1.1                          A bill for an act 
  1.2             relating to human services; placing limitations on 
  1.3             scholarship recipients; amending Minnesota Statutes 
  1.4             2003 Supplement, section 256B.431, subdivision 36. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.7   256B.431, subdivision 36, is amended to read: 
  1.8      Subd. 36.  [EMPLOYEE SCHOLARSHIP COSTS AND TRAINING IN 
  1.9   ENGLISH AS A SECOND LANGUAGE.] (a) For the period between July 
  1.10  1, 2001, and June 30, 2003, the commissioner shall provide to 
  1.11  each nursing facility reimbursed under this section, section 
  1.12  256B.434, or any other section, a scholarship per diem of 25 
  1.13  cents to the total operating payment rate to be used: 
  1.14     (1) for employee scholarships that satisfy the following 
  1.15  requirements: 
  1.16     (i) scholarships are available to all employees who work an 
  1.17  average of at least 20 hours per week at the facility except the 
  1.18  administrator, department supervisors, and registered nurses; 
  1.19  and 
  1.20     (ii) the course of study is expected to lead to career 
  1.21  advancement with the facility or in long-term care, including 
  1.22  medical care interpreter services and social work; and 
  1.23     (2) to provide job-related training in English as a second 
  1.24  language. 
  1.25     (b) A facility receiving a rate adjustment under this 
  2.1   subdivision may submit to the commissioner on a schedule 
  2.2   determined by the commissioner and on a form supplied by the 
  2.3   commissioner a calculation of the scholarship per diem, 
  2.4   including:  the amount received from this rate adjustment; the 
  2.5   amount used for training in English as a second language; the 
  2.6   number of persons receiving the training; the name of the person 
  2.7   or entity providing the training; and for each scholarship 
  2.8   recipient, the name of the recipient, the amount awarded, the 
  2.9   educational institution attended, the nature of the educational 
  2.10  program, the program completion date, and a determination of the 
  2.11  per diem amount of these costs based on actual resident days. 
  2.12     (c) On July 1, 2003, the commissioner shall remove the 25 
  2.13  cent scholarship per diem from the total operating payment rate 
  2.14  of each facility. 
  2.15     (d) For rate years beginning after June 30, 2003, the 
  2.16  commissioner shall provide to each facility the scholarship per 
  2.17  diem determined in paragraph (b).  In calculating the per diem 
  2.18  under paragraph (b), the commissioner shall allow only costs 
  2.19  related to tuition and direct educational expenses. 
  2.20     (e) An employer may require a term of employment of up to 
  2.21  one year following the completion of the degree attained using 
  2.22  the scholarship funds under this subdivision.  If the recipient 
  2.23  voluntarily terminates employment prior to the end of the 
  2.24  required term of employment following receipt of scholarship 
  2.25  funds, the employer may require the employee to reimburse the 
  2.26  employer for the scholarship funds received.  
  2.27     An employer shall not require reimbursement if a recipient 
  2.28  voluntarily terminated employment because:  (1) the facility at 
  2.29  which the recipient was employed did not have an opening in a 
  2.30  higher job classification related to the recipient's course of 
  2.31  study; or (2) the recipient's spouse had to relocate for reasons 
  2.32  related to employment.