Minnesota Legislature
HF 1956
as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to human services; appropriating money for 1.3 human services, including the veterans nursing homes 1.4 board; repealing Minnesota Statutes 1998, section 1.5 256J.03. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 ARTICLE 1 1.8 APPROPRIATIONS 1.9 Section 1. [HUMAN SERVICES APPROPRIATIONS.] 1.10 The sums shown in the columns marked "APPROPRIATIONS" are 1.11 appropriated from the general fund, or other specified fund, to 1.12 the agencies named for the purposes specified in the sections of 1.13 article 1, and are available for the fiscal years indicated for 1.14 each purpose. The figures "2000" and "2001," where used in this 1.15 article, mean the appropriation or appropriations listed under 1.16 them are available for the fiscal year ending June 30, 2000, or 1.17 June 30, 2001, respectively. Where a dollar amount appears in 1.18 parentheses, it means a reduction of an appropriation. 1.19 SUMMARY BY FUND 1.20 APPROPRIATIONS BIENNIAL 1.21 2000 2001 TOTAL 1.22 General $.,...,...,... $.,...,...,... $.,...,...,... 1.23 State Government 1.24 Special Revenue ..,...,... ..,...,... ..,...,... 1.25 Health Care 1.26 Access ...,...,... ...,...,... ...,...,... 1.27 Metropolitan 2.1 Landfill Contingency 2.2 Action Fund ...,... ...,... ...,... 2.3 Trunk Highway .,...,... .,...,... .,...,... 2.4 TOTAL $.,...,...,... $.,...,...,... $.,...,...,... 2.5 APPROPRIATIONS 2.6 Available for the Year 2.7 Ending June 30 2.8 2000 2001 2.9 Sec. 2. COMMISSIONER OF 2.10 HUMAN SERVICES 2.11 Subdivision 1. Total 2.12 Appropriation $.,...,...,... $.,...,...,... 2.13 Summary by Fund 2.14 General .,...,...,... .,...,...,... 2.15 State Government 2.16 Special Revenue ...,... ...,... 2.17 Health Care 2.18 Access ...,...,... ...,...,... 2.19 Subd. 2. Agency Management 2.20 General ..,...,... ..,...,... 2.21 State Government 2.22 Special Revenue ...,... ...,... 2.23 Health Care 2.24 Access ...,...,... ...,...,... 2.25 The amounts that may be spent from the 2.26 appropriation for each purpose are as 2.27 specified: 2.28 (a) Financial Operations 2.29 General .,...,... .,...,... 2.30 Health Care 2.31 Access ...,... ...,... 2.32 (b) Legal and Regulation Operations 2.33 General .,...,... .,...,... 2.34 State Government 2.35 Special Revenue ...,... ...,... 2.36 Health Care 2.37 Access ...,... ...,... 2.38 (c) Management Operations 2.39 General ..,...,... ..,...,... 2.40 Health Care 2.41 Access ...,...,... ...,...,... 2.42 Subd. 3. Children's Grants 2.43 General ..,...,... ..,...,... 2.44 Subd. 4. Children's Services Management 3.1 General .,...,... .,...,... 3.2 Subd. 5. Basic Health Care Grants 3.3 Summary by Fund 3.4 General ...,...,... ...,...,... 3.5 Health Care 3.6 Access ...,...,... ...,...,... 3.7 The amounts that may be spent from this 3.8 appropriation for each purpose are as 3.9 specified: 3.10 (a) MinnesotaCare Grants 3.11 Health Care Access ...,...,... ...,...,... 3.12 (b) Medical Assistance Basic 3.13 Health Care Grants; Families and Children 3.14 General ...,...,... ...,...,... 3.15 (c) Medical Assistance Basic 3.16 Health Care Grants; Elderly and Disabled 3.17 General ...,...,... ...,...,... 3.18 (d) General Assistance Medical Care 3.19 General ...,...,... ...,...,... 3.20 (e) Basic Health Care; Nonentitlement 3.21 General ...,...,... ...,...,... 3.22 Subd. 6. Basic Health Care Management 3.23 General ..,...,... ..,...,... 3.24 Health Care 3.25 Access ..,...,... ...,...,... 3.26 The amounts that may be spent from this 3.27 appropriation for each purpose are as 3.28 specified: 3.29 (a) Health Care Policy Administration 3.30 General .,...,... .,...,... 3.31 Health Care 3.32 Access ...,... ...,... 3.33 (b) Health Care Operations 3.34 General ..,...,... ..,...,... 