1.1                          A bill for an act 
  1.2             relating to human services; providing monthly rates 
  1.3             for group residential housing; amending Minnesota 
  1.4             Statutes 2000, sections 144D.01, subdivision 4; 
  1.5             256I.05, subdivision 1; proposing coding for new law 
  1.6             in Minnesota Statutes, chapter 144D. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 144D.01, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [HOUSING WITH SERVICES ESTABLISHMENT OR 
  1.11  ESTABLISHMENT.] (a) "Housing with services establishment" or 
  1.12  "establishment" means: 
  1.13     (1) an establishment providing sleeping accommodations to 
  1.14  one or more adult residents, at least 80 percent of which are 55 
  1.15  years of age or older, and offering or providing, for a fee, one 
  1.16  or more regularly scheduled health-related services or two or 
  1.17  more regularly scheduled supportive services, whether offered or 
  1.18  provided directly by the establishment or by another entity 
  1.19  arranged for by the establishment; or 
  1.20     (2) an establishment that registers under section 144D.025. 
  1.21     (b) Housing with services establishment does not include: 
  1.22     (1) a nursing home licensed under chapter 144A; 
  1.23     (2) a hospital, certified boarding care home, or supervised 
  1.24  living facility licensed under sections 144.50 to 144.56; 
  1.25     (3) a board and lodging establishment licensed under 
  1.26  chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 
  2.1   9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100 to 
  2.2   9530.4450, or under chapter 245B; 
  2.3      (4) a board and lodging establishment which serves as a 
  2.4   shelter for battered women or other similar purpose; 
  2.5      (5) a family adult foster care home licensed by the 
  2.6   department of human services; 
  2.7      (6) private homes in which the residents are related by 
  2.8   kinship, law, or affinity with the providers of services; 
  2.9      (7) residential settings for persons with mental 
  2.10  retardation or related conditions in which the services are 
  2.11  licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or 
  2.12  applicable successor rules or laws; 
  2.13     (8) a home-sharing arrangement such as when an elderly or 
  2.14  disabled person or single-parent family makes lodging in a 
  2.15  private residence available to another person in exchange for 
  2.16  services or rent, or both; 
  2.17     (9) a duly organized condominium, cooperative, common 
  2.18  interest community, or owners' association of the foregoing 
  2.19  where at least 80 percent of the units that comprise the 
  2.20  condominium, cooperative, or common interest community are 
  2.21  occupied by individuals who are the owners, members, or 
  2.22  shareholders of the units; or 
  2.23     (10) services for persons with developmental disabilities 
  2.24  that are provided under a license according to Minnesota Rules, 
  2.25  parts 9525.2000 to 9525.2140 in effect until January 1, 1998, or 
  2.26  under chapter 245B. 
  2.27     Sec. 2.  [144D.025] [OPTIONAL REGISTRATION.] 
  2.28     An establishment that meets all the requirements of this 
  2.29  chapter except that fewer than 80 percent of the adult residents 
  2.30  are age 55 or older may, at its option, register as a housing 
  2.31  with services establishment.  An establishment may register as a 
  2.32  housing with services establishment under this section if 
  2.33  services are delivered to residents by a provider who is 
  2.34  contracted to provide those services by the county agency of the 
  2.35  county in which the establishment is located and under an 
  2.36  arrangement with the management of the housing with services 
  3.1   establishment. 
