HF 1507

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 05/07/2020 05:37pm

A bill for an act
relating to state government; establishing the COVID-19 Economic Security Act;
modifying loans during public health emergency; providing for small business
loans and grants; providing grants for expanding broadband and telemedicine;
providing housing assistance; expanding personal care assistance services;
increasing personal care assistant rates; providing penalties; appropriating money;
amending Minnesota Statutes 2018, section 48.512, subdivisions 2, 3; Minnesota
Statutes 2019 Supplement, sections 256B.0659, subdivision 11; 256B.85,
subdivision 16.

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

ARTICLE 1

COVID-19 ECONOMIC SECURITY ACT:
LOANS DURING PUBLIC EMERGENCY

Section 1.

Minnesota Statutes 2018, section 48.512, subdivision 2, is amended to read:

Subd. 2.

Required information.

Before opening or authorizing signatory power over
a transaction account, a financial intermediary shall require one applicant to provide the
following information on an application document signed by the applicant:

(a) full name;

(b) birth date;

(c) address of residence;

(d) address of current employment, if employed;

(e) telephone numbers of residence and place of employment, if any;

(f) Social Security number;

(g) driver's license or identification card number issued pursuant to section 171.07. If
the applicant does not have a driver's license or identification card, the applicant may provide
an identification document number issued for identification purposes by any state, federal,
or foreign government if the document includes the applicant's photograph, full name, birth
date, and signature deleted text begin . A valid Wisconsin driver's license without a photograph may be accepted
in satisfaction of the requirement of this paragraph until January 1, 1985 deleted text end ;

(h) whether the applicant has had a transaction account at the same or another financial
intermediary within 12 months immediately preceding the application, and if so, the name
of the financial intermediary;

(i) whether the applicant has had a transaction account closed by a financial intermediary
without the applicant's consent within 12 months immediately preceding the application,
and if so, the reason the account was closed; and

(j) whether the applicant has been convicted of a criminal offense because of the use of
a check or other similar item within 24 months immediately preceding the application.

A financial intermediary may require an applicant to disclose additional information.

An applicant who makes a false material statement that the applicant does not believe
to be true in an application document with respect to information required to be provided
by this subdivision is guilty of perjury. The financial intermediary shall notify the applicant
of the provisions of this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2018, section 48.512, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Confirm no involuntary closing deleted text end new text begin Confirmation new text end .

Before opening or authorizing
signatory power over a transaction account, the financial intermediary shall attempt to verify
the information disclosed for subdivision 2, clause (i). Inquiries made to verify this
information through persons in the business of providing such information must include an
inquiry based on the applicant's identification number provided under subdivision 2, clause
(g). deleted text begin The financial intermediary may not open or authorize signatory power over a transaction
account if (i) the applicant had a transaction account closed by a financial intermediary
without consent because of issuance by the applicant of dishonored checks within 12 months
immediately preceding the application, or (ii) the applicant has been convicted of a criminal
offense because of the use of a check or other similar item within 24 months immediately
preceding the application.
deleted text end

If the transaction account is refused deleted text begin pursuant to this subdivision deleted text end new text begin due to information
obtained in subdivision 2, clauses (i) and (j) new text end , the reasons for the refusal shall be given to
the applicant in writing and the applicant shall be allowed to provide additional information.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin REPAYMENT OF CONSUMER SMALL LOANS AND CONSUMER
SHORT-TERM LOANS DURING PUBLIC HEALTH EMERGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Borrower" means an individual who obtains a consumer small loan or a consumer
short-term loan and who resides in the jurisdiction covered by the public health emergency
at the time the loan is originated.
new text end

new text begin (c) "Consumer small loan lender" has the meaning given in Minnesota Statutes, section
47.60, subdivision 1, paragraph (b).
new text end

new text begin (d) "Consumer small loan" has the meaning given in Minnesota Statutes, section 47.60,
subdivision 1, paragraph (a).
new text end

new text begin (e) "Consumer short-term lender" has the meaning given in Minnesota Statutes, section
47.601, subdivision 1, paragraph (e).
new text end

new text begin (f) "Consumer short-term loan" has the meaning given in Minnesota Statutes, section
47.601, subdivision 1, paragraph (d).
new text end