3.35 Health Care 3.36 Access ...,...,... ...,...,... 3.37 Subd. 7. State-Operated Services 3.38 General ...,...,... ...,...,... 3.39 The amounts that may be spent from this 3.40 appropriation for each purpose are as 3.41 specified: 3.42 (a) State-Operated Services; 4.1 Campus-Based Programs 4.2 General ...,...,... ...,...,... 4.3 (b) State-Operated Community 4.4 Services; Northeast Minnesota 4.5 Mental Health Services 4.6 General .,...,... .,...,... 4.7 (c) State-Operated Community 4.8 Services; Statewide DD Supports 4.9 General .,...,... ..,...,... 4.10 (d) State-Operated Services; 4.11 Enterprise Activities 4.12 General ...,...,... ...,...,... 4.13 Subd. 8. Continuing Care and 4.14 Community Support Grants 4.15 General .,...,...,... .,...,...,... 4.16 The amounts that may be spent from this 4.17 appropriation for each purpose are as 4.18 specified: 4.19 (a) Community Social Services 4.20 Block Grants 4.21 ..,...,... ..,...,... 4.22 (b) Consumer Support Grants 4.23 .,...,... .,...,... 4.24 (c) Aging Adult Service Grants 4.25 .,...,... .,...,... 4.26 (d) Deaf and Hard-of-Hearing 4.27 Services Grants 4.28 .,...,... .,...,... 4.29 (e) Mental Health Grants 4.30 ..,...,... ..,...,... 4.31 (f) Developmental Disabilities 4.32 Community Support Grants 4.33 .,...,... .,...,... 4.34 (g) Medical Assistance Long-Term 4.35 Care Waivers and Home Care 4.36 ...,...,... ...,...,... 4.37 [JULY 1, 1999 COMMUNITY-BASED PROVIDER 4.38 RATE INCREASE.] (1) The commissioner 4.39 shall increase reimbursement or 4.40 allocation rates by three percent on 4.41 July 1, 1999, and an additional three 4.42 percent on July 1, 2000, for the 4.43 following services rendered on or after 4.44 July 1, 1999: home and community-based 4.45 waiver services for persons with mental 4.46 retardation or related conditions under 5.1 Minnesota Statutes, section 256B.501; 5.2 home and community-based waiver 5.3 services for the elderly under 5.4 Minnesota Statutes, section 256B.0915; 5.5 waivered services under community 5.6 alternatives for disabled individuals 5.7 under Minnesota Statutes, section 5.8 256B.49; community alternative care 5.9 waivered services under Minnesota 5.10 Statutes, section 256B.49; traumatic 5.11 brain injury waivered services under 5.12 Minnesota Statutes, section 256B.49; 5.13 nursing services and home health 5.14 services under Minnesota Statutes, 5.15 section 256B.0625, subdivision 6a; 5.16 personal care services and nursing 5.17 supervision of personal care services 5.18 under Minnesota Statutes, section 5.19 256B.0625, subdivision 19a; private 5.20 duty nursing services under Minnesota 5.21 Statutes, section 256B.0625, 5.22 subdivision 7; day training and 5.23 habilitation services for adults with 5.24 mental retardation or related 5.25 conditions under Minnesota Statutes, 5.26 sections 252.40 to 252.46; alternative 5.27 care services under Minnesota Statutes, 5.28 section 256B.0913; adult residential 5.29 program grants under Minnesota Rules, 5.30 parts 9535.2000 to 9535.3000; adult and 5.31 family community support grants under 5.32 Minnesota Rules, parts 9535.1700 to 5.33 9535.1760; semi-independent living 5.34 services under Minnesota Statutes, 5.35 section 252.275, including 5.36 semi-independent living services 5.37 funding under county social services 5.38 grants formerly funded under Minnesota 5.39 Statutes, chapter 256I; and community 5.40 support services for deaf and 5.41 hard-of-hearing adults with mental 5.42 illness who use or wish to use sign 5.43 language as their primary means of 5.44 communication. 