HF 865

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/20/2017 03:41pm

A bill for an act
relating to human services; creating housing support services; modifying certain
general assistance provisions governing special needs of recipients; requiring the
commissioner of human services to seek necessary federal waivers; amending
Minnesota Statutes 2016, section 256D.44, subdivision 5; proposing coding for
new law in Minnesota Statutes, chapter 256B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [256B.051] HOUSING SUPPORT SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin Housing support services are established to provide housing
support services to an individual with a disability that limits the individual's ability to obtain
or maintain stable housing. The services support an individual's transition to housing in the
community and increases long-term stability in housing, to avoid future periods of being
at-risk of homelessness or institutionalization.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "At-risk of homelessness" means (1) an individual that is faced with a set of
circumstances likely to cause the individual to become homeless, or (2) an individual
previously homeless, who will be discharged from a correctional, medical, mental health,
or treatment center, who lacks sufficient resources to pay for housing and does not have a
permanent place to live.
new text end

new text begin (c) "Commissioner" means the commissioner of human services.
new text end

new text begin (d) "Homeless" means an individual or family lacking a fixed, adequate nighttime
residence.
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new text begin (e) "Individual with a disability" means:
new text end

new text begin (1) an individual who is aged, blind, or disabled as determined by the criteria used by
the title 11 program of the Social Security Act, United States Code, title 42, section 416,
paragraph (i), item (1); or
new text end

new text begin (2) an individual who meets a category of eligibility under section 256D.05, subdivision
1, paragraph (a), clauses (1), (3), (5) to (9), or (14).
new text end

new text begin (f) "Institution" means a setting as defined in section 256B.0621, subdivision 2, clause
(3), and the Minnesota Security Hospital as defined in section 253.20.
new text end

new text begin (g) "Segregated setting" means:
new text end

new text begin (1) a registered housing with services establishment under chapter 144D;
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new text begin (2) a licensed board and lodge facility;
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new text begin (3) a licensed boarding care facility;
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new text begin (4) a licensed adult foster care;
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new text begin (5) intensive residential treatment (IRTs); or
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new text begin (6) a supervised living facility.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin An individual with a disability is eligible for housing support services
if the individual:
new text end

new text begin (1) is 18 years of age or older;
new text end

new text begin (2) is enrolled in medical assistance;
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new text begin (3) has an assessment of functional need that determines a need for services due to
limitations caused by the individual's disability;
new text end

new text begin (4) resides in or plans to transition to a community-based setting as defined in Code of
Federal Regulations, title 42, section 441.301(c); and
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new text begin (5) has housing instability evidenced by:
new text end

new text begin (i) being homeless or at-risk of homelessness;
new text end

new text begin (ii) being in the process of transitioning from, or having transitioned in the past six
months from, an institution or segregated setting;
new text end

new text begin (iii) being eligible for waiver services under section 256B.0915, 256B.092, or 256B.49;
or
new text end

new text begin (iv) having been identified by a long-term care consultation under section 256B.0911
as at risk of institutionalization.
new text end

new text begin Subd. 4. new text end

new text begin Assessment requirements. new text end

new text begin (a) An individual's assessment of functional need
must be conducted by one of the following methods:
new text end

new text begin (1) a certified assessor according to the criteria established in section 256B.0911,
subdivision 3a, using a format established by the commissioner;
new text end

new text begin (2) documented need for services as verified by a professional statement of need as
defined in section 256I.03, subdivision 12; or
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new text begin (3) according to the continuum of care coordinated assessment system established in
Code of Federal Regulations, title 24, section 578.3, using a format established by the
commissioner.
new text end

new text begin (b) An individual must be reassessed within one year of initial assessment, and annually
thereafter.
new text end

new text begin Subd. 5. new text end

new text begin Housing support services. new text end

new text begin (a) Housing support services include housing
transition services and housing and tenancy sustaining services.
new text end

new text begin (b) Housing transition services are defined as:
new text end

new text begin (1) tenant screening and housing assessment;
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new text begin (2) assistance with the housing search and application process;
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new text begin (3) identifying resources to cover one-time moving expenses;
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new text begin (4) ensuring a new living arrangement is safe and ready for move-in;
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new text begin (5) assisting in arranging for and supporting details of a move; and
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new text begin (6) developing a housing support crisis plan.
new text end

new text begin (c) Housing and tenancy sustaining services include:
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new text begin (1) prevention and early identification of behaviors that may jeopardize continued stable
housing;
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new text begin (2) education and training on roles, rights, and responsibilities of the tenant and the
property manager;
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new text begin (3) coaching to develop and maintain key relationships with property managers and
neighbors;
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new text begin (4) advocacy and referral to community resources to prevent eviction when housing is
at risk;
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new text begin (5) assistance with housing recertification process;
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new text begin (6) coordination with the tenant to regularly review, update, and modify housing support
and crisis plan; and
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new text begin (7) continuing training on being a good tenant, lease compliance, and household
management.
new text end

new text begin (d) A housing support service may include person-centered planning for people who are
not eligible to receive person-centered planning through any other service, if the
person-centered planning is provided by a consultation service provider that is under contract
with the department and enrolled as a Minnesota health care program.
new text end

new text begin Subd. 6. new text end

new text begin Provider qualifications and duties. new text end

new text begin A provider eligible for reimbursement
under this section shall:
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new text begin (1) enroll as a medical assistance Minnesota health care program provider and meet all
applicable provider standards and requirements;
new text end

new text begin (2) demonstrate compliance with federal and state laws and policies for housing support
services as determined by the commissioner;
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new text begin (3) comply with background study requirements under chapter 245C and maintain
documentation of background study requests and results; and
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new text begin (4) directly provide housing support services and not use a subcontractor or reporting
agent.
new text end