new text begin (g) "Public health emergency" means a peacetime emergency declared under Minnesota
Statutes, section 12.31, subdivision 2, by the governor in an executive order that relates to
COVID-19.
new text end

new text begin Subd. 2. new text end

new text begin Repayment terms during public health emergency. new text end

new text begin (a) Notwithstanding any
other law to the contrary, a consumer small loan or consumer short-term loan made by a
consumer small loan lender or consumer short-term lender to a borrower executed while
this section is in effect must extend the repayment period for the loan, including applicable
interest, fees, penalties, and charges, to allow the borrower to repay the loan in equal
installments over a period of 12 months.
new text end

new text begin (b) The total dollar amount of interest, fees, penalties, and charges for a loan covered
by this section must not exceed the total dollar amount of interest, fees, penalties, and charges
that would be owed if the loan had been made pursuant to Minnesota Statutes, section 47.60
or 47.601, and outside of a public health emergency.
new text end

new text begin (c) A violation of this section is a violation of Minnesota Statutes, section 325F.69, and
enforceable by the attorney general under Minnesota Statutes, section 8.31. In addition, the
commissioner of commerce has all the authority provided under Minnesota Statutes, section
45.027, to ensure compliance with this section.
new text end

new text begin (d) A consumer small loan or consumer short-term loan that violates this section is void
and unenforceable against the borrower.
new text end

new text begin (e) A consumer small loan lender or consumer short-term lender who violates this
subdivision is liable to the borrower for all money collected or received in connection with
the loan, a civil penalty of $500, and reasonable attorney fees and court costs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to loans executed between that date and February 15, 2021.
new text end

Sec. 4. new text begin SMALL BUSINESS EMERGENCY LOAN PROGRAM; TRANSFER.
new text end

new text begin $5,000,000 in fiscal year 2020 is transferred from the loan guarantee trust fund account
in the special revenue fund under Minnesota Statutes, section 116J.881, subdivision 4, to
the commissioner of employment and economic development for deposit in the small
business emergency loan account in the special revenue fund under Minnesota Statutes,
section 116M.18, subdivision 9, to make loans as set forth in Executive Order 20-15,
Providing Immediate Relief to Small Businesses During the COVID-19 Peacetime
Emergency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin SMALL BUSINESS EMERGENCY LOAN PROGRAM; APPROPRIATIONS.
new text end

new text begin (a) $50,000,000 in fiscal year 2020 is appropriated from the general fund to the
commissioner of employment and economic development for loans under paragraph (b).
Funds are available until December 31, 2020.
new text end

new text begin (b) Money appropriated under paragraph (a) shall be used to make loans as set forth in
Executive Order 20-15, Providing Immediate Relief to Small Businesses During the
COVID-19 Peacetime Emergency, except that these loans shall be available to any business
that can demonstrate a financial impact from the COVID-19 peacetime emergency, and not
just to those in industries specifically mentioned in the governor's executive orders. Of the
$50,000,000 appropriated:
new text end

new text begin (1) $11,000,000 is for making loans as specified in paragraph (c);
new text end

new text begin (2) $8,000,000 is for making loans as specified in paragraph (d); and
new text end

new text begin (3) $10,000,000 is for making loans as specified in paragraph (e).
new text end

new text begin (c) Loans under this paragraph are available only to businesses employing no more than
the equivalent of six full-time persons in Minnesota. The terms of these loans will be the
same as those under Executive Order 20-15, except that:
new text end

new text begin (1) the maximum loan amount is $15,000;
new text end

new text begin (2) payments on loans are deferred for 12 months instead of six; and
new text end

new text begin (3) up to 100 percent of the loan may be forgiven if the commissioner approves and the
business continues operating in the community at substantially the same levels for two years
following loan disbursement.
new text end

new text begin (d) Loans under this paragraph are available only to businesses employing the equivalent
of at least seven but not more than 20 full-time persons in Minnesota. The terms of these
loans will be the same as those under Executive Order 20-15, except that:
new text end

new text begin (1) the maximum loan amount is $20,000;
new text end

new text begin (2) payments on loans are deferred for 12 months instead of six; and
new text end

new text begin (3) up to an additional 25 percent of the loan may be forgiven if the commissioner
approves and the business continues operating in the community at substantially the same
levels for a third year following loan disbursement.
new text end

