HF 3955

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to state government; regulating certain payments to I-35W bridge 1.3collapse survivors; promoting community-based care for older adults through the 1.4establishment of a community consortium demonstration project; establishing 1.5a community consortium account in the general fund to distribute pooled 1.6resources; requiring an evaluation of the demonstration project; amending 2008 1.7H. F. No. 2553, section 5, subdivision 3, if enacted;proposing coding for new 1.8law in Minnesota Statutes, chapter 3. 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10    Section 1. new text begin [3.7395] PUBLIC ASSISTANCE. new text end 1.11     new text begin Subdivision 1. new text end new text begin Eligibility. new text end new text begin Payments made to victims under sections 3.7391 to new text end 1.12 new text begin 3.7394 and the catastrophe survivor compensation fund shall not be counted as income, new text end 1.13 new text begin assets, or resources for purposes of eligibility for health care and maintenance programs new text end 1.14 new text begin under chapters 256B, 256D, 256J, and 256L. Victims and their families who would new text end 1.15 new text begin otherwise be eligible for and enrolled in health care programs with federal funding shall new text end 1.16 new text begin be eligible for and enrolled in health care programs paid with state funding until and new text end 1.17 new text begin unless federal approval of this exclusion is granted. The commissioner of human services new text end 1.18 new text begin shall pursue the federal approval necessary to exclude these payments under federally new text end 1.19 new text begin funded health care programs. new text end 1.20     new text begin Subd. 2. new text end new text begin Subrogation. new text end new text begin For the purpose of medical assistance and MinnesotaCare, new text end 1.21 new text begin the Department of Human Services shall pay the federal financial participation for the new text end 1.22 new text begin portion of any payment that is required to be treated as primary to Medicaid. new text end 1.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective at the time that 2008 H.F. No. 2553, new text end 1.24 new text begin if enacted, takes effect. new text end 2.1    Sec. 2. 2008 H.F. NO. 2553, SECTION 5, SUBDIVISION 3, IF ENACTED, IS 2.2AMENDED TO READ: 2.3    Subd. 3. Payments from other sources. Notwithstanding any statutory or common 2.4law or agreement to the contrary, a person required to make payments, including future 2.5payments, to a survivor may not eliminate or reduce those payments as a result of 2.6compensation paid to the survivor under section 3.7393 or from the emergency relief fund 2.7or as a result of the survivor's release of claims against the state, a municipality, or their 2.8employees under section 3.7393 new text begin only to the extent those payments represent damages for new text end 2.9 new text begin future losses for which the survivor received compensation under section 3.7393 or from new text end 2.10 new text begin the emergency relief fund new text end . The obligation of any person other than the state to make 2.11payments to a survivor is primary as compared to any payment made or to be made under 2.12section 3.7393 or from the emergency relief fund. The persons referenced in and covered 2.13by this subdivision and subdivision 4 include, without limitation: 2.14    (1) reparation obligors, as defined in section 65B.43, subdivision 9, whether they are 2.15insurers or self-insurers; 2.16    (2) health plan companies, as defined in section 62Q.01, subdivision 4, including the 2.17Minnesota Comprehensive Health Association created under section 62E.10; 2.18    (3) insurance companies, as defined in section 60A.02, subdivision 4; 2.19    (4) self-insured pools of political subdivisions organized under section 471.617 or 2.20471.981, including service cooperatives pools organized under section 123A.21; 2.21    (5) risk retention groups, as defined in section 60E.02, subdivision 12; 2.22    (6) joint self-insurance plans governed by chapter 60F; 2.23    (7) workers' compensation insurers and private self-insurers, as defined in section 2.2479.01; 2.25    (8) the Minnesota Life and Health Insurance Guaranty Association governed by 2.26chapter 61B; 2.27    (9) the Minnesota Insurance Guaranty Association governed by chapter 60C; 2.28    (10) the Minnesota Joint Underwriting Association governed by chapter 62I; 2.29    (11) all insurers providing credit life, credit accident and health, and credit 2.30involuntary unemployment insurance under chapter 62B, but also including those 2.31coverages written in connection with real estate mortgage loans and those provided to 2.32borrowers at no additional cost; 2.33    (12) the Minnesota unemployment insurance program provided under chapter 268; 2.34    (13) coverage offered by the state under medical assistance, general assistance 2.35medical care, and MinnesotaCare; and 3.1    (14) any other plan providing health, life, disability income, or long-term care 3.2coverage. 3.