5.45 (2) For services that are administered 5.46 through the county, the county board 5.47 shall adjust provider contracts as 5.48 needed and shall submit a plan to the 5.49 commissioner providing assurance that 5.50 the county and its contracted providers 5.51 will use these increased funds solely 5.52 to increase the compensation packages 5.53 of staff other than the administrator 5.54 and central office. The county's plan 5.55 must be posted in locations that are 5.56 reasonably accessible to the staff 5.57 providing the services. 5.58 (3) It is the intention of the 5.59 legislature that the compensation 5.60 packages of direct-care staff providing 5.61 a listed service be increased by three 5.62 percent for each fiscal year. 5.63 (4) Section 7, sunset of uncodified 5.64 language, does not apply to this 5.65 provision. 5.66 (h) Medical Assistance Long-Term 5.67 Care Facilities 6.1 ...,...,... ...,...,... 6.2 [NURSING FACILITY OPERATED BY THE RED 6.3 LAKE BAND OF CHIPPEWA INDIANS.] (1) The 6.4 medical assistance payment rates for 6.5 the 47-bed nursing facility operated by 6.6 the Red Lake Band of Chippewa Indians 6.7 must be calculated according to 6.8 allowable reimbursement costs under the 6.9 medical assistance program, as 6.10 specified in Minnesota Statutes, 6.11 section 246.50, and are subject to the 6.12 facility-specific Medicare upper limits. 6.13 (2) The commissioner shall make 6.14 available a salary adjustment effective 6.15 July 1, 1999, that is equal to three 6.16 percent of total salaries, related 6.17 payroll taxes, and fringe benefits, 6.18 excluding general and administrative 6.19 costs, divided by the number of total 6.20 resident days. The commissioner must 6.21 use the facility's final 1998 Medicare 6.22 cost report to calculate the rate 6.23 adjustment. The rate adjustment shall 6.24 be available based on a plan submitted 6.25 and approved according to Minnesota 6.26 Statutes, section 256B.431, subdivision 6.27 2i, paragraph (c), clause (3). Section 6.28 7, sunset of uncodified language, does 6.29 not apply to this paragraph. 6.30 (i) Alternative Care Grants 6.31 General ..,...,... ..,...,... 6.32 (j) Group Residential Housing 6.33 General ..,...,... ..,...,... 6.34 (k) Chemical Dependency 6.35 Entitlement Grants 6.36 General ..,...,... ..,...,... 6.37 (l) Chemical Dependency 6.38 Nonentitlement Grants 6.39 General .,...,... .,...,... 6.40 Subd. 9. Continuing Care and 6.41 Community Support Management 6.42 General ..,...,... ..,...,... 6.43 State Government 6.44 Special Revenue ...,... ...,... 6.45 Subd. 10. Economic Support Grants 6.46 General ...,...,... ...,...,... 6.47 The amounts that may be spent from this 6.48 appropriation for each purpose are as 6.49 specified: 6.50 (a) Assistance to Families Grants 6.51 General ..,...,... ...,...,... 7.1 (b) Work Grants 7.2 General ...,..,... ..,...,... 7.3 (c) Aid to Families With 7.4 Dependent Children and Other 7.5 Assistance 7.6 General .,...,... -0- 7.7 (d) Child Support Enforcement 7.8 General .,...,... .,...,... 7.9 (e) General Assistance 7.10 General ..,...,... ..,...,... 7.11 (f) Minnesota Supplemental Aid 7.12 General ..,...,... ..,...,... 7.13 (g) Refugee Services 7.14 General .,...,... .,...,... 7.15 Subd. 11. Economic Support 7.16 Management 7.17 General ..,...,... ..,...,... 7.18 Health Care 7.19 Access ...,...,... ...,...,... 7.20 [FOOD STAMP ADMINISTRATIVE 7.21 REIMBURSEMENT.] The commissioner shall 7.22 reduce quarterly food stamp 7.23 administrative reimbursement to 7.24 counties in fiscal years 1999, 2000, 7.25 and 2001 by the amount that the United 7.26 States Department of Health and Human 7.27 Services determines to be the county 7.28 random moment study share of the food 7.29 stamp adjustment under Public Law 7.30 Number 105-185. The reductions shall 7.31 be allocated to each county in 7.32 proportion to each county's 7.33 contribution, if any, to the amount of 7.34 the adjustment. Any adjustment to 7.35 medical assistance administrative 7.36 reimbursement that is based on the 7.37 United States Department of Health and 7.38 Human Services' determinations under 7.39 Public Law Number 105-185 shall be 7.40 distributed to counties in the same 7.41 manner. This provision is effective 7.42 the day following final enactment. 