new text begin (e) Loans under this paragraph are available only to:
new text end

new text begin (1) minority business enterprises, as defined in Minnesota Statutes, section 116M.14,
subdivision 5; or
new text end

new text begin (2) operators of permanent indoor retail space that has a strong ethnic cultural orientation
and is leased primarily to very small businesses.
new text end

new text begin The terms of these loans will be the same as those under Executive Order 20-15, except
that for loans under clause (2):
new text end

new text begin (i) there is no maximum loan amount;
new text end

new text begin (ii) payments on loans are deferred for 12 months instead of six;
new text end

new text begin (iii) up to an additional 25 percent of the loan may be forgiven if the commissioner
approves and the business continues operating in the community at substantially the same
levels for a third year following loan disbursement, however, no part of the loan may be
forgiven unless the loan recipient has offered forgiveness of at least 50 percent of rent due
from existing vendors during the COVID-19 peacetime emergency; and
new text end

new text begin (iv) loan funds must be used primarily for maintaining existing vendors as tenants, such
as through full or partial forgiveness of rent during the COVID-19 peacetime emergency.
new text end

new text begin (f) The commissioner of management and budget must determine whether any of the
expenditures an appropriation is made for under this section is an eligible use of federal
funding received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act,
Public Law 116-136, title V. If the commissioner of management and budget determines
an expenditure is eligible for funding under title V of the CARES Act, the amount for the
eligible expenditure is appropriated from the account where CARES Act money has been
deposited and the corresponding amount appropriated under this section cancels to the
general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin APPROPRIATIONS GIVEN EFFECT ONCE.
new text end

new text begin If an appropriation in this act is enacted more than once in the 2020 regular legislative
session, the appropriation must be given effect only once.
new text end

ARTICLE 2

COVID-19 ECONOMIC SECURITY ACT:
GRANTS FOR BROADBAND AND TELEMEDICINE EQUIPMENT

Section 1. new text begin DISTANCE LEARNING BROADBAND ACCESS FUNDING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, "commissioner" means the
commissioner of education, and "school" means a school district, charter school, or
cooperative unit.
new text end

new text begin Subd. 2. new text end

new text begin Establishment; purpose. new text end

new text begin A distance learning broadband access funding program
is established in the Department of Education to provide wireless or wire-line broadband
access for a limited duration to students currently lacking Internet access so that the students
may participate in distance learning offered by school districts and charter schools during
the peacetime public health emergency period that relates to the infectious disease known
as COVID-19.
new text end

new text begin Subd. 3. new text end

new text begin Aid amount. new text end

new text begin Each school is eligible for onetime distance learning aid equal
to:
new text end

new text begin (1) the lesser of its actual expenditures under subdivision 4; or
new text end

new text begin (2) an allowance equal to the amount appropriated in section 3, paragraph (a), divided
by the statewide enrollment for fiscal year 2019 times the students enrolled in each school
during fiscal year 2019.
new text end

new text begin Subd. 4. new text end

new text begin Eligible expenditures. new text end

new text begin Aid received under this section must be used to:
new text end

new text begin (1) provide a student with the equipment necessary for the student to use a broadband
connection to access learning materials available on the Internet through a mobile wireless
or wire-line broadband connection;
new text end

new text begin (2) pay for actual costs incurred to provide emergency distance learning wireless or
wire-line broadband access during the 2019-2020 school year; and
new text end

new text begin (3) pay for the cost of wireless or wire-line broadband Internet access for households
with students that did not otherwise have Internet access before March 13, 2020, for the
2019-2020 school year.
new text end

new text begin Subd. 5. new text end

new text begin Schools to report expenditures. new text end

new text begin Every school that receives aid under this
section must submit a report to the commissioner of education by February 15, 2021,
documenting its expenditures and describing the onetime and permanent improvements
made to its distance learning access delivery system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin TELEMEDICINE EQUIPMENT REIMBURSEMENT GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Commissioner" means the commissioner of employment and economic development.
new text end

new text begin (c) "Telemedicine" has the meaning given in Minnesota Statutes, section 62A.671,
subdivision 9.
new text end

