1.1                          A bill for an act 
  1.2             relating to human services; establishing a new rate 
  1.3             for day training and habilitation services; amending 
  1.4             Minnesota Statutes 1996, section 252.46, subdivision 1.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 252.46, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [RATES.] (a) Payment rates to vendors, 
  1.9   except regional centers, for county-funded day training and 
  1.10  habilitation services and transportation provided to persons 
  1.11  receiving day training and habilitation services established by 
  1.12  a county board are governed by subdivisions 2 to 19.  The 
  1.13  commissioner shall approve the following three four payment 
  1.14  rates for services provided by a vendor: 
  1.15     (1) a full-day service rate for persons who receive at 
  1.16  least six service hours a day, including the time it takes to 
  1.17  transport the person to and from the service site; 
  1.18     (2) a partial-day service rate that must not exceed 75 
  1.19  percent of the full-day service rate for persons who receive 
  1.20  less than a full day of service; and 
  1.21     (3) a transportation rate for providing, or arranging and 
  1.22  paying for, transportation of a person to and from the person's 
  1.23  residence to the service site; and 
  1.24     (4) an enrollment rate that must not exceed 75 percent of 
  1.25  the full-day service rate for persons who would have received 
  2.1   services, but for being absent from the vendor's program due to 
  2.2   inclement weather, unscheduled doctor's appointments, and 
  2.3   unforeseen absenteeism.  Vendors may only receive payment at the 
  2.4   snow-day rate for a total of 20 days per year per person.  
  2.5      (b) The commissioner may also approve an hourly job-coach, 
  2.6   follow-along rate for services provided by one employee at or en 
  2.7   route to or from community locations to supervise, support, and 
  2.8   assist one person receiving the vendor's services to learn 
  2.9   job-related skills necessary to obtain or retain employment when 
  2.10  and where no other persons receiving services are present and 
  2.11  when all the following criteria are met: 
  2.12     (1) the vendor requests and the county recommends the 
  2.13  optional rate; 
  2.14     (2) the service is prior authorized by the county on the 
  2.15  Medicaid Management Information System for no more than 414 
  2.16  hours in a 12-month period and the daily per person charge to 
  2.17  medical assistance does not exceed the vendor's approved full 
  2.18  day plus transportation rates; 
  2.19     (3) separate full day, partial day, and transportation 
  2.20  rates, and enrollment rates are not billed for the same person 
  2.21  on the same day; 
  2.22     (4) the approved hourly rate does not exceed the sum of the 
  2.23  vendor's current average hourly direct service wage, including 
  2.24  fringe benefits and taxes, plus a component equal to the 
  2.25  vendor's average hourly nondirect service wage expenses; and 
  2.26     (5) the actual revenue received for provision of hourly 
  2.27  job-coach, follow-along services is subtracted from the vendor's 
  2.28  total expenses for the same time period and those adjusted 
  2.29  expenses are used for determining recommended full day and 
  2.30  transportation payment rates under subdivision 5 in accordance 
  2.31  with the limitations in subdivision 3. 
  2.32     (c) Medical assistance rates for home and community-based 
  2.33  service provided under section 256B.501, subdivision 4, by 
  2.34  licensed vendors of day training and habilitation services must 
  2.35  not be greater than the rates for the same services established 
  2.36  by counties under sections 252.40 to 252.47.  For very dependent 
  3.1   persons with special needs the commissioner may approve an 
  3.2   exception to the approved payment rate under section 256B.501, 
  3.3   subdivision 4 or 8.