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective at the time that 2008 H.F. No. 2553, new text end 3.4 new text begin if enacted, takes effect. new text end 3.5    Sec. 3. new text begin OLDER ADULT SERVICES COMMUNITY CONSORTIUMS. new text end 3.6     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin (a) The commissioner of human services, in new text end 3.7 new text begin cooperation with the commissioners of health and housing finance, shall develop and new text end 3.8 new text begin implement, beginning July 1, 2009, a three-year demonstration project for older adult new text end 3.9 new text begin services community consortiums. An older adult services community consortium may new text end 3.10 new text begin consist of health care and social service providers, county agencies, health plan companies, new text end 3.11 new text begin and other community stakeholders within a demonstration site that have established a new text end 3.12 new text begin process for joint decision making. Demonstration sites may include a portion of a county, new text end 3.13 new text begin an entire county, or multiple counties. new text end 3.14     new text begin (b) Each community consortium seeking to participate as a demonstration site must new text end 3.15 new text begin submit an application to the commissioner. The application must include: new text end 3.16     new text begin (1) a description of the entities participating in the consortium, the scope of new text end 3.17 new text begin collaboration, and the process to be used for joint-decision making; new text end 3.18     new text begin (2) the methods by which the consortium plans to achieve the goals specified in new text end 3.19 new text begin subdivision 2; new text end 3.20     new text begin (3) a description of the proposed demonstration site; and new text end 3.21     new text begin (4) other information the commissioner determines to be necessary to evaluate new text end 3.22 new text begin proposals. new text end 3.23     new text begin (c) The commissioner of human services shall establish a process to review and new text end 3.24 new text begin consider applicants. The commissioner shall designate up to three community consortiums new text end 3.25 new text begin as demonstration projects. new text end 3.26     new text begin (d) Each community consortium selected to participate shall establish a local group new text end 3.27 new text begin to assist in planning, designing, implementing, and evaluating the coordinated service new text end 3.28 new text begin delivery system within the demonstration site. Planning for each consortium shall build new text end 3.29 new text begin upon current planning processes developed by county gaps analyses and Elder Care new text end 3.30 new text begin Development Partnerships under Minnesota Statutes, section 256B.0917. new text end 3.31     new text begin Subd. 2. new text end new text begin Goals. new text end new text begin The community consortium demonstration projects are intended to new text end 3.32 new text begin accelerate the development of community based services to fill in gaps identified within new text end 3.33 new text begin communities by using a pool of funds and providing flexibility in the use and distribution new text end 3.34 new text begin of these funds within each demonstration site. These projects must be designed to: new text end 3.35     new text begin (1) ensure consumer access to a continuum of older adult services; new text end 4.1     new text begin (2) create an adequate supply of affordable home-based alternatives to care for new text end 4.2 new text begin persons currently using nursing facilities or likely to need nursing facility services in new text end 4.3 new text begin the future; new text end 4.4     new text begin (3) establish and achieve measurable performance targets for care delivered new text end 4.5 new text begin throughout the continuum of care; and new text end 4.6     new text begin (4) support the management of chronic and complex conditions through greater new text end 4.7 new text begin coordination of all services needed by older adults. new text end 4.8     new text begin Subd. 3. new text end new text begin Priority for other grants. new text end new text begin The commissioner of health shall give priority new text end 4.9 new text begin to community consortiums selected under subdivision 1 when awarding technology-related new text end 4.10 new text begin grants, if the consortiums are using technology as a part of their proposal. To the extent new text end 4.11 new text begin that the commissioner of the Minnesota Housing Finance Agency funds projects to new text end 4.12 new text begin create or preserve affordable housing options for older adults, the commissioner shall new text end 4.13 new text begin give priority to financially feasible projects proposed or supported by community new text end 4.14 new text begin consortiums selected under subdivision 1. The commissioner of transportation shall new text end 4.15 new text begin give priority to community consortiums selected under subdivision 1 when distributing new text end 4.16 new text begin transportation-related funds to create transportation options for older adults. new text end 4.17     new text begin Subd. 4. new text end new text begin Federal approval. new text end new text begin The commissioner of human services may request any new text end 4.18 new text begin federal approvals or waivers necessary to implement the community consortiums