SF 1842

Introduction - 86th Legislature (2009 - 2010)

Posted on 02/09/2010 02:23 a.m.

A bill for an act
relating to human services; establishing a respite care program; establishing
advisory committees; proposing coding for new law in Minnesota Statutes,
chapter 256.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [256.4835] LIFE SPAN RESPITE CARE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms used in this section have the meanings
given in this subdivision.
new text end

new text begin (b) "Caregiver" means an individual who lives in the home of a person with special
needs and provides care or supervision for that person.
new text end

new text begin (c) "Provider" means an individual or agency that a caregiver selects, with input
on the selection by the person with special needs, if competent, to provide respite care
to the person with special needs.
new text end

new text begin (d) "Respite care" means care that is provided to a person with special needs, or a
person at risk of abuse or neglect, in order to provide temporary relief to the caregiver of
that person or when the caregiver is unable to provide care.
new text end

new text begin (e) "Special need" means a person's need resulting from an emotional, behavioral,
cognitive, physical, or personal condition that necessitates receipt of care or supervision in
order to meet the person's basic needs or to prevent harm from occurring to the person.
new text end

new text begin (f) "Tribe or band" means the governing body of a federally recognized American
Indian tribe or band in this state.
new text end

new text begin Subd. 2. new text end

new text begin Program. new text end

new text begin (a) The commissioner shall contract for the administration
of life span respite care projects under subdivision 4 with an organization to which the
following apply:
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new text begin (1) the organization is a private, nonprofit organization that is capable of operating
on a statewide basis and has expertise in respite care issues;
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new text begin (2) at least 51 percent of the members of the organization's governing board are
consumers of respite care or caregivers; and
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new text begin (3) the membership of the organization's governing board includes providers and
elected officials and represents the diverse geographical areas and cultural groups of
the state.
new text end

new text begin (b) The organization with which the commissioner contracts under paragraph (a)
shall do the following:
new text end

new text begin (1) after consulting with the commissioner, county agencies, tribes or bands,
providers, and caregivers, prescribe criteria for the distribution of grants to conduct life
span respite care projects. The criteria must include the requirement that grant funds be
equally distributed among five regions of the state, as prescribed by the commissioner;
new text end

new text begin (2) solicit applications from and, using the criteria under paragraph (a), award up
to one grant in each of the five regions prescribed by the commissioner to any of the
following to conduct a life span respite care project:
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new text begin (i) a county agency;
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new text begin (ii) a tribe or band;
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new text begin (iii) a community-based private, nonprofit entity; or
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new text begin (iv) a community-based private entity that is operated for profit;
new text end

new text begin (3) require that the grantee contribute matching funds to the operation of the life
span respite care project in the following amounts:
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new text begin (i) ten percent of the amount of the grant awarded by the organization as direct
services, which shall be used by the grantee to fund payments from caregivers to
providers; and
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new text begin (ii) 15 percent of the amount of the grant awarded by the organization as in-kind
services;
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new text begin (4) oversee grants awarded and monitor, provide technical assistance to, and evaluate
the life span respite care projects;
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new text begin (5) develop best practice guidelines and a training curriculum that may be used by
life span respite care projects that are funded under this section, and that may be used, if
appropriate, by any other respite care providers in the state;
new text end

new text begin (6) promote the exchange of information and coordination among the state, local
governments, life span respite care projects, entities serving persons with special needs,
families of persons with special needs, and persons in favor of the promotion of respite
care services to encourage the efficient provision of respite care services;
new text end

new text begin (7) act as a statewide clearinghouse of information about respite care and existing
respite care programs and resources and operate a library of materials that may be lent to
persons or organizations upon request; and
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new text begin (8) conduct analyses of respite care policies and proposals, and identify and promote
resolution of respite care policy concerns at legislative, state, and local levels.
new text end

new text begin Subd. 3. new text end

new text begin Grants not to supplant other funds. new text end

new text begin Funds awarded as grants under
subdivision 2, paragraph (b), may not be used to supplant funds otherwise available and,
prior to receipt of the grant, dedicated by the grantee to respite care.
new text end

new text begin Subd. 4. new text end

new text begin Life span respite care project requirements. new text end

new text begin Life span respite care
projects for which a grant is awarded under subdivision 2, paragraph (b), clause (2), shall
do all of the following:
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new text begin (1) operate in a culturally competent manner and be sensitive to the unique needs
and strengths of a person with special needs, and his or her family or caregiver;
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new text begin (2) identify, coordinate, and develop resources for respite care that are built, to the
extent possible, on existing community support services;
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new text begin (3) recruit and screen providers;
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new text begin (4) identify training resources and organize training programs for providers that
address different populations in need of respite care;
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new text begin (5) facilitate access by caregivers and families of persons with special needs to an
array of respite care service options (i) for which the person with special needs is eligible,
(ii) that are responsive to caregiver and family needs, and (iii) that are available before
families and primary caregivers reach a crisis situation; and
new text end

new text begin (6) assist caregivers and families of persons with special needs to identify and
coordinate funds and resources available for respite care for which the person with special
needs is eligible, and authorize and provide a variety of funds and resources to make
available additional respite care services for persons with special needs under eligibility
criteria established by the project.
new text end

new text begin Subd. 5. new text end

new text begin Advisory committees. new text end

new text begin Each grantee shall establish an advisory committee
that advises the project providers on how the project may best serve persons with
special needs and their caregivers. Consumers of respite care services and caregivers
shall comprise at least 51 percent of the advisory committee membership and shall be
representative of the diversity of persons who receive services under the project. Other
members shall include providers, representatives of local service agencies, and members
of the community.
new text end