HF 351

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:36am

A bill for an act
relating to human services; providing long-term care provider rate increases;
amending Minnesota Statutes 2008, sections 256B.441, by adding a subdivision;
256B.5012, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 256B.441, is amended by adding a
subdivision to read:

new text begin Subd. 59. new text end

new text begin Rate increases for October 1, 2009, and October 1, 2010. new text end

new text begin (a) For the
rate years beginning October 1, 2009, and October 1, 2010, the commissioner shall make
available to each nursing facility reimbursed under this section an adjustment equal to
three percent of the total operating payment rate. These adjustments shall be applied after
the rebasing adjustment provided under subdivision 55.
new text end

new text begin (b) Seventy-five percent of the money resulting from the rate adjustment under
paragraph (a) must be used to increase wages and benefits and pay associated costs
for all employees, except management fees, the administrator, and central office staff.
Seventy-five percent of the money received by a facility as a result of the rate adjustment
provided in paragraph (a) must be used only for wage and benefit increases and payment
of associated costs, implemented on or after the effective date of the rate increase each
year, and must not be used for increases implemented prior to that date.
new text end

new text begin (c) Nursing facilities may apply for the portion of the rate adjustment under
paragraph (a) for employee wages and benefits and associated costs. The application
must be made to the commissioner and contain a plan by which the nursing facility
will distribute the funds according to paragraph (b). For nursing facilities in which the
employees are represented by an exclusive bargaining representative, an agreement
negotiated and agreed to by the employer and the exclusive bargaining representative
constitutes the plan. The commissioner shall not review and shall not require changes
to the portion or portions of the plan covered by collective bargaining agreements. A
negotiated agreement may constitute the plan only if the agreement is finalized after the
date of enactment of all increases for the rate year and signed by both parties prior to
submission to the commissioner. The commissioner shall review the plan to ensure that
the rate adjustments are used as provided in paragraph (b). To be eligible, a facility must
submit its distribution plan by March 31, 2010, and March 31, 2011, respectively. The
commissioner may approve distribution plans on or before June 30, 2010, and June 30,
2011, respectively. If a facility's distribution plan is effective after the first day of the
applicable rate period that the funds are available, the rate adjustments are effective the
same date as the facility's plan.
new text end

new text begin (d) A copy of the approved distribution plan must be made available to all employees
by giving each employee a copy or by posting a copy in an area of the nursing facility
to which all employees have access. If an employee does not receive the wage and
benefit adjustment described in the facility's approved plan and is unable to resolve the
problem with the facility's management or through the employee's union representative,
the employee may contact the commissioner at an address or telephone number provided
by the commissioner and included in the approved plan.
new text end

Sec. 2.

Minnesota Statutes 2008, section 256B.5012, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin ICF/MR rate increases October 1, 2009, and October 1, 2010. new text end

new text begin (a) For
the rate periods beginning October 1, 2009, and October 1, 2010, the commissioner shall
make available to each facility reimbursed under this section an adjustment to the total
operating payment rate of three percent.
new text end

new text begin (b) Seventy-five percent of the money resulting from the rate adjustment under
paragraph (a) must be used to increase wages and benefits and pay associated costs for
employees, except for administrative and central office employees. Seventy-five percent
of the money received by a facility as a result of the rate adjustment provided in paragraph
(a) must be used only for wage, benefit, and staff increases implemented on or after
the effective date of the rate increase each year, and must not be used for increases
implemented prior to that date. The wage adjustment eligible employees may receive may
vary based on merit, seniority, or other factors determined by the provider.
new text end

new text begin (c) For each facility, the commissioner shall make available an adjustment, based
on occupied beds, using the percentage specified in paragraph (a) multiplied by the total
payment rate, including variable rate but excluding the property-related payment rate, in
effect on the preceding day. The total payment rate must include the adjustment provided
in section 256B.501, subdivision 12.
new text end

new text begin (d) A facility whose payment rates are governed by closure agreements, receivership
agreements, or Minnesota Rules, part 9553.0075, is not eligible for an adjustment
otherwise granted under this subdivision.
new text end

new text begin (e) A facility may apply for the portion of the payment rate adjustment provided
under paragraph (a) for employee wages and benefits and associated costs. The application
must be made to the commissioner and contain a plan by which the facility will distribute
the funds according to paragraph (b). For facilities in which the employees are represented
by an exclusive bargaining representative, an agreement negotiated and agreed to by
the employer and the exclusive bargaining representative constitutes the plan. The
commissioner shall not review, and shall not require changes, to the portion or portions
of the plan covered by collective bargaining agreements. A negotiated agreement may
constitute the plan only if the agreement is finalized after the date of enactment of all rate
increases for the rate year. The commissioner shall review the plan to ensure that the
payment rate adjustment per diem is used as provided in this subdivision. To be eligible,
a facility must submit its plan by March 31, 2010, and March 31, 2011, respectively. If
a facility's plan is effective for its employees after the first day of the applicable rate
period that the funds are available, the payment rate adjustment per diem is effective
the same date as its plan.
new text end

new text begin (f) A copy of the approved distribution plan must be made available to all employees
by giving each employee a copy or by posting it in an area of the facility to which all
employees have access. If an employee does not receive the wage and benefit adjustment
described in the facility's approved plan and is unable to resolve the problem with the
facility's management or through the employee's union representative, the employee
may contact the commissioner at an address or telephone number provided by the
commissioner and included in the approved plan.
new text end