  3.2      Sec. 3.  Minnesota Statutes 2000, section 256I.05, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [MAXIMUM RATES.] Monthly room and board 
  3.5   rates negotiated by a county agency for a recipient living in 
  3.6   group residential housing must not exceed the MSA equivalent 
  3.7   rate specified under section 256I.03, subdivision 5, with the 
  3.8   exception that a county agency may negotiate a supplementary 
  3.9   room and board rate that exceeds the MSA equivalent rate for 
  3.10  recipients of waiver services under title XIX of the Social 
  3.11  Security Act.  This exception is subject to the following 
  3.12  conditions: 
  3.13     (1) the setting is licensed by the commissioner of human 
  3.14  services under Minnesota Rules, parts 9555.5050 to 9555.6265; 
  3.15     (2) the setting is not the primary residence of the license 
  3.16  holder and in which the license holder is not the primary 
  3.17  caregiver; and 
  3.18     (3) the average supplementary room and board rate in a 
  3.19  county for a calendar year may not exceed the average 
  3.20  supplementary room and board rate for that county in effect on 
  3.21  January 1, 2000.  For calendar years beginning on or after 
  3.22  January 1, 2002, within the limits of appropriations 
  3.23  specifically for this purpose, the commissioner shall increase 
  3.24  each county's supplemental room and board rate average on an 
  3.25  annual basis by a factor consisting of the percentage change in 
  3.26  the Consumer Price Index-All items, United States city average 
  3.27  (CPI-U) for that calendar year compared to the preceding 
  3.28  calendar year as forecasted by Data Resources, Inc., in the 
  3.29  third quarter of the preceding calendar year.  If a county has 
  3.30  not negotiated supplementary room and board rates for any 
  3.31  facilities located in the county as of January 1, 2000, or has 
  3.32  an average supplemental room and board rate under $100 per 
  3.33  person as of January 1, 2000, it may submit a supplementary room 
  3.34  and board rate request with budget information for a facility to 
  3.35  the commissioner for approval. 
  3.36  The county agency may at any time negotiate a higher or lower 
  4.1   room and board rate than the average supplementary room and 
  4.2   board rate. except as provided in paragraphs (a) and (b). 
  4.3      (a) The county agency may approve a supplementary room and 
  4.4   board rate up to $426.37 per person per month if: 
  4.5      (1) the rate is based on the actual documented costs of 
  4.6   room and board; and 
  4.7      (2) the setting is a corporate adult foster home that: 
  4.8      (i) is licensed by the commissioner of human services 
  4.9   according to rules adopted under chapter 245A; and 
  4.10     (ii) serves residents who are entering the community from 
  4.11  an intermediate care facility for persons with mental 
  4.12  retardation under a closure or downsizing agreement or from a 
  4.13  hospital, nursing facility, regional treatment center, or 
  4.14  residential treatment facility licensed under Minnesota Rules, 
  4.15  parts 9520.0500 to 9520.0690, and who are recipients of services 
  4.16  funded by home and community-based waivers under title XIX of 
  4.17  the Social Security Act or treatment or rehabilitative services 
  4.18  under the state Medicaid plan or county social services 
  4.19  administrative plan. 
  4.20  For the purposes of this paragraph, a "corporate adult foster 
  4.21  home" is one that is not the primary residence of the 
  4.22  licenseholder or in which the licenseholder is not the primary 
  4.23  caregiver.  The commissioner may also approve supplementary room 
  4.24  and board requests for settings in counties that had not 
  4.25  negotiated any supplementary room and board rates or whose 
  4.26  average supplementary room and board rate was less than $100 as 
  4.27  of January 1, 2000.  Settings with rates set under this 
  4.28  paragraph shall not be included in a county agency's average 
  4.29  supplementary room and board rate under paragraph (b). 
  4.30     (b) Notwithstanding any provision in this chapter to the 
  4.31  contrary, a county agency may negotiate a supplementary room and 
  4.32  board rate in addition to the MSA equivalent rate in any 
  4.33  community setting for persons who are receiving services funded 
  4.34  by home and community-based waivers under title XIX of the 
  4.35  Social Security Act or under a contract with the county agency 
  4.36  and who are at risk of placement in a regional treatment center, 
  5.1   hospital, nursing home, intermediate care facility for persons 
  5.2   with mental retardation, or residential treatment facility.  For 
  5.3   the purposes of this paragraph, a "community setting" is any 
  5.4   setting that meets the definition of home residence under 
  5.5   section 256B.0625, subdivision 6a, and satisfies established 
  5.6   local health and safety standards.  The average supplementary 
  5.7   room and board rate negotiated for these settings in a county 
  5.8   must not exceed the average supplementary room and board rate 
  5.9   for that county that was in effect on January 1, 2000, increased 
  5.10  by any rate adjustments approved by the legislature.  A county 
  5.11  agency may increase a supplementary room and board rate under 
  5.12  this paragraph in an existing setting.