1.1                          A bill for an act
  1.2             relating to human services; requiring the commissioner 
  1.3             of human services to establish and administer a direct 
  1.4             support professional incentive program; appropriating 
  1.5             money; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 252. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [252.295] [DIRECT SUPPORT PROFESSIONAL 
  1.9   INCENTIVE PROGRAM.] 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.11  section, the definitions in this subdivision apply. 
  1.12     (b) "Community supports program" means an educational 
  1.13  program sponsored by technical and community colleges in 
  1.14  Minnesota that includes specific training on community supports 
  1.15  skills standards to direct support professionals. 
  1.16     (c) "Community supports skills standards" means the 
  1.17  competency areas for human service workers defined by the 
  1.18  national job analysis funded by the federal Departments of 
  1.19  Education and Labor for human service direct support workers in 
  1.20  the following six categories:  community services broker; 
  1.21  social, interpersonal, behavioral supports; residential 
  1.22  supports; personal care and assistance; employment supports; and 
  1.23  leisure, recreational supports.  The competency areas for human 
  1.24  service workers include participant empowerment, communication, 
  1.25  assessment, community and service networking, facilitation of 
  1.26  services, community living skills and supports, education, 
  2.1   training and self-development, advocacy, vocational, educational 
  2.2   and career support, crisis intervention, organizational 
  2.3   participation, and documentation. 
  2.4      (d) "Direct support professional" means a person who is not 
  2.5   an administrator or central office employee, employed in a 
  2.6   private program licensed through the consolidated standards 
  2.7   under chapter 245B and who provides direct care services to 
  2.8   people who have mental retardation or related conditions. 
  2.9      (e) "Job competence" means the demonstration of basic 
  2.10  competence in the areas identified in the community support 
  2.11  skills standards for direct service workers in human services 
  2.12  developed by the human services research institute. 
  2.13     (f) "Participating employer" means a private provider 
  2.14  licensed through the consolidated standards under chapter 245B 
  2.15  that agrees to develop, annually update, and implement a 
  2.16  workforce development plan, and to use its portion of the 
  2.17  incentive dollars to address the issues identified in its 
  2.18  workforce development plan and to document employee eligibility. 
  2.19     (g) "Workforce development plan" means a participating 
  2.20  employer's annual assessment of its staff recruitment, retention 
  2.21  and training issues, and the development and implementation of a 
  2.22  strategic plan to address issues through strategies including, 
  2.23  but not limited to, recruitment interventions, improving 
  2.24  orientation and training, employee recognition, monitoring 
  2.25  recruitment retention and training outcomes, and improving 
  2.26  supervision and management practices to reduce turnover. 
  2.27     Subd. 2.  [ESTABLISHMENT; GOALS.] The commissioner shall 
  2.28  establish the direct support professional incentive program to 
  2.29  improve the quality of services provided to persons with mental 
  2.30  retardation and related conditions by:  (1) increasing retention 
  2.31  of exemplary staff; (2) increasing the capacity to recruit 
  2.32  workers; (3) creating a diverse group of future leaders in the 
  2.33  field; and (4) facilitating organizational change regarding 
  2.34  direct support professional workforce issues through strategic 
  2.35  planning.  The direct support professional incentive program 
  2.36  must link the achievement of specified experience, higher 
  3.1   education, training and competency requirements by direct 
  3.2   support professionals to financial incentives for both the 
  3.3   worker and employer. 
  3.4      Subd. 3.  [DUTIES.] (a) The commissioner shall contract 
  3.5   with a private management entity to administer the program.  The 
  3.6   commissioner shall require the management entity to:  receive 
  3.7   and act upon applications submitted by agencies and individual 
  3.8   direct support professionals, manage the funds allocated to the 
  3.9   program, and develop appropriate documentation of eligibility 
  3.10  and other operational activities. 
  3.11     (b) The management entity may retain up to ten percent of 
  3.12  allocated funds to pay for the management, oversight, and 
  3.13  technical assistance components of the program.  Technical 
  3.14  assistance to be provided includes assistance to participating 
  3.15  employers in assessing employee competence, developing agency 
  3.16  workforce development plans, completing forms required for 
  3.17  participation and accessing post-secondary educational 
  3.18  opportunities, and advanced training.  Technical assistance also 
  3.19  includes assistance for direct support professionals on the 
  3.20  community supports skills standards, post-secondary educational 
  3.21  opportunities and advanced training on community supports, and 
  3.22  strategies to document competence in the community supports 
  3.23  skills standards. 
  3.24     (c) The commissioner shall annually review the number of 
  3.25  participants in the program and assess workforce outcomes such 
  3.26  as turnover, recruitment success, and staff competence in 
  3.27  participating employers.  The commissioner shall present 
  3.28  recommendations for any needed program changes to the chairs of 
  3.29  the legislative committees dealing with health and human 
  3.30  services policy and finance. 
  3.31     Subd. 4.  [ELIGIBLE DIRECT SUPPORT PROFESSIONAL.] A direct 
  3.32  support professional who meets the following documented criteria 
  3.33  is eligible for this program: 
  3.34     (1) a minimum of 12 months of continuous full-time or 
  3.35  part-time satisfactory employment with a single participating 
  3.36  employer; 
  4.1      (2) a minimum of ten semester credits of job-related 
  4.2   coursework from an accredited post-secondary educational 
  4.3   institution; 
  4.4      (3) demonstration of basic competence in the areas 
  4.5   identified in the community supports skills standards for direct 
  4.6   support workers in human services; and 
  4.7      (4) an agreement to abide by the direct support 
  4.8   professional code of ethics developed by the national alliance 
  4.9   of direct support professionals. 
