1.1 	A bill for an act
1.2 	relating to human services; authorizing the licensure of four intermediate care 
1.3 	facilities for persons with developmental disabilities to replace one larger 
1.4 	facility; establishing a transition period rate; establishing the payment rate for 
1.5 	the new facilities; appropriating money; amending Minnesota Statutes 2007 
1.6 	Supplement, section 252.295.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2007 Supplement, section 252.295, is amended to read:
1.9 	252.295 LICENSING EXCEPTION EXCEPTIONS.
1.10 		Subdivision 1.Two facilities in Minneapolis. (a) Notwithstanding section 252.294, 
1.11 	the commissioner may license two six-bed, level B intermediate care facilities for persons 
1.12 	with developmental disabilities (ICF's/MR) to replace a 15-bed level A facility in 
1.13 	Minneapolis that is not accessible to persons with disabilities. The new facilities must 
1.14 	be accessible to persons with disabilities and must be located on a different site or sites 
1.15 	in Hennepin County. Notwithstanding section 256B.5012, the payment rate at the new 
1.16 	facilities is $200.47 plus any rate adjustments for ICF's/MR effective on or after July 
1.17 	1, 2007.
1.18 		Subd. 2.One facility in Chisholm. (b) Notwithstanding section 252.294, the 
1.19 	commissioner may license one six-bed level B intermediate care facility for persons 
1.20 	with developmental disabilities to replace a downsized 21-bed facility attached to a day 
1.21 	training and habilitation program in Chisholm. Notwithstanding section 256B.5012, the 
1.22 	facility must serve persons who require substantial nursing care and are able to leave the 
1.23 	facility to receive day training and habilitation services. The payment rate at this facility is 
1.24 	$274.50, effective October 1, 2009.
2.1 		Subd. 3.One facility in Hibbing. (c) Notwithstanding section 256B.5012, the 
2.2 	payment rate of a six-bed level B intermediate care facility for persons with developmental 
2.3 	disabilities in Hibbing, with a per diem rate of $164.13 as of March 1, 2007, for persons 
2.4 	who require substantial nursing care and are able to leave the facility to receive day 
2.5 	training and habilitation services shall be increased to $250.84, effective October 1, 2009.
2.6 	(d) The payment rates in paragraphs (b) and (c) are effective October 1, 2009.
2.7 		Subd. 4.Four facilities in Hennepin County. (a) Notwithstanding section 252.294, 
2.8 	the commissioner may license four six-bed, level B intermediate care facilities for persons 
2.9 	with developmental disabilities to replace a 32-bed facility in Brooklyn Park. The new 
2.10 	facilities must be located in Hennepin County.
2.11 	(b) Notwithstanding section 256B.5012:
2.12 	(1) one of the new facilities must serve persons who require 24-hour nursing care 
2.13 	and are unable to leave the facility to receive day training and habilitation services. The 
2.14 	payment rate at this facility is $475.77;
2.15 	(2) one of the new facilities must serve persons who require 24-hour nursing care 
2.16 	and are able to leave the facility to receive day training and habilitation services. The 
2.17 	payment rate at this facility is $402.95;
2.18 	(3) two of the facilities must serve persons who require substantial nursing care and 
2.19 	are able to leave the facility to receive day training and habilitation services. The payment 
2.20 	rate at these facilities is $343.64; and
2.21 	(4) the existing facility must have a payment rate of $495.21 effective April 1, 
2.22 	2009, to December 31, 2009, subject to the rate adjustment provisions in Minnesota 
2.23 	Rules, part 9553.0041, subpart 13. 
2.24 	(c) The payment rates in paragraph (b), clauses (1) to (3), are effective until state 
2.25 	rate-setting adjustments occur in 2010 or until October 1, 2010, whichever occurs first.

2.26 	Sec. 2. APPROPRIATION.
 2.27 	$....... is appropriated from the general fund to the commissioner of human services 
2.28 	for the fiscal year beginning July 1, 2008, for the purposes of section 1.