new text begin (d) "Telemedicine equipment" means multimedia communications equipment and
software that facilitates the delivery of telemedicine by a licensed health care provider.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin A grant program is established in the Department of
Employment and Economic Development to award grants to provide reimbursement to
grantees for the purchase and installation of telemedicine equipment in order to provide
health care services through telemedicine during the COVID-19 pandemic and to ensure
that necessary health care services continue to be accessible to patients during this pandemic.
new text end

new text begin Subd. 3. new text end

new text begin Eligible applicants. new text end

new text begin Eligible applicants include the following:
new text end

new text begin (1) community health clinics defined under Minnesota Statutes, section 145.9268, clause
(1);
new text end

new text begin (2) critical access hospitals described in Minnesota Statutes, section 144.1483, clause
(9);
new text end

new text begin (3) local public health departments as defined in Minnesota Statutes, chapter 145A;
new text end

new text begin (4) county boards as defined in Minnesota Statutes, chapter 375;
new text end

new text begin (5) individual or small group physician practices that are primarily focused on primary
care; and
new text end

new text begin (6) nursing facilities licensed under Minnesota Statutes, chapter 144A.
new text end

new text begin Subd. 4. new text end

new text begin Eligible expenditures. new text end

new text begin A grant may be used to reimburse the cost incurred by
a grantee for the purchase and installation of telemedicine equipment that enables the grantee
to provide health care services through telemedicine in response to the COVID-19 pandemic,
including the diagnosis and evaluation of patients for the COVID-19 disease during the
COVID-19 pandemic.
new text end

new text begin Subd. 5. new text end

new text begin Application; review. new text end

new text begin (a) An eligible applicant must submit a grant application
to the commissioner on a form prescribed by the commissioner. The application must
include, at a minimum:
new text end

new text begin (1) the amount of the grant requested and a description of the telemedicine equipment
for which the applicant is seeking reimbursement; and
new text end

new text begin (2) a description of the intended use of the telemedicine equipment.
new text end

new text begin (b) In developing the application, the commissioner shall consult with the commissioner
of health.
new text end

new text begin (c) The commissioner may award grants on a first-come, first-served basis, and, to the
extent practicable, priority must be given to applicants:
new text end

new text begin (1) serving uninsured, underinsured, and medically underserved individuals in either
rural or urban areas; or
new text end

new text begin (2) located in areas of the state where the commissioner of health has determined that
increasing telemedicine service capabilities would improve the quality of care, access,
patient safety, or community health during the COVID-19 pandemic.
new text end

new text begin Subd. 6. new text end

new text begin Limitation. new text end

new text begin The commissioner may establish a maximum amount for a grant
awarded under this section based on the number of applications received and the total
reimbursement amount requested.
new text end

new text begin Subd. 7. new text end

new text begin Assistance from other federal coronavirus-related sources. new text end

new text begin If a grantee
receives funds from a federal source related to coronavirus for telemedicine equipment
described in this section, the grantee must notify the commissioner of the amount received
from the federal source. If the commissioner determines that the total amount the grantee
received under this section and from the federal source exceeds the costs of the telemedicine
equipment, the commissioner must reduce the grant amount in this section so that the total
amount received does not exceed the cost of the equipment.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin (a) $15,000,000 in fiscal year 2020 is appropriated from the general fund to the
commissioner of employment and economic development for transfer to the commissioner
of education for emergency distance learning wireless or wire-line broadband access for
student grants for school districts and charter schools under section 1. Up to five percent of
the appropriation under this paragraph may be used to reimburse reasonable costs incurred
by the Department of Education to administer section 1. This is a onetime appropriation.
Any funds that remain unexpended on September 30, 2020, are canceled. By December 1,
2020, the commissioner of education must report to the legislature regarding the districts
and charter schools that received grants under section 1, the per-pupil amount for each grant,
and the number of students that were provided Internet access. The report must also identify
the costs to administer the grant program and the amount canceled.
new text end

new text begin (b) $2,000,000 in fiscal year 2020 is appropriated from the general fund to the
commissioner of employment and economic development to award grants for the purchase
of telemedicine equipment under section 2. Up to five percent of the appropriation under
this paragraph may be used to reimburse the reasonable costs incurred by the Department
of Employment and Economic Development to administer section 2. This is a onetime
appropriation. Any funds that remain unexpended on September 30, 2020, are canceled. By
December 31, 2020, the commissioner of employment and economic development must
report to the legislature regarding the number of applications received under section 2, the
number of grants awarded, the maximum and minimum grant amounts awarded, and the
mean and median grant amounts awarded. The report must also identify the costs to
administer the grant program and the amount canceled.
new text end

