HF 2485

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/09/2021 11:30am

A bill for an act
relating to human services; providing for exemptions to the moratorium on
development of housing support beds eligible for supplemental services rates;
amending Minnesota Statutes 2020, sections 256I.04, subdivision 3; 256I.05,
subdivision 1q, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 256I.04, subdivision 3, is amended to read:

Subd. 3.

Moratorium on development of housing support beds.

(a) Agencies shall
not enter into agreements for new housing support beds with total rates in excess of the
MSA equivalent rate except:

(1) for establishments licensed under chapter 245D provided the facility is needed to
meet the census reduction targets for persons with developmental disabilities at regional
treatment centers;

(2) up to 80 beds in a single, specialized facility located in Hennepin County that will
provide housing for chronic inebriates who are repetitive users of detoxification centers and
are refused placement in emergency shelters because of their state of intoxication, and
planning for the specialized facility must have been initiated before July 1, 1991, in
anticipation of receiving a grant from the Housing Finance Agency under section 462A.05,
subdivision 20a, paragraph (b);

(3) notwithstanding the provisions of subdivision 2a, for up to 226 supportive housing
units in Anoka, Dakota, Hennepin, or Ramsey County for homeless adults with a mental
illness, a history of substance abuse, or human immunodeficiency virus or acquired
immunodeficiency syndrome. For purposes of this section, "homeless adult" means a person
who is living on the street or in a shelter or discharged from a regional treatment center,
community hospital, or residential treatment program and has no appropriate housing
available and lacks the resources and support necessary to access appropriate housing. At
least 70 percent of the supportive housing units must serve homeless adults with mental
illness, substance abuse problems, or human immunodeficiency virus or acquired
immunodeficiency syndrome who are about to be or, within the previous six months, have
been discharged from a regional treatment center, or a state-contracted psychiatric bed in
a community hospital, or a residential mental health or chemical dependency treatment
program. If a person meets the requirements of subdivision 1, paragraph (a), and receives
a federal or state housing subsidy, the housing support rate for that person is limited to the
supplementary rate under section 256I.05, subdivision 1a, and is determined by subtracting
the amount of the person's countable income that exceeds the MSA equivalent rate from
the housing support supplementary service rate. A resident in a demonstration project site
who no longer participates in the demonstration program shall retain eligibility for a housing
support payment in an amount determined under section 256I.06, subdivision 8, using the
MSA equivalent rate. Service funding under section 256I.05, subdivision 1a, will end June
30, 1997, if federal matching funds are available and the services can be provided through
a managed care entity. If federal matching funds are not available, then service funding will
continue under section 256I.05, subdivision 1a;

(4) for an additional two beds, resulting in a total of 32 beds, for a facility located in
Hennepin County providing services for recovering and chemically dependent men that has
had a housing support contract with the county and has been licensed as a board and lodge
facility with special services since 1980;

(5) for a housing support provider located in the city of St. Cloud, or a county contiguous
to the city of St. Cloud, that operates a 40-bed facility, that received financing through the
Minnesota Housing Finance Agency Ending Long-Term Homelessness Initiative and serves
chemically dependent clientele, providing 24-hour-a-day supervision;

(6) for a new 65-bed facility in Crow Wing County that will serve chemically dependent
persons, operated by a housing support provider that currently operates a 304-bed facility
in Minneapolis, and a 44-bed facility in Duluth;

(7) for a housing support provider that operates two ten-bed facilities, one located in
Hennepin County and one located in Ramsey County, that provide community support and
24-hour-a-day supervision to serve the mental health needs of individuals who have
chronically lived unsheltered; deleted text begin and
deleted text end

(8) for a facility authorized for recipients of housing support in Hennepin County with
a capacity of up to 48 beds that has been licensed since 1978 as a board and lodging facility
and that until August 1, 2007, operated as a licensed chemical dependency treatment
program deleted text begin . deleted text end new text begin ;
new text end

new text begin (9) for an additional 42 beds, resulting in a total of 54 beds, for a recovery community
organization and housing support provider that currently operates a 38-bed facility in Olmsted
County serving individuals diagnosed with substance use disorder, originally licensed and
registered by the Department of Health under section 157.17 in 2019, and will operate a
new 14-bed facility in Olmsted County serving individuals diagnosed with substance use
disorder; and
new text end

new text begin (10) for 46 beds for a recovery community organization and housing support provider
that as of March 1, 2021, operates three facilities in Blue Earth County licensed and registered
by the Department of Health under section 157.17, serving individuals diagnosed with
substance use disorder.
new text end

(b) An agency may enter into a housing support agreement for beds with rates in excess
of the MSA equivalent rate in addition to those currently covered under a housing support
agreement if the additional beds are only a replacement of beds with rates in excess of the
MSA equivalent rate which have been made available due to closure of a setting, a change
of licensure or certification which removes the beds from housing support payment, or as
a result of the downsizing of a setting authorized for recipients of housing support. The
transfer of available beds from one agency to another can only occur by the agreement of
both agencies.

Sec. 2.

Minnesota Statutes 2020, section 256I.05, subdivision 1q, is amended to read:

Subd. 1q.

Supplemental rate; Olmsted County.

new text begin (a) new text end Notwithstanding the provisions of
subdivisions 1a and 1c, beginning July 1, 2017, a county agency shall negotiate a
supplementary rate in addition to the rate specified in subdivision 1, not to exceed $750 per
month, including any legislatively authorized inflationary adjustments, for a housing support
provider located in Olmsted County that operates long-term residential facilities with a total
of 104 beds that serve chemically dependent men and women and provide 24-hour-a-day
supervision and other support services.

new text begin (b) A county agency shall negotiate a supplemental service rate for 54 total beds in
addition to the rate specified in subdivision 1, not to exceed the maximum rate allowed
under subdivision 1a, including any legislatively authorized inflationary adjustments, for a
recovery community organization and housing support provider located in Olmsted County
serving individuals diagnosed with substance use disorder, originally licensed and registered
by the Department of Health under section 157.17 in 2019.
new text end

Sec. 3.

Minnesota Statutes 2020, section 256I.05, is amended by adding a subdivision to
read:

new text begin Subd. 1s. new text end

new text begin Supplemental rate; Blue Earth County. new text end

new text begin A county agency shall negotiate a
supplemental service rate for 46 beds in addition to the rate specified in subdivision 1, not
to exceed the maximum rate allowed under subdivision 1a, including any legislatively
authorized inflationary adjustments, for a recovery community organization and housing
support provider that as of March 1, 2021, operates three facilities in Blue Earth County
licensed and registered by the Department of Health under section 157.17, serving individuals
diagnosed with substance use disorder.
new text end