Sec. 3. new text begin COMMUNITY SERVICES PROVIDER RATE INCREASES.
new text end

new text begin (a) The commissioner of human services shall increase reimbursement rates or rate
limits, as applicable, by three percent for the rate period beginning October 1, 2009, and
the rate period beginning October 1, 2010, effective for services rendered on or after
those dates.
new text end

new text begin (b) The three percent annual rate increase described in this section must be provided
to:
new text end

new text begin (1) home and community-based waivered services for persons with developmental
disabilities or related conditions under Minnesota Statutes, section 256B.501;
new text end

new text begin (2) home and community-based waivered services for the elderly under Minnesota
Statutes, section 256B.0915;
new text end

new text begin (3) waivered services under community alternatives for disabled individuals under
Minnesota Statutes, section 256B.49;
new text end

new text begin (4) community alternative care waivered services under Minnesota Statutes, section
256B.49;
new text end

new text begin (5) traumatic brain injury waivered services under Minnesota Statutes, section
256B.49;
new text end

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

new text begin (7) personal care services and nursing supervision of personal care services under
Minnesota Statutes, section 256B.0625, subdivision 19a;
new text end

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

new text begin (9) day training and habilitation services for adults with developmental disabilities
or related conditions under Minnesota Statutes, sections 252.40 to 252.46;
new text end

new text begin (10) alternative care services under Minnesota Statutes, section 256B.0913;
new text end

new text begin (11) adult residential program grants under Minnesota Statutes, section 245.73;
new text end

new text begin (12) adult and children's mental health grants under Minnesota Rules, parts
9535.1700 to 9535.1760;
new text end

new text begin (13) the group residential housing supplementary service rate under Minnesota
Statutes, section 256I.05, subdivision 1a;
new text end

new text begin (14) adult mental health integrated fund grants under Minnesota Statutes, section
245.4661;
new text end

new text begin (15) semi-independent living services (SILS) under Minnesota Statutes, section
252.275, including SILS funding under county social services grants formerly funded
under Minnesota Statutes, chapter 256I;
new text end

new text begin (16) community support services for deaf and hard-of-hearing adults with mental
illness who use or wish to use sign language as their primary means of communication
under Minnesota Statutes, section 256.01, subdivision 2;
new text end

new text begin (17) living skills training programs for persons with intractable epilepsy who need
assistance in the transition to independent living under Laws 1988, chapter 689;
new text end

new text begin (18) physical therapy services under Minnesota Statutes, sections 256B.0625,
subdivision 8, and 256D.03, subdivision 4;
new text end

new text begin (19) occupational therapy services under Minnesota Statutes, sections 256B.0625,
subdivision 8a, and 256D.03, subdivision 4;
new text end

new text begin (20) speech-language therapy services under Minnesota Statutes, section 256D.03,
subdivision 4, and Minnesota Rules, part 9505.0390;
new text end

new text begin (21) respiratory therapy services under Minnesota Statutes, section 256D.03,
subdivision 4, and Minnesota Rules, part 9505.0295;
new text end

new text begin (22) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917,
and 256B.0928;
new text end

new text begin (23) deaf and hard-of-hearing grants under Minnesota Statutes, sections 256C.233;
256C.25; Laws 1985, chapter 9; and Laws 1997, First Special Session chapter 5, section
20;
new text end

new text begin (24) children's therapeutic services and supports under Minnesota Statutes, section
256B.0943;
new text end

new text begin (25) tier I chemical health services under Minnesota Statutes, chapter 254B;
new text end

new text begin (26) consumer support grants under Minnesota Statutes, section 256.476;
new text end

new text begin (27) family support grants under Minnesota Statutes, section 252.32;
new text end

new text begin (28) continuation coverage for AIDS patients under Minnesota Statutes, section
256.9365; and
new text end

new text begin (29) prepayment demonstration project under Minnesota Statutes, section 256B.69.
new text end

new text begin (c) Providers that receive a rate increase under this section shall use 75 percent of
the additional revenue to increase wages and benefits and pay associated costs for all
employees, except for management fees, the administrator, and central office staff.
new text end

new text begin (d) For public employees, the increase for wages and benefits for certain staff is
available and pay rates must be increased only to the extent that they comply with laws
governing public employees' collective bargaining. Money received by a provider for pay
increases under this section may be used only for increases implemented on or after the
first day of the rate period in which the increase is available and must not be used for
increases implemented prior to that date.
new text end

new text begin (e) A copy of the provider's plan for complying with paragraph (c) must be made
available to all employees by giving each employee a copy or by posting a copy in an area
of the provider's operation to which all employees have access. If an employee does not
receive the adjustment, if any, described in the plan and is unable to resolve the problem
with the provider, the employee may contact the employee's union representative. If the
employee is not covered by a collective bargaining agreement, the employee may contact
the commissioner at a telephone number provided by the commissioner and included in
the provider's plan.
new text end

new text begin (f) The commissioner and each county agency shall take steps necessary to
implement the increases required by this section on the dates specified, and the increases
must be effective on the dates specified, regardless of the client's service authorization date
and notwithstanding the terms of any provider contract, service agreement, or schedule
that limits when a county may increase payment rates.
new text end