new text begin (c) $10,000,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of employment and economic development for deposit in the border-to-border
broadband fund account established in Minnesota Statutes, section 116J.396. The
appropriation must be used only to provide broadband service in unserved areas, except
that broadband infrastructure, as defined in Minnesota Statutes, section 116J.394, for that
purpose may be placed in underserved areas. Notwithstanding the limitation in Minnesota
Statutes, section 116J.395, subdivision 7, paragraph (a), the grants are available for 55
percent of total project cost if the grant is matched by ten percent or more from a nonstate
entity. The nonstate entity providing the match may include but is not limited to organized
townships, cities, counties, foundations, nonprofits, school districts, or higher education
institutions. This is a onetime appropriation.
new text end

new text begin (d) The commissioner of management and budget must determine whether any of the
expenditures an appropriation is made for under this section is an eligible use of federal
funding received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act,
Public Law 116-136, title V. If the commissioner of management and budget determines
an expenditure is eligible for funding under title V of the CARES Act, the amount for the
eligible expenditure is appropriated from the account where CARES Act money has been
deposited and the corresponding amount appropriated under this section cancels to the
general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 3

COVID-19 ECONOMIC SECURITY ACT:
HOUSING ASSISTANCE

Section 1. new text begin EVICTION NOTICE AND LATE FEES; STATE OF EMERGENCY.
new text end

new text begin (a) In the event of a public health emergency, as defined in paragraph (d), the following
actions are prohibited for residential landlords during the declaration of the public health
emergency:
new text end

new text begin (1) charging of late fees for the late payment of rent for the 90 days after the declaration;
and
new text end

new text begin (2) the termination or nonrenewal of a rental agreement.
new text end

new text begin (b) Upon the end of a public health emergency, as defined in paragraph (d), a landlord
may not file an eviction against a tenant except on 30 days' written notice, which may not
be given until after the moratorium period has expired.
new text end

new text begin (c) Nothing in this section reduces the rent owed by the tenant to the landlord, prevents
the landlord from collecting rent owed, reduces arrears owed by a tenant for rent, or alters
the terms of the lease between the landlord and tenant.
new text end

new text begin (d) For the purposes of this section, "public health emergency" means the peacetime
emergency declared by the governor on March 13, 2020, in Executive Order 20-01 in
response to COVID-19 or any other peacetime emergency declared by the governor by an
executive order that relates to COVID-19 issued before January 15, 2021.
new text end

new text begin (e) Upon a finding that the plaintiff has violated a provision of this section, the court
must dismiss the action and may not require the residential tenant as defined in section
504B.001, subdivision 12, to pay any filing fee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin FORECLOSURE; STATE OF EMERGENCY.
new text end

new text begin No notice of a pendency for a foreclosure by advertisement may be recorded and no
action may commence under Minnesota Statutes, chapter 580 or 581, and no vendor may
terminate a contract for deed during a declared public health emergency as defined in section
1, paragraph (d), except for an action necessary to protect holders of bonds issued under
Minnesota Statutes, chapter 462A. Nothing in this section alters the payments owed; any
other obligations under the mortgage, common interest community bylaws, or contract for
deed; or the pledge made by the state to holders of bonds issued under Minnesota Statutes,
chapter 462A. For the purposes of this section, "public health emergency" has the meaning
given in section 1, paragraph (d). This section applies to actions taken the day following
final enactment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin ASSISTANCE FRAUD.
new text end

new text begin Any person who, with the intent to defraud, presents a claim under section 4 or applies
for protection under section 1, 2, or 4, which is false in whole or in part, is guilty of an
attempt to commit theft of public or private funds and may be sentenced accordingly.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin 2020 EMERGENCY HOUSING ASSISTANCE GRANTS.
new text end