under new text end 4.19 new text begin the medical assistance program and include medical assistance funding as specified in new text end 4.20 new text begin subdivision 7 in the community consortium account. new text end 4.21     new text begin Subd. 5. new text end new text begin State waivers. new text end new text begin The commissioner of health may waive applicable state new text end 4.22 new text begin laws and rules on a time-limited basis if the commissioner of health determines that a new text end 4.23 new text begin participating consortium requires a waiver in order to achieve demonstration project goals. new text end 4.24     new text begin Subd. 6. new text end new text begin Quality measures. new text end new text begin (a) Community consortiums participating in the new text end 4.25 new text begin demonstration project shall report information to the commissioner of human services new text end 4.26 new text begin necessary to evaluate the demonstration project, in the form and manner specified by new text end 4.27 new text begin the commissioner. The information collected by the commissioner must include both new text end 4.28 new text begin process and outcome measures, including, but not limited to, measures related to enrollee new text end 4.29 new text begin satisfaction, service delivery, service coordination, service access, use of technology, new text end 4.30 new text begin individual outcomes, and costs. new text end 4.31     new text begin (b) Participating consortiums shall identify state policies that limit the extent to new text end 4.32 new text begin which project goals can be achieved and recommend necessary changes to the appropriate new text end 4.33 new text begin state agencies. new text end 4.34     new text begin Subd. 7. new text end new text begin Community consortium financing. new text end new text begin (a) The commissioner of health shall new text end 4.35 new text begin reserve ten percent of any funds appropriated for the biennium ending June 30, 2011, new text end 5.1 new text begin for the nursing home moratorium exception process under Minnesota Statutes, section new text end 5.2 new text begin 144A.073, for distribution to qualifying projects that are part of a community consortium. new text end 5.3     new text begin (b) Notwithstanding Minnesota Statutes, section 256B.434, subdivision 4, paragraph new text end 5.4 new text begin (d), the nursing facility performance incentive payments shall be reduced by ten percent new text end 5.5 new text begin for the biennium ending June 30, 2011. This shall be a onetime reduction. new text end 5.6     new text begin (c) Base level funding for community service grants under Minnesota Statutes, new text end 5.7 new text begin section 256B.0917, subdivision 13, and community services development grants under new text end 5.8 new text begin Minnesota Statutes, section 256.9754, shall be reduced by ten percent for the biennium new text end 5.9 new text begin ending June 30, 2011. These shall be onetime reductions. new text end 5.10     new text begin (d) An amount equal to the state share of the reductions in paragraphs (b) and (c) is new text end 5.11 new text begin appropriated from the general fund to the commissioner of human services for distribution new text end 5.12 new text begin to qualifying projects that are part of a community consortium under this section, to be new text end 5.13 new text begin available until expended. new text end 5.14     new text begin Subd. 8. new text end new text begin Evaluation and report. new text end new text begin The commissioner of human services, in new text end 5.15 new text begin cooperation with the commissioners of health and housing finance, shall evaluate the new text end 5.16 new text begin demonstration project, and report preliminary findings and recommendations to the new text end 5.17 new text begin legislature by November 15, 2011, on whether the demonstration project should be new text end 5.18 new text begin continued and whether the number of demonstration project sites increased. The final new text end 5.19 new text begin report of findings and recommendations shall be delivered to the legislature by January new text end 5.20 new text begin 15, 2013. The preliminary and final evaluation and report must include: new text end 5.21     new text begin (1) a comparison of the performance of demonstration sites relative to nonconsortium new text end 5.22 new text begin communities on the quality measures specified in subdivision 5; new text end 5.23     new text begin (2) an assessment of the extent to which the demonstration project can be new text end 5.24 new text begin successfully expanded to other parts of the state; new text end 5.25     new text begin (3) legislative changes necessary to improve the effectiveness of the demonstration new text end 5.26 new text begin project and to expand the projects to other parts of the state; and new text end 5.27     new text begin (4) any actions taken by the commissioner of health under subdivision 5. new text end 5.28     new text begin The commissioner of human services may withhold up to $50,000 of the funding new text end 5.29 new text begin provided to each participating community consortium under this section to fund the new text end 5.30 new text begin evaluation and report. new text end