7.43 The amounts that may be spent from this 7.44 appropriation for each purpose are as 7.45 specified: 7.46 (a) Economic Support Policy 7.47 Administration 7.48 General ..,...,... .,...,... 7.49 (b) Economic Support Operations 7.50 General ..,...,... ..,...,... 8.1 Health Care 8.2 Access ...,...,... ...,...,... 8.3 Subd. 12. Federal TANF Funds 8.4 [FEDERAL TANF FUNDS.] (1) Federal 8.5 Temporary Assistance for Needy Families 8.6 block grant funds authorized under 8.7 title I of Public Law Number 104-193, 8.8 the Personal Responsibility and Work 8.9 Opportunity Reconciliation Act of 1996, 8.10 and awarded in federal fiscal years 8.11 1997 to 2002 are appropriated to the 8.12 commissioner in amounts up to 8.13 $294,820,000 is fiscal year 2000 and 8.14 $294,691,000 in fiscal year 2001. 8.15 (2) Of the amounts in clause (1), 8.16 $30,000,000 in each fiscal year is 8.17 transferred to the state's federal 8.18 child care and development fund block 8.19 grant, and is appropriated to the 8.20 commissioner of children, families, and 8.21 learning for the purposes of Minnesota 8.22 Statutes, section 119B.03, subdivision 8.23 5. The appropriations to the 8.24 commissioner of children, families, and 8.25 learning are one-time appropriations 8.26 that shall not be added to the base for 8.27 the basic sliding fee program for the 8.28 2002-2003 biennial budget. 8.29 (3) Of the amounts in clause (1), 8.30 $15,000,000 is transferred each year of 8.31 the biennium to the state's federal 8.32 Title XX block grant. Notwithstanding 8.33 the provisions of Minnesota Statutes, 8.34 section 256E.07, in each year of the 8.35 biennium the commissioner shall 8.36 allocate $15,000,000 of the state's 8.37 Title XX block grant funds based on the 8.38 community social services aids formula 8.39 in Minnesota Statutes, section 8.40 256E.06. The commissioner shall ensure 8.41 that money allocated to counties under 8.42 this provision is used according to the 8.43 requirements of United States Code, 8.44 title 42, section 604(d)(3)(B). Any 8.45 reductions to the amount of the 8.46 community social services block grant 8.47 in fiscal year 2000 or 2001 as a result 8.48 of these actions are one-time 8.49 reductions and shall not reduce the 8.50 base for the CSSA block grant for the 8.51 2002-2003 biennial budget. 8.52 (4) Of the amounts in clause (1), 8.53 $9,700,000 is transferred each year 8.54 from the state's federal TANF block 8.55 grant to the state's federal Title XX 8.56 block grant. Notwithstanding the 8.57 provisions of Minnesota Statutes, 8.58 section 256E.07, in each year the 8.59 commissioner shall transfer $9,700,000 8.60 of the state's Title XX block grant 8.61 funds to the family preservation 8.62 program under Minnesota Statutes, 8.63 chapter 256F. The commissioner shall 8.64 ensure that money allocated under this 8.65 provision is used according to the 8.66 requirements of United States Code, 9.1 title 42, section 604(d)(3)(B). 9.2 Unexpended funds from the first year of 9.3 the biennium may be carried forward to 9.4 the second year. These are one-time 9.5 appropriations that shall not be added 9.6 to the base for these programs for the 9.7 2002-2003 biennial budget. The funds 9.8 transferred to the family preservation 9.9 program shall be used as follows: 9.10 (a) $8,900,000 each year is to provide 9.11 grants for concurrent permanency 9.12 planning under Minnesota Statutes, 9.13 section 257.0711. These funds must be 9.14 allocated to counties based on the 9.15 allocation formula in Minnesota 9.16 Statutes, section 256F.05. When a 9.17 county is in compliance with concurrent 9.18 permanency planning requirements, it 9.19 may use excess funding from the 9.20 allocation under this provision for 9.21 other services specified in Minnesota 9.22 Statutes, chapter 256F. 9.23 (b) $400,000 each year is to provide 9.24 grants to Indian tribes for concurrent 9.25 permanency planning under Minnesota 9.26 Statutes, section 257.0711. These 9.27 funds must be allocated to tribes based 9.28 on the allocation formula in Minnesota 9.29 Statutes, section 257.3577. 