new text begin (a) $100,000,000 in fiscal year 2020 is appropriated from the general fund to the
commissioner of the Minnesota Housing Finance Agency for transfer to the housing
development fund for the family homeless prevention and assistance program under
Minnesota Statutes, section 462A.204. The agency may use grantees of the family homeless
prevention and assistance program, under Minnesota Statutes, section 462A.204, and the
grantees are preapproved to distribute money under this section. Notwithstanding the
requirements of Minnesota Statutes, sections 16C.06 and 462A.204, the commissioner of
the Minnesota Housing Finance Agency shall allocate these resources to existing grantees
and contract with other entities that are not current grantees based on homelessness prevention
needs. Entities may include counties, cities, nonprofit organizations, tribes, or other entities
the agency identifies. For purposes of this emergency appropriation, nonprofits do not need
to obtain sponsoring resolutions from counties as required under Minnesota Statutes, section
462A.204, subdivision 3. This appropriation is onetime and available until December 30,
2020. Funds not committed or expended by December 30, 2020, shall cancel to the general
fund.
new text end

new text begin (b) Funding under this section shall be for individuals, families, and homeowners in
Minnesota to prevent homelessness and the cost of expenses associated with the provision
of economic support in connection with the COVID-19 public health emergency consistent
with the requirements of this section. The commissioner may contract with county agencies,
local governments, tribes, or nonprofit organizations to provide funding and support services
to process applications for funding under this program. To be eligible for funding, applicants
must:
new text end

new text begin (1) have a rent payment, mortgage payment, homeowner association dues, lot rent due
to a manufactured home park, contract for deed payment, homeowner insurance payment,
property tax payment, or utility payment with a due date of March 1, 2020, or later, that is
past due or coming due within 15 days of the application for funding;
new text end

new text begin (2) be unable to pay the money owed as a direct or indirect result of the public health
emergency; and
new text end

new text begin (3) be a household with a current gross income at or below 300 percent of the federal
poverty guidelines at the time of application or as averaged over the previous 12 months,
whichever is lower.
new text end

new text begin (c) If an applicant applies for relief from sources other than the 2020 emergency housing
assistance grants and receives aid for the purposes of paying for housing, the applicant must
immediately notify the granting agency. Applicants may receive funding for rent, a mortgage,
homeowner association dues, contract for deed payment owed to a seller, homeowner
insurance or property tax payment owed for their home, rent due for a manufactured home,
or utility payment owed with a due date of March 1, 2020, or later, that is due within 14
days of the application or which are up to 45 days past due at the time of application.
new text end

new text begin (d) Once an application is approved, the assistance file may remain open to allow for
consideration of additional future assistance needs under this funding program resulting
from the public health emergency. The financial assistance provided for any individual or
family must not exceed the minimum payments owed.
new text end

new text begin (e) Funding under this section must be paid directly to:
new text end

new text begin (1) the landlord or leasing agent for a rental unit;
new text end

new text begin (2) the financial service for a mortgage or the entity who owns the mortgage for a
homeowner;
new text end

new text begin (3) the contract for deed vendor or seller;
new text end

new text begin (4) the purchase-money mortgagor;
new text end

new text begin (5) the manufactured home park cooperative, manufactured home owner, or park owner;
new text end

new text begin (6) the utility company; or
new text end

new text begin (7) any other identified entity to whom payment is owed.
new text end

new text begin (f) The commissioner may develop applications for the program and a process to oversee
grantees.
new text end

new text begin (g) Data submitted from benefits by an applicant to establish eligibility under this section
is subject to Minnesota Statutes, section 13.462.
new text end

new text begin (h) By October 15, 2021, the Minnesota Housing Finance Agency must submit a report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over housing finance with a summary of the performance of this program. To the extent
practicable, the report must contain the following information:
new text end

new text begin (1) the total number of applications received by grantees and the number of individuals
who would be assisted under this program;
new text end

new text begin (2) the total number of grants awarded to grantees and the number of individuals assisted
under this program;
new text end

new text begin (3) the total amount of grant funding awarded to grantees and individuals assisted under
this program;
new text end

new text begin (4) the mean and median grant amounts awarded to grantees and individuals assisted
under this program;
new text end

new text begin (5) a summary of the geographic distribution of grants awarded under this program; and
new text end

new text begin (6) a list of all entities contracted with to process applications under this program.
new text end

new text begin (i) For the purposes of this section, "public-health-related emergency" means:
new text end