  4.10     Subd. 5.  [FINANCIAL INCENTIVES.] (a) [ELIGIBILITY.] A 
  4.11  direct support professional working for a participating agency 
  4.12  who meets the eligibility criteria in this section is eligible 
  4.13  for bonuses as provided in this subdivision. 
  4.14     (b) [TIER 1 FULL-TIME.] A full-time direct support 
  4.15  professional working 36 hours per week who documents competence 
  4.16  in four community supports skills standards and meets the other 
  4.17  requirements is eligible for a $1,000 annual salary bonus and 
  4.18  the employer of that individual is eligible for an additional 
  4.19  $500 to be used to pay employment taxes on the salary bonus and 
  4.20  to develop and implement an agency workforce development plan.  
  4.21  An eligible direct support professional employed at least 18.5 
  4.22  hours per week at more than one participating employer is 
  4.23  eligible for no more than the maximum annual salary bonus. 
  4.24     (c) [TIER 1 PART-TIME.] A part-time direct support 
  4.25  professional employed for 20 to 35 hours per week who documents 
  4.26  competence in four community supports skills standards and meets 
  4.27  the other requirements is eligible for a pro rata annual salary 
  4.28  bonus and the employer is eligible for a pro rata amount to be 
  4.29  used to pay employment taxes on the salary bonus and to develop 
  4.30  and implement an agency workforce development plan.  An eligible 
  4.31  direct support professional employed between ten and 17.5 hours 
  4.32  per week at more than one participating employer is eligible for 
  4.33  no more than the maximum pro rata annual salary bonus. 
  4.34     (d) [TIER 2 FULL-TIME.] A full-time direct support 
  4.35  professional working 36 hours per week who documents competence 
  4.36  in eight community supports skills standards and meets the other 
  5.1   requirements is eligible for a $1,750 annual salary bonus and 
  5.2   the employer is eligible for an additional $500 to be used to 
  5.3   pay employment taxes on the salary bonus and to develop and 
  5.4   implement an agency workforce development plan.  An eligible 
  5.5   direct support professional employed at least 18.5 hours per 
  5.6   week at more than one participating employer is eligible for no 
  5.7   more than the maximum annual salary bonus. 
  5.8      (e) [TIER 2 PART-TIME.] A part-time direct support 
  5.9   professional employed for 20 to 35 hours per week who documents 
  5.10  competence in eight community supports skills standards and 
  5.11  meets the other requirements is eligible for a pro rata annual 
  5.12  salary bonus and the employer is eligible for a pro rata amount 
  5.13  to be used to pay employment taxes on the salary bonus and to 
  5.14  develop and implement an agency workforce development plan.  An 
  5.15  eligible direct support professional employed between ten and 
  5.16  17.5 hours per week at more than one participating employer is 
  5.17  eligible for no more than the maximum pro rata annual salary 
  5.18  bonus. 
  5.19     (f) [TIER 3 FULL-TIME.] A full-time direct support 
  5.20  professional working 36 hours per week who documents competence 
  5.21  in 12 community supports skills standards and meets the other 
  5.22  requirements is eligible for a $2,500 annual salary bonus and 
  5.23  the employer is eligible for an additional $500 to be used to 
  5.24  pay employment taxes on the salary bonus and to develop and 
  5.25  implement an agency workforce development plan.  An eligible 
  5.26  direct support professional employed at least 18.5 hours per 
  5.27  week at more than one participating employer is eligible for no 
  5.28  more than the maximum annual salary bonus. 
  5.29     (g) [TIER 3 PART-TIME.] A part-time direct support 
  5.30  professional employed for 20 to 35 hours per week who documents 
  5.31  competence in 12 community supports skills standards and meets 
  5.32  the other requirements is eligible for a pro rata annual salary 
  5.33  bonus and the employer is eligible for a pro rata amount to be 
  5.34  used to pay employment taxes on the salary bonus and to develop 
  5.35  and implement an agency workforce development plan.  An eligible 
  5.36  direct support professional employed between ten and 17.5 hours 
  6.1   a week at more than one participating employer is eligible for 
  6.2   no more than the maximum pro rata annual salary bonus. 
  6.3      (h) [ANNUAL ADJUSTMENTS.] Beginning July 1, 2001, and each 
  6.4   July 1 thereafter, the dollar amounts specified in this 
  6.5   subdivision shall be adjusted annually by the change in the 
  6.6   Consumer Price Index for urban consumers for the previous 
  6.7   calendar year. 
  6.8      Subd. 6.  [ADDITIONAL BONUS.] (a) Eligible direct support 
  6.9   professionals who have received a bonus under subdivision 5 can 
  6.10  earn an additional bonus under that subdivision after completing 
  6.11  an additional 12 months of continuous satisfactory employment 
  6.12  with a participating employer and meeting the continuing 
  6.13  education requirement specified in paragraph (b).  An employee 
  6.14  who leaves the agency in which the employee established initial 
  6.15  eligibility is not eligible to reapply for the program until the 
  6.16  employee has worked 12 consecutive months for a new 
  6.17  participating employer.  Appropriate documentation of employment 
  6.18  is required. 
  6.19     (b) In order to apply for an additional bonus, full-time 
  6.20  employees must complete 20 hours, and part-time employees ten 
  6.21  hours, of job-related advanced training on approved community 
  6.22  support topics for which a certificate is earned, and provide 
  6.23  appropriate documentation. 
  6.24     Sec. 2.  [APPROPRIATION.] 
  6.25     $....... is appropriated from the general fund to the 
  6.26  commissioner of human services for the biennium ending June 30, 
  6.27  2003, to establish and administer the direct support 
  6.28  professional incentive program under section 1.