HF 813

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/16/2023 05:01pm

A bill for an act
relating to human services; establishing home and community-based workforce
incentive fund grants; establishing an awareness-building campaign for the
recruitment of direct care professionals; appropriating money.

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

Section 1. HOME AND COMMUNITY-BASED WORKFORCE INCENTIVE FUND
GRANTS.

Subdivision 1.

Grant program established.

The commissioner of human services shall
establish grants for disability and home and community-based providers to assist with
recruiting and retaining direct support and frontline workers.

Subd. 2.

Definitions.

(a) For purposes of this section, the following terms have the
meanings given.

(b) "Commissioner" means the commissioner of human services.

(c) "Eligible employer" means an organization enrolled in a Minnesota health care
program or providing housing services and is:

(1) a provider of home and community-based services under Minnesota Statutes, chapter
245D; or

(2) a facility certified as an intermediate care facility for persons with developmental
disabilities.

(d) "Eligible worker" means a worker who earns $30 per hour or less and is currently
employed or recruited to be employed by an eligible employer.

Subd. 3.

Allowable uses of grant funds.

(a) Grantees must use grant funds to provide
payments to eligible workers for the following purposes:

(1) retention, recruitment, and incentive payments;

(2) postsecondary loan and tuition payments;

(3) child care costs;

(4) transportation-related costs; and

(5) other costs associated with retaining and recruiting workers, as approved by the
commissioner.

(b) Eligible workers may receive payments up to $1,000 per year from the home and
community-based workforce incentive fund.

(c) The commissioner must develop a grant cycle distribution plan that allows for
equitable distribution of funding among eligible employers. The commissioner's
determination of the grant awards and amounts is final and is not subject to appeal.

Subd. 4.

Attestation.

As a condition of obtaining grant payments under this section, an
eligible employer must attest and agree to the following:

(1) the employer is an eligible employer;

(2) the total number of eligible employees;

(3) the employer will distribute the entire value of the grant to eligible workers, as
allowed under this section;

(4) the employer will create and maintain records under subdivision 6;

(5) the employer will not use the money appropriated under this section for any purpose
other than the purposes permitted under this section; and

(6) the entire value of any grant amounts will be distributed to eligible workers identified
by the employer.

Subd. 5.

Distribution plan; report.

(a) A provider agency or individual provider that
receives a grant under subdivision 4 shall prepare, and upon request submit to the
commissioner, a distribution plan that specifies the amount of money the provider expects
to receive and how that money will be distributed for recruitment and retention purposes
for eligible employees. Within 60 days of receiving the grant, the provider must post the
distribution plan and leave it posted for a period of at least six months in an area of the
provider's operation to which all direct support professionals have access.

(b) Within 12 months of receiving a grant under this section, each provider agency or
individual provider that receives a grant under subdivision 4 shall submit a report to the
commissioner that includes the following information:

(1) a description of how grant funds were distributed to eligible employees; and

(2) the total dollar amount distributed.

(c) Failure to submit the report under paragraph (b) may result in recoupment of grant
funds.

Subd. 6.

Audits and recoupment.

(a) The commissioner may perform an audit under
this section up to six years after a grant is awarded to ensure:

(1) the grantee used the money solely for allowable purposes under subdivision 3;

(2) the grantee was truthful when making attestations under subdivision 4; and

(3) the grantee complied with the conditions of receiving a grant under this section.

(b) If the commissioner determines that a grantee used grant funds for purposes not
authorized under this section, the commissioner must treat any amount used for a purpose
not authorized under this section as an overpayment. The commissioner must recover any
overpayment.

Subd. 7.

Grants not to be considered income.

(a) For the purposes of this subdivision,
"subtraction" has the meaning given in Minnesota Statutes, section 290.0132, subdivision
1, paragraph (a), and the rules in that subdivision apply to this subdivision. The definitions
in Minnesota Statutes, section 290.01, apply to this subdivision.

(b) The amount of a grant award received under this section is a subtraction.

(c) Grant awards under this section are excluded from income, as defined in Minnesota
Statutes, sections 290.0674, subdivision 2a, and 290A.03, subdivision 3.

(d) Notwithstanding any law to the contrary, grant awards under this section must not
be considered income, assets, or personal property for purposes of determining eligibility
or recertifying eligibility for:

(1) child care assistance programs under Minnesota Statutes, chapter 119B;

(2) general assistance, Minnesota supplemental aid, and food support under Minnesota
Statutes, chapter 256D;

(3) housing support under Minnesota Statutes, chapter 256I;

(4) the Minnesota family investment program and diversionary work program under
Minnesota Statutes, chapter 256J; and

(5) economic assistance programs under Minnesota Statutes, chapter 256P.

(e) The commissioner must not consider grant awards under this section as income or
assets under Minnesota Statutes, section 256B.056, subdivision 1a, paragraph (a), 3, or 3c,
or for persons with eligibility determined under Minnesota Statutes, section 256B.057,
subdivision 3, 3a, or 3b.

Subd. 8.

Appropriation.

$43,000,000 in fiscal year 2024 is appropriated from the general
fund to the commissioner of human services for the home and community-based workforce
incentive fund grants under this section. This is a onetime appropriation. Any unexpended
balance in the first year does not cancel and is available in the second year of the biennium.

Sec. 2. AWARENESS-BUILDING CAMPAIGN FOR THE RECRUITMENT OF
DIRECT CARE PROFESSIONALS.

Subdivision 1.

Grant program established.

The commissioner of employment and
economic development shall develop and implement paid advertising as part of a
comprehensive awareness-building campaign aimed at recruiting direct care professionals
to provide long-term care services.

Subd. 2.

Definition.

For purposes of this section, "direct care professionals" means
long-term care services employees who provide direct support or care to people using aging,
disability, or behavioral health services.

Subd. 3.

Request for proposals; allowable uses of grant funds.

(a) The commissioner
shall publish a request for proposals to select an outside vendor or vendors to conduct the
awareness-building campaign for the recruitment of direct care professionals.

(b) Grant funds received under this section may be used for the following:

(1) development of recruitment materials for the direct care workforce to be featured
on:

(i) television;

(ii) streaming services;

(iii) radio;

(iv) social media;

(v) billboards; and

(vi) other print materials;

(2) development of materials and strategies to highlight and promote the positive aspects
of the direct care workforce;

(3) to purchase media time or space to feature recruitment materials for the direct care
workforce; and

(4) the administrative costs necessary to implement this grant program.

The Department of Employment and Economic Development may collaborate with relevant
state agencies for the purposes of the development and implementation of this campaign
and is authorized to transfer administrative funding to such agencies to cover any associated
administrative costs.

Subd. 4.

Appropriation.

$4,000,000 in fiscal year 2024 is appropriated from the general
fund to the commissioner of employment and economic development to develop and
implement an awareness-building campaign for the recruitment of direct care professionals.
This is a onetime appropriation. Any unexpended balance in the first year of the biennium
does not cancel and is available in the second year of the biennium.