1.1                          A bill for an act 
  1.2             relating to human services; providing for day training 
  1.3             and habilitation services; requiring a waiver request; 
  1.4             appropriating money; amending Minnesota Statutes 2000, 
  1.5             sections 252.43; 256B.092, subdivision 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 252.43, is 
  1.8   amended to read: 
  1.9      252.43 [COMMISSIONER'S DUTIES.] 
  1.10     The commissioner shall supervise county boards' provision 
  1.11  of day training and habilitation services to adults with mental 
  1.12  retardation and related conditions.  The commissioner shall: 
  1.13     (1) determine the need for day training and habilitation 
  1.14  services under section 252.28; 
  1.15     (2) approve payment rates established by a county under 
  1.16  section 252.46, subdivision 1; 
  1.17     (3) adopt rules for the administration and provision of day 
  1.18  training and habilitation services under sections 252.40 to 
  1.19  252.46 and sections 245A.01 to 245A.16 and 252.28, subdivision 
  1.20  2; 
  1.21     (4) enter into interagency agreements necessary to ensure 
  1.22  effective coordination and provision of day training and 
  1.23  habilitation services; 
  1.24     (5) monitor and evaluate the costs and effectiveness of day 
  1.25  training and habilitation services; and 
  2.1      (6) provide information and technical help to county boards 
  2.2   and vendors in their administration and provision of day 
  2.3   training and habilitation services; and 
  2.4      (7) authorize payment with state funds and any available 
  2.5   federal Medicaid funds for services provided to individuals 
  2.6   authorized under section 252.44, paragraph (a), clause (1). 
  2.7      Sec. 2.  Minnesota Statutes 2000, section 256B.092, 
  2.8   subdivision 5, is amended to read: 
  2.9      Subd. 5.  [FEDERAL WAIVERS.] (a) The commissioner shall 
  2.10  apply for any federal waivers necessary to secure, to the extent 
  2.11  allowed by law, federal financial participation under United 
  2.12  States Code, title 42, sections 1396 et seq., as amended, for 
  2.13  the provision of services to persons who, in the absence of the 
  2.14  services, would need the level of care provided in a regional 
  2.15  treatment center or a community intermediate care facility for 
  2.16  persons with mental retardation or related conditions.  The 
  2.17  commissioner may seek amendments to the waivers or apply for 
  2.18  additional waivers under United States Code, title 42, sections 
  2.19  1396 et seq., as amended, to contain costs.  The commissioner 
  2.20  shall ensure that payment for the cost of providing home and 
  2.21  community-based alternative services under the federal waiver 
  2.22  plan shall not exceed the cost of intermediate care services 
  2.23  including day training and habilitation services that would have 
  2.24  been provided without the waivered services.  
  2.25     (b) The commissioner, in administering home and 
  2.26  community-based waivers for persons with mental retardation and 
  2.27  related conditions, shall ensure that day services for eligible 
  2.28  persons are not provided by the person's residential service 
  2.29  provider, unless the person or the person's legal representative 
  2.30  is offered a choice of providers and agrees in writing to 
  2.31  provision of day services by the residential service provider.  
  2.32  The individual service plan for individuals who choose to have 
  2.33  their residential service provider provide their day services 
  2.34  must describe how health, safety, and protection needs will be 
  2.35  met by frequent and regular contact with persons other than the 
  2.36  residential service provider. 
  3.1      Sec. 3.  [FEDERAL WAIVER REQUESTS.] 
  3.2      The commissioner of human services shall submit to the 
  3.3   federal Health Care Financing Administration by September 1, 
  3.4   2001, a request for a home and community-based services waiver 
  3.5   for day services, including:  community inclusion, supported 
  3.6   employment, and day training and habilitation services defined 
  3.7   in Minnesota Statutes, section 252.41, subdivision 3, clause 
  3.8   (1), for persons eligible for the waiver under Minnesota 
  3.9   Statutes, section 256B.092. 
  3.10     Sec. 4.  [APPROPRIATION.] 
  3.11     $....... is appropriated from the general fund to the 
  3.12  commissioner of human services for the biennium ending June 30, 
  3.13  2003, to implement sections 1 to 3.