9.30 (c) $400,000 each year is for the 9.31 commissioner to pay for administrative 9.32 costs associated with implementing the 9.33 concurrent permanency planning program, 9.34 to provide training, and to conduct 9.35 external reviews of county child 9.36 protection practices that are related 9.37 to the child protection services 9.38 provisions of Laws 1998, chapter 406, 9.39 article 4. 9.40 (5) Of the amounts in clause (1), 9.41 $5,000,000 each year is for the 9.42 commissioner to provide employment 9.43 services to Minnesota family investment 9.44 program participants who face serious 9.45 and multiple barriers to employment. 9.46 These appropriations shall be 9.47 transferred to the commissioner of 9.48 economic security upon completion of an 9.49 interagency agreement that specifies 9.50 the agency's responsibilities for these 9.51 services. These are one-time 9.52 appropriations that shall not be added 9.53 to the base for the Minnesota family 9.54 investment program for the 2002-2003 9.55 biennial budget. 9.56 (6) Of the amounts in clause (1), 9.57 $1,079,000 in fiscal year 2000 and 9.58 $1,665,000 in fiscal year 2001 is 9.59 transferred from the state's federal 9.60 TANF block grant to the state's federal 9.61 child care and development fund block 9.62 grant, and is appropriated to the 9.63 commissioner of children, families, and 9.64 learning for the purposes of Minnesota 9.65 Statutes, section 119B.05. 10.1 [TRANSFERS FROM STATE TANF RESERVE.] 10.2 $4,666,000 in fiscal year 2000 is 10.3 transferred from the state TANF reserve 10.4 account to the general fund. 10.5 Sec. 3. VETERANS NURSING 10.6 HOMES BOARD ..,...,... ..,...,... 10.7 [ALLOWANCE FOR FOOD.] The allowance for 10.8 food may be adjusted annually to 10.9 reflect changes in the producer price 10.10 index, as prepared by the United States 10.11 Bureau of Labor Statistics, with the 10.12 approval of the commissioner of 10.13 finance. Adjustments for fiscal year 10.14 2000 and fiscal year 2001 must be based 10.15 on the June 1998 and June 1999 producer 10.16 price index respectively, but the 10.17 adjustment must be prorated if it would 10.18 require money in excess of the 10.19 appropriation. 10.20 [ASSET PRESERVATION; FACILITY REPAIR.] 10.21 Of this general fund appropriation, 10.22 $1,190,000 each year is for asset 10.23 preservation and facility repair. 10.24 [VETERANS HOMES SPECIAL REVENUE 10.25 ACCOUNT.] The general fund 10.26 appropriations made to the board shall 10.27 be transferred to a veterans homes 10.28 special revenue account in the special 10.29 revenue fund in the same manner as 10.30 other receipts are deposited according 10.31 to Minnesota Statutes, section 198.34, 10.32 and are appropriated to the veterans 10.33 homes board of directors for the 10.34 operation of board facilities and 10.35 programs. 10.36 [SETTING COST OF CARE AT THE FERGUS 10.37 FALLS FACILITY.] The veterans homes 10.38 board may set the cost of care at the 10.39 Fergus Falls facility for fiscal year 10.40 2000 based on the cost of average 10.41 skilled nursing care provided to 10.42 residents of the Minneapolis veterans 10.43 home for fiscal year 2000. 