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HF 3712

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/04/2024 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/13/2024
1st Engrossment Posted on 03/04/2024

Current Version - 1st Engrossment

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A bill for an act
relating to human services; delaying implementation of new rates for family
residential services and life sharing services; establishing the Advisory Task Force
on Family Residential Services; requiring reports; appropriating money; amending
Laws 2023, chapter 61, article 1, sections 5; 27; 30; 32; 47; 85.

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

Section 1.

Laws 2023, chapter 61, article 1, section 5, the effective date, is amended to
read:


EFFECTIVE DATE.

This section is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end , or upon federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained.

Sec. 2.

Laws 2023, chapter 61, article 1, section 27, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end , or upon federal
approval, whichever is later, except that paragraph (b) is effective the day following final
enactment. The commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.

Sec. 3.

Laws 2023, chapter 61, article 1, section 30, the effective date, is amended to read:


EFFECTIVE DATE.

The amendment to clause (5), item (ii), the amendment to clause
(14), and the amendment striking clause (18) are effective January 1, 2024, or upon federal
approval, whichever is later. The amendment to clause (4) is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end ,
or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.

Sec. 4.

Laws 2023, chapter 61, article 1, section 32, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end , or upon federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained.

Sec. 5.

Laws 2023, chapter 61, article 1, section 47, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end , or upon federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained.

Sec. 6.

Laws 2023, chapter 61, article 1, section 85, the effective date, is amended to read:


EFFECTIVE DATE.

Paragraph (a) is effective January 1, 2024, or upon federal
approval, whichever is later, and paragraph (b) is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end , or upon
federal approval, whichever is later. The commissioner of human services shall notify the
revisor of statutes when federal approval is obtained.

Sec. 7. new text begin ADVISORY TASK FORCE ON FAMILY RESIDENTIAL SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Advisory Task Force on Family Residential
Services is established to evaluate proposed family residential services rate modifications
and the impact any proposed payment methodology would have on existing family residential
services and licensed adult family foster care providers.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Advisory Task Force on Family Residential Services
must consist of the members appointed as follows:
new text end

new text begin (1) two licensed adult family foster care providers, appointed by the commissioner of
human services;
new text end

new text begin (2) two licensed adult family foster care providers, appointed by ARRM;
new text end

new text begin (3) one member representing the Department of Human Services who has experience
with adult family foster care providers and family residential services, appointed by the
commissioner of human services;
new text end

new text begin (4) one member representing the Department of Human Services who has experience
with disability waiver rate setting, appointed by the commissioner of human services;
new text end

new text begin (5) one member representing lead agencies, appointed by the Association of Minnesota
Counties;
new text end

new text begin (6) one member representing ARRM, appointed by ARRM;
new text end

new text begin (7) one member receiving services through adult family foster care; and
new text end

new text begin (8) one member receiving life-sharing services.
new text end

new text begin (b) Appointments must be made no later than January 1, 2025.
new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 15.059, subdivision 6, member
compensation and reimbursement for expenses are governed by Minnesota Statutes, section
15.059, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin (a) The commissioner of human services must convene the first
meeting of the advisory task force no later than March 1, 2025.
new text end

new text begin (b) Advisory task force meetings are subject to the Minnesota Open Meeting Law under
Minnesota Statutes, chapter 13D.
new text end

new text begin (c) Advisory task force meetings must be conducted by telephone or interactive
technology according to Minnesota Statutes, section 13D.015.
new text end

new text begin Subd. 4. new text end

new text begin Administrative support. new text end

new text begin (a) The commissioner of human services must provide
administrative support and staff assistance for the advisory task force.
new text end

new text begin (b) The commissioner of human services must provide the advisory task force with data,
fiscal estimates, rate models, draft waiver amendments, implementation updates, estimated
impacts, and other information the advisory task force requires to fulfill its duties under
subdivisions 5 and 6.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin (a) Prior to issuing the report required under subdivision 6, paragraph
(a), the advisory task force must evaluate multiple family residential service rate models
and the impact the proposed rate models would have on family residential services and adult
family foster care providers. The evaluations must include:
new text end

new text begin (1) case studies demonstrating rate changes adult family foster care providers would
experience under each rate model;
new text end

new text begin (2) an estimate of the median rate change family residential services and adult family
foster care providers will experience under each model;
new text end

new text begin (3) the number of adult family foster care providers operating in Minnesota; and
new text end

new text begin (4) the number of individuals receiving family residential services from licensed adult
family foster care providers.
new text end

new text begin (b) Prior to issuing the report required under subdivision 6, paragraph (b), the advisory
task force must monitor the development and implementation of the family residential
service rate methodology and the impact of the rate methodology on family residential
services and adult family foster care providers.
new text end

new text begin Subd. 6. new text end

new text begin Reports. new text end

new text begin (a) No later than August 1, 2026, the advisory task force must submit
to the chairs and ranking minority members of the legislative committees with jurisdiction
over licensed adult foster care providers and family residential services reimbursement rates
a written report that includes recommendations on:
new text end

new text begin (1) a payment rate methodology for family residential services;
new text end

new text begin (2) a payment rate methodology for life sharing services;
new text end

new text begin (3) any additional recommended changes to family residential services and life sharing
services;
new text end

new text begin (4) any legislative language required to implement the recommendations of the advisory
task force; and
new text end

new text begin (5) any legislative modifications to the duties or authorities of the advisory task force
required to adequately monitor the implementation of new rates for family residential
services and life sharing services.
new text end

new text begin (b) No later than January 15, 2029, the advisory task force must submit to the chairs and
ranking minority members of the legislative committees with jurisdiction over licensed
adult foster care providers and family residential services reimbursement rates a written
report that includes an assessment of the development and implementation of the family
residential service rate methodology and the impact of the rate methodology on family
residential services and adult family foster care providers.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The advisory task force expires June 30, 2029.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 8. new text begin APPROPRIATION; ADVISORY TASK FORCE ON FAMILY
RESIDENTIAL SERVICES.
new text end

new text begin $....... in fiscal year 2025 is appropriated from the general fund to the commissioner of
human services for the Advisory Task Force on Family Residential Services. The general
fund base for the Advisory Task Force on Family Residential Services is $....... in fiscal
year 2026, $....... in fiscal year 2027, $....... in fiscal year 2028, $....... in fiscal year 2029,
and $0 in fiscal year 2030.
new text end