HF 3847

as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2018 02:23pm

A bill for an act
relating to human services; expanding budget methodology exceptions for
consumer-directed community supports; establishing a onetime grant program to
promote consumer-directed community supports; appropriating money; amending
Laws 2017, First Special Session chapter 6, article 1, section 45.

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

Section 1.

Laws 2017, First Special Session chapter 6, article 1, section 45, is amended
to read:

Sec. 45.

CONSUMER-DIRECTED COMMUNITY SUPPORTS BUDGET
METHODOLOGY EXCEPTION FOR PERSONS LEAVING INSTITUTIONS AND
CRISIS RESIDENTIAL SETTINGS new text begin , AND FOR THE PREVENTION OF AN
IMMINENT CRISIS PLACEMENT new text end .

(a) By September 30, deleted text begin 2017 deleted text end new text begin 2018 new text end , the commissioner shall establish an institutional new text begin , home
and community-based residential, new text end and crisis bed consumer-directed community supports
budget exception process in the home and community-based services waivers under
Minnesota Statutes, sections 256B.092 and 256B.49. This budget exception process shall
be available for any individual who:

(1) is not offered available and appropriate services within 60 days since approval for
discharge from the individual's current institutional setting; and

(2) requires services that are more expensive than appropriate services provided in a
noninstitutional setting using the consumer-directed community supports option.

(b) Institutional settings for purposes of this exception include intermediate care facilities
for persons with developmental disabilities; nursing facilities; acute care hospitals; Anoka
Metro Regional Treatment Center; Minnesota Security Hospital; and crisis beds.

new text begin (c) Home and community-based residential settings for the purposes of this exception
process includes foster care when the cost of utilizing consumer-directed community supports
is less than the cost of the current foster care placement.
new text end

new text begin (d) new text end The budget exception shall be limited to no more than the amount of appropriate
services provided in a noninstitutional setting as determined by the lead agency managing
the individual's home and community-based services waiver. The lead agency shall notify
the Department of Human Services of the budget exception.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2. new text begin EXPANSION OF CONSUMER-DIRECTED COMMUNITY SUPPORTS
BUDGET METHODOLOGY EXCEPTION.
new text end

new text begin (a) No later than September 30, 2018, if necessary, the commissioner of human services
shall submit an amendment to the Centers for Medicare and Medicaid Services for the home
and community-based services waivers authorized under Minnesota Statutes, sections
256B.092 and 256B.49, to expand the exceptions to the consumer-directed community
supports budget methodology under Laws 2015, chapter 71, article 7, section 54, and Laws
2017, First Special Session chapter 6, article 1, section 44, to provide up to 30 percent more
funds for consumer-directed community support participants on a waiting list for crisis
services to prevent imminent crisis placement in an institutional setting. This increase may
be provided for no longer than 12 months.
new text end

new text begin (b) The expanded exception under paragraph (a) is limited to those persons who can
demonstrate that they will have to discontinue using consumer-directed community supports
and accept other non-self-directed waiver services because the person's needed supports
cannot be met within the consumer-directed community supports budget limits.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The exception under this section is effective October 1, 2018, or
upon federal approval, whichever is later. The commissioner of human services shall notify
the revisor of statutes when federal approval is obtained.
new text end

Sec. 3. new text begin REGIONAL AND LOCAL CONSUMER-DIRECTED COMMUNITY
SUPPORTS EDUCATION AND MARKETING GRANTS.
new text end

new text begin (a) The commissioner of human services shall award onetime, competitive grants to
eligible applicants for regional and local projects targeted to a designated community of the
applicant's choosing, which may consist of a specific geographic area or population, to:
increase awareness of consumer-directed community supports; increase the rate of utilization
of consumer-directed community supports, specifically in counties with low enrollment in
the program; promote the benefits of support planning services; or connect eligible persons
with disabilities, their parents and family members, and lead agency staff to education and
resources related to consumer-directed community supports.
new text end

new text begin (b) The project areas for the grant include local or community-based initiatives to: (1)
promote the benefits of consumer-directed community supports; and (2) provide informational
materials and other resources to persons with disabilities eligible for consumer-directed
community supports, their parents and family members, and lead agency staff.
new text end

new text begin (c) Eligible applicants may include, but are not limited to, statewide nonprofit
organizations with regional and local presence that provide advocacy services and supports
for persons with disabilities and their parents and family members.
new text end

new text begin (d) Applicants must: (1) describe the proposed project, including the targeted community
and how the project meets the requirements of this section; and (2) identify the proposed
outcomes of the project and the evaluation process to measure these outcomes.
new text end

new text begin (e) In awarding the regional and local consumer-directed community supports education
and marketing grants, the commissioner of human services must give priority to applicants
who demonstrate that the proposed project:
new text end

new text begin (1) is supported by and appropriately targeted to the community the applicant serves;
new text end

new text begin (2) is designed to coordinate with other community activities related to initiatives aimed
at promoting independence, inclusion, and self-direction in the lives of persons with
disabilities;
new text end

new text begin (3) is conducted by an applicant able to demonstrate expertise in the project areas;
new text end

new text begin (4) utilizes and enhances existing activities and resources or involves innovative
approaches to achieve success in the project areas; and
new text end

new text begin (5) strengthens community relationships and partnerships in order to achieve the project
areas.
new text end

new text begin (f) The commissioner shall divide the state into specific geographic regions and allocate
a percentage of the money available for the regional and local consumer-directed community
supports education and marketing grants to projects aimed at each geographic region with
an emphasis on counties with low rates of utilization of consumer-directed community
supports.
new text end

new text begin (g) The commissioner shall award the grants by January 31, 2019.
new text end

new text begin (h) A grantee shall report to the commissioner of human services on the progress of the
project at least once during the grant period, and, within two months of the end of the grant
period, shall submit a final report to the commissioner that includes the measurable outcomes.
new text end

new text begin (i) The commissioner of human services shall:
new text end

new text begin (1) develop the criteria and procedures to allocate the grants under this section, evaluate
all applicants on a competitive basis, award the grants, and select qualified providers to
offer technical assistance to grant applicants and grantees. The selected providers shall assist
applicants and grantees with project design, evaluation methods, materials, and training;
and
new text end

new text begin (2) submit by January 15, 2020, a progress report on the consumer-directed community
supports education and marketing grants under this section to the chairs and ranking minority
members of the legislative committees with jurisdiction over health finance and policy. The
report shall include:
new text end

new text begin (i) information on the grantees;
new text end

new text begin (ii) a summary of all projects undertaken with the grants;
new text end

new text begin (iii) the measurable outcomes established by the grantees, an explanation of the evaluation
process used to determine whether the outcomes were met, and the results of the evaluation;
and
new text end

new text begin (iv) an accounting of how the grant funds were spent.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2019 is appropriated from the general fund to the commissioner of
human services for the regional and local consumer-directed community supports education
and marketing grants described in section 3. This is a onetime appropriation.
new text end