10.44 [LICENSED BED CAPACITY FOR MINNEAPOLIS 10.45 VETERANS HOME.] The commissioner of 10.46 health shall not reduce the licensed 10.47 bed capacity for the Minneapolis 10.48 veterans home pending completion of the 10.49 project authorized by Laws 1990, 10.50 chapter 610, article 1, section 9, 10.51 subdivision 3. 10.52 Sec. 4. TRANSFERS OF FUNDS 10.53 Subdivision 1. Grant Programs 10.54 The commissioner of human services, 10.55 with the approval of the commissioner 10.56 of finance, and after notification of 10.57 the chair of the senate health and 10.58 family security budget division and the 10.59 chair of the house health and human 10.60 services finance committee, may 10.61 transfer unencumbered appropriation 10.62 balances for the biennium ending June 11.1 30, 2001, within fiscal years for the 11.2 Minnesota family investment program, 11.3 general assistance, general assistance 11.4 medical care, medical assistance, 11.5 Minnesota supplemental aid, and group 11.6 residential housing programs, and the 11.7 entitlement portion of the chemical 11.8 dependency consolidated treatment fund, 11.9 and between fiscal years of the 11.10 biennium. 11.11 Subd. 2. Administrative Transfers and 11.12 Approval Required 11.13 Positions, nonsalary administrative 11.14 money, and salary money may be 11.15 transferred within the department of 11.16 human services and within the programs 11.17 operated by the veterans nursing homes 11.18 board as the commissioner and the board 11.19 consider necessary, with the advance 11.20 approval of the commissioner of 11.21 finance. The commissioner of finance 11.22 shall inform the chairs of the house 11.23 health and human services finance 11.24 committee and the senate health and 11.25 family security budget division 11.26 quarterly about transfers made under 11.27 this provision. 11.28 Sec. 5. PURCHASE OF PROVISIONS; EXCEPTION 11.29 (a) Money appropriated to the 11.30 commissioner of human services for the 11.31 purchase of provisions within the item 11.32 "current expense" must be used solely 11.33 for that purpose. Money provided and 11.34 not used for the purchase of provisions 11.35 must be canceled into the fund from 11.36 which appropriated, except that money 11.37 provided and not used for the purchase 11.38 of provisions because of population 11.39 decreases may be transferred and used 11.40 for the purchase of drugs and medical 11.41 and hospital supplies and equipment 11.42 with written approval of the governor 11.43 after consultation with the legislative 11.44 advisory commission. 11.45 (b) For fiscal year 2000, the allowance 11.46 for food may be adjusted to the 11.47 equivalent of the 75th percentile of 11.48 the comparable raw food costs for 11.49 community nursing homes as reported to 11.50 the commissioner of human services. 11.51 For fiscal year 2001, an adjustment may 11.52 be made to reflect the annual change in 11.53 the United States Bureau of Labor 11.54 Statistics producer price index as of 11.55 June 2000 with the approval of the 11.56 commissioner of finance. The 11.57 adjustments for either year must be 11.58 prorated if they would require money in 11.59 excess of this appropriation. 11.60 Sec. 6. CARRYOVER LIMITATION 11.61 None of the appropriations in this act 11.62 which are allowed to be carried forward 11.63 from fiscal year 2000 to fiscal year 11.64 2001 shall become part of the base 12.1 level funding for the 2002-2003 12.2 biennial budget, unless specifically 12.3 directed by the legislature. 12.4 Sec. 7. SUNSET OF UNCODIFIED LANGUAGE 12.5 All uncodified language contained in 12.6 this article expires on June 30, 2001, 12.7 unless a different expiration date is 12.8 explicit. 12.9 Sec. 8. [REPEALER.] 12.10 Minnesota Statutes 1998, section 256J.03, is repealed 12.11 effective July 2, 1999. Section 7, sunset of uncodified 12.12 language, does not apply to this section.