new text begin Subd. 7. new text end

new text begin Housing support supplemental service rates. new text end

new text begin Supplemental service rates for
individuals in settings according to sections 144D.025, 256I.04, subdivision 3, paragraph
(a), clause (3), and 256I.05, subdivision 1g, shall be reduced by one-half over a two-year
period. This reduction only applies to supplemental service rates for individuals eligible for
housing support services under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin (a) Subdivisions 1 to 6 are contingent upon federal approval and
not effective until nine months after federal approval is obtained. The commissioner of
human services shall notify the revisor of statutes when federal approval is obtained.
new text end

new text begin (b) Subdivision 7 is contingent upon federal approval of subdivisions 1 to 6 and not
effective until ten months after federal approval is obtained. The commissioner of human
services shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 2.

Minnesota Statutes 2016, section 256D.44, subdivision 5, is amended to read:

Subd. 5.

Special needs.

In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.

(a) The county agency shall pay a monthly allowance for medically prescribed diets if
the cost of those additional dietary needs cannot be met through some other maintenance
benefit. The need for special diets or dietary items must be prescribed by a licensed physician.
Costs for special diets shall be determined as percentages of the allotment for a one-person
household under the thrifty food plan as defined by the United States Department of
Agriculture. The types of diets and the percentages of the thrifty food plan that are covered
are as follows:

(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;

(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent of
thrifty food plan;

(3) controlled protein diet, less than 40 grams and requires special products, 125 percent
of thrifty food plan;

(4) low cholesterol diet, 25 percent of thrifty food plan;

(5) high residue diet, 20 percent of thrifty food plan;

(6) pregnancy and lactation diet, 35 percent of thrifty food plan;

(7) gluten-free diet, 25 percent of thrifty food plan;

(8) lactose-free diet, 25 percent of thrifty food plan;

(9) antidumping diet, 15 percent of thrifty food plan;

(10) hypoglycemic diet, 15 percent of thrifty food plan; or

(11) ketogenic diet, 25 percent of thrifty food plan.

(b) Payment for nonrecurring special needs must be allowed for necessary home repairs
or necessary repairs or replacement of household furniture and appliances using the payment
standard of the AFDC program in effect on July 16, 1996, for these expenses, as long as
other funding sources are not available.

(c) A fee for guardian or conservator service is allowed at a reasonable rate negotiated
by the county or approved by the court. This rate shall not exceed five percent of the
assistance unit's gross monthly income up to a maximum of $100 per month. If the guardian
or conservator is a member of the county agency staff, no fee is allowed.

(d) The county agency shall continue to pay a monthly allowance of $68 for restaurant
meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and
who eats two or more meals in a restaurant daily. The allowance must continue until the
person has not received Minnesota supplemental aid for one full calendar month or until
the person's living arrangement changes and the person no longer meets the criteria for the
restaurant meal allowance, whichever occurs first.

(e) A fee of ten percent of the recipient's gross income or $25, whichever is less, is
allowed for representative payee services provided by an agency that meets the requirements
under SSI regulations to charge a fee for representative payee services. This special need
is available to all recipients of Minnesota supplemental aid regardless of their living
arrangement.

(f)(1) Notwithstanding the language in this subdivision, an amount equal to new text begin one-half of
new text end the maximum deleted text begin allotment authorized by the federal Food Stamp Program deleted text end new text begin federal Supplemental
Security Income payment amount new text end for a single individual which is in effect on the first day
of July of each year will be added to the standards of assistance established in subdivisions
1 to 4 for adults under the age of 65 who qualify as shelter needy and are: (i) relocating
from an institution, new text begin a group residential housing, new text end or an adult mental health residential treatment
program under section 256B.0622; or (ii) home and community-based waiver recipients
living in their own home or rented or leased apartment deleted text begin which is not owned, operated, or
controlled by a provider of service not related by blood or marriage, unless allowed under
paragraph (g) deleted text end .

(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the shelter
needy benefit under this paragraph is considered a household of one. An eligible individual
who receives this benefit prior to age 65 may continue to receive the benefit after the age
of 65.

(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that exceed
40 percent of the assistance unit's gross income before the application of this special needs
standard. "Gross income" for the purposes of this section is the applicant's or recipient's
income as defined in section 256D.35, subdivision 10, or the standard specified in subdivision
3, paragraph (a) or (b), whichever is greater. A recipient of a federal or state housing subsidy,
that limits shelter costs to a percentage of gross income, shall not be considered shelter
needy for purposes of this paragraph.

deleted text begin (g) Notwithstanding this subdivision, to access housing and services as provided in
paragraph (f), the recipient may choose housing that may be owned, operated, or controlled
by the recipient's service provider. When housing is controlled by the service provider, the
individual may choose the individual's own service provider as provided in section 256B.49,
subdivision 23, clause (3). When the housing is controlled by the service provider, the
service provider shall implement a plan with the recipient to transition the lease to the
recipient's name. Within two years of signing the initial lease, the service provider shall
transfer the lease entered into under this subdivision to the recipient. In the event the landlord
denies this transfer, the commissioner may approve an exception within sufficient time to
ensure the continued occupancy by the recipient. This paragraph expires June 30, 2016.
deleted text end

Sec. 3. new text begin FEDERAL WAIVER.
new text end

new text begin The commissioner of human services shall seek necessary federal waiver authority to
implement the housing support services program under Minnesota Statutes, section 256B.051.
new text end

new text begin EFFECTIVE DATE. new text end

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