h) Alternative Care Grants

46,421,000

46,035,000

Alternative Care Transfer. Any money
allocated to the alternative care program that
is not spent for the purposes indicated does
not cancel but shall be transferred to the
medical assistance account.

(i) Chemical Dependency Entitlement Grants

94,675,000

93,298,000

new text begin This section is effective July 1, 2012.
new text end

new text begin Notwithstanding Laws 2011, First Special Session chapter 9, article 10, section 3,
subdivision 4, paragraph (k), the fiscal year 2012 appropriation for grants for housing
access services shall be available in fiscal year 2013 for the same purposes.
new text end

new text begin This section is effective the day following final enactment.
new text end

		new text begin 2012 new text end		new text begin 2013 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 1,284,000 new text end	new text begin $ new text end	new text begin 26,941,000 new text end	new text begin $ new text end	new text begin 28,225,000 new text end
new text begin State Government Special Revenue new text end		new text begin -0- new text end		new text begin 638,000 new text end		new text begin 638,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 1,284,000 new text end	new text begin $ new text end	new text begin 27,579,000 new text end	new text begin $ new text end	new text begin 28,863,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2012 new text end	new text begin 2013 new text end
new text begin General new text end	new text begin 1,284,000 new text end	new text begin 26,378,000 new text end
new text begin State Government Special Revenue new text end	new text begin -0- new text end	new text begin 638,000 new text end

new text begin (a) Operations new text end
new text begin Appropriations by Fund new text end
	new text begin 2012 new text end	new text begin 2013 new text end
new text begin General new text end	new text begin 107,000 new text end	new text begin 6,000 new text end
new text begin State Government Special Revenue new text end	new text begin -0- new text end	new text begin 638,000 new text end

new text begin APPROPRIATIONS
new text end

new text begin Available for the Year
new text end

new text begin Ending June 30
new text end

new text begin 2012
new text end

new text begin 2013
new text end