HF 163

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 05:33pm

A bill for an act
relating to human services; establishing a parenting with a disability support
services pilot project; requiring a report; appropriating money.

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

Section 1. new text begin PARENTING WITH A DISABILITY; SUPPORT SERVICES; PILOT
PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The commissioner of human services shall establish a pilot
project to assist parents with disabilities in childrearing tasks. The purpose of this pilot
project is to assist a parent with a disability in childrearing tasks and to prevent removal of
a child from a parent solely because the parent has a disability.
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 definitions in Minnesota
Statutes, section 256B.0659, subdivision 1, apply except for the following terms that have
the meanings given them in this subdivision.
new text end

new text begin (b) "Adaptive parenting equipment" means a piece of equipment that increases, extends,
or improves the parenting capabilities of a parent with a disability.
new text end

new text begin (c) "Child" means a person under 18 years of age.
new text end

new text begin (d) "Childrearing task" means a task that assists a parent with a disability to care for a
child. Childrearing task includes, but is not limited to: lifting and carrying the child,
organizing supplies for the child, preparing meals for the child, washing clothing and bedding
for the child, bathing the child, childproofing the home that the parent and child live in, and
assisting with transporting the child.
new text end

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

new text begin (f) "Parent" means a child's biological, foster, or adoptive parent or legal guardian who
is legally obligated to care for and support that child.
new text end

new text begin (g) "Person with a disability" means an individual who has a physical, mental, or
psychological impairment or dysfunction that limits independent functioning in the family,
community, or employment.
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new text begin (h) "Supportive parenting service" means a service that (1) helps a parent with a disability
compensate for aspects of the parent's disability that affect the parent's ability to care for
the child, and (2) enables the parent to complete parental responsibilities, including
childrearing tasks. Supportive parenting service does not include disciplining the parent's
child.
new text end

new text begin Subd. 3. new text end

new text begin Personal care assistance services; covered services. new text end

new text begin (a) If a parent is eligible
for and receiving personal care assistance services through medical assistance under
Minnesota Statutes, section 256B.0659, the parent is eligible to receive personal care
assistance services for supportive parenting services under this section. A parent must use
one personal care assistant (PCA) under this section at a time, regardless of the parent's
number of children. Supportive parenting services provided under this section are services
for the parent and not the child.
new text end

new text begin (b) Supportive parenting services must be provided by a different PCA than the PCA
providing medical assistance personal care assistance services under Minnesota Statutes,
section 256B.0659. The PCA providing supportive parenting services under this section
must not perform medical assistance personal care assistance services. The PCA providing
medical assistance personal care assistance services and the PCA providing supportive
parenting services may be scheduled to support the parent at the same time.
new text end

new text begin (c) Supportive parenting services under this section must not replace medical assistance
personal care assistance services under Minnesota Statutes, section 256B.0659. Supportive
parenting services under this section do not count toward a parent's 275 hours per month
of medical assistance personal care assistance under Minnesota Statutes, section 256B.0659,
subdivision 11, paragraph (a), clause (10).
new text end

new text begin (d) A parent's supportive parenting services shall be limited to 40 hours per month.
new text end

new text begin (e) If the commissioner deems necessary, the commissioner shall develop standards and
training requirements for a provider providing supportive parenting services under this
subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Adaptive parenting equipment. new text end

new text begin A parent eligible for PCA services under
subdivision 3 is also eligible to receive adaptive parenting equipment. The commissioner
shall develop a process for a parent to apply for adaptive parenting equipment. The process
shall include an evaluation of the parent's adaptive parenting equipment needs.
new text end

new text begin Subd. 5. new text end

new text begin Grants. new text end

new text begin (a) The commissioner, in consultation with the advisory committee
described in subdivision 7, shall develop an application process for and award two-year
state-funded grants to personal care assistance provider agencies to provide services in
subdivision 3. A grant applicant must be an approved personal care assistance provider
agency as defined in Minnesota Statutes, section 256B.0659, subdivision 1, paragraph (l).
new text end

new text begin (b) The grantee shall bill the department on forms provided by and in a manner prescribed
by the commissioner. The commissioner shall pay a provider under this section at the same
rates provided for services under Minnesota Statutes, section 256B.0659.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin Within six months after the pilot project has concluded, or by January
1, 2022, whichever is earlier, the commissioner of human services, in consultation with the
advisory committee, must submit a report on the pilot project to the chairs and ranking
members of the legislative committees having jurisdiction over health and human services
policy and finance. At a minimum, the report must address the following items:
new text end

new text begin (1) the total number of parents that were provided services through the pilot project;
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new text begin (2) an analysis of the efficacy of the pilot project;
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new text begin (3) the total cost of developing the services provided under the pilot project;
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new text begin (4) proposed legislative changes to expand the pilot project; and
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new text begin (5) any other information that the commissioner deems necessary.
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new text begin Subd. 7. new text end

new text begin Advisory Committee. new text end

new text begin (a) The Parenting with a Disability Advisory Committee
is established according to Minnesota Statutes, section 15.059.
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new text begin (b) The Parenting with a Disability Advisory Committee shall consist, at a minimum,
of the following members:
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new text begin (1) four public members, as defined in Minnesota Statutes, section 645.44, subdivision
5a. The public members shall be either parents with disabilities or caregivers to such persons,
appointed by the commissioner of human services;
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new text begin (2) two members who are personal care assistance providers, appointed by the
commissioner of human services;
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new text begin (3) two members of the senate, one member appointed by the senate majority leader and
one member appointed by the senate minority leader; and
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new text begin (4) two members of the house of representatives, one member appointed by the speaker
of the house and one member appointed by the house of representatives minority leader.
new text end

new text begin (c) The committee shall elect a chair from among its members.
new text end

new text begin (d) A committee member may not vote on a decision of the committee in which the
member has either a direct or indirect personal financial interest.
new text end

new text begin (e) The advisory committee duties shall, at a minimum, include:
new text end

new text begin (1) advising the commissioner regarding methods to expand and improve the efficiency
of services for parents with a disability; and
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new text begin (2) assisting with the report required in subdivision 6, including proposing legislative
changes.
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new text begin Subd. 8. new text end

new text begin Appropriation. new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund
to the commissioner of human services to pay for the costs of establishing and administering
the pilot project under this section. This is a onetime appropriation. The unencumbered
balance in the first year does not cancel but is available the second year.
new text end

Sec. 2. new text begin FEDERAL WAIVER APPROVAL.
new text end

new text begin The commissioner shall seek all necessary federal waivers, amendments to the state
plan, and approval from the Centers for Medicare and Medicaid Services to expand the
parenting with a disability support services pilot project under section 1.
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new text begin EFFECTIVE DATE. new text end

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