new text begin (1) an illness, either of an individual or an individual's relative or household member,
related to COVID-19 that prevents the individual from maintaining employment temporarily
or permanently;
new text end

new text begin (2) the household is at or below 200 percent of the federal poverty guidelines and has
experienced a reduction in income or temporary or permanent unemployment as a direct or
indirect result of local, state, or federal actions related to COVID-19; or
new text end

new text begin (3) the household is at or below 300 percent of the federal poverty guidelines and has
experienced a reduction in income by 25 percent or more, or temporary or permanent
unemployment as a direct or indirect result of local, state, or federal actions related to
COVID-19.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin ALTERNATE APPROPRIATION.
new text end

new text begin The commissioner of management and budget must determine whether any of the
expenditures an appropriation is made for under section 4 is an eligible use of federal funding
received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public
Law 116-136, title V. If the commissioner of management and budget determines an
expenditure is eligible for funding under title V of the CARES Act, the amount for the
eligible expenditure is appropriated from the account where CARES Act money has been
deposited and the corresponding amount appropriated under section 4 cancels to the general
fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 4

COVID-19 ECONOMIC SECURITY ACT:
PERSONAL CARE ASSISTANTS

Section 1.

Minnesota Statutes 2019 Supplement, section 256B.0659, subdivision 11, is
amended to read:

Subd. 11.

Personal care assistant; requirements.

(a) A personal care assistant must
meet the following requirements:

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of
age with these additional requirements:

(i) supervision by a qualified professional every 60 days; and

(ii) employment by only one personal care assistance provider agency responsible for
compliance with current labor laws;

(2) be employed by a personal care assistance provider agency;

(3) enroll with the department as a personal care assistant after clearing a background
study. Except as provided in subdivision 11a, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study on
the personal care assistant under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:

(i) not disqualified under section 245C.14; or

(ii) disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;

(4) be able to effectively communicate with the recipient and personal care assistance
provider agency;

(5) be able to provide covered personal care assistance services according to the recipient's
personal care assistance care plan, respond appropriately to recipient needs, and report
changes in the recipient's condition to the supervising qualified professional or physician;

(6) not be a consumer of personal care assistance services;

(7) maintain daily written records including, but not limited to, time sheets under
subdivision 12;

(8) effective January 1, 2010, complete standardized training as determined by the
commissioner before completing enrollment. The training must be available in languages
other than English and to those who need accommodations due to disabilities. Personal care
assistant training must include successful completion of the following training components:
basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic
roles and responsibilities of personal care assistants including information about assistance
with lifting and transfers for recipients, emergency preparedness, orientation to positive
behavioral practices, fraud issues, and completion of time sheets. Upon completion of the
training components, the personal care assistant must demonstrate the competency to provide
assistance to recipients;

(9) complete training and orientation on the needs of the recipient; and

(10) be limited to providing and being paid for up to deleted text begin 275 deleted text end new text begin 310 new text end hours per month of personal
care assistance services regardless of the number of recipients being served or the number
of personal care assistance provider agencies enrolled with. The number of hours worked
per day shall not be disallowed by the department unless in violation of the law.

(b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).

(c) Persons who do not qualify as a personal care assistant include parents, stepparents,
and legal guardians of minors; spouses; paid legal guardians of adults; family foster care
providers, except as otherwise allowed in section 256B.0625, subdivision 19a; and staff of
a residential setting.

(d) Personal care assistance services qualify for the enhanced rate described in subdivision
17a if the personal care assistant providing the services:

(1) provides covered services to a recipient who qualifies for 12 or more hours per day
of personal care assistance services; and

(2) satisfies the current requirements of Medicare for training and competency or
competency evaluation of home health aides or nursing assistants, as provided in the Code
of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
training or competency requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2019 Supplement, section 256B.85, subdivision 16, is amended
to read:

Subd. 16.

Support workers requirements.

(a) Support workers shall:

(1) enroll with the department as a support worker after a background study under chapter
245C has been completed and the support worker has received a notice from the
commissioner that the support worker:

(i) is not disqualified under section 245C.14; or

(ii) is disqualified, but has received a set-aside of the disqualification under section
245C.22;

(2) have the ability to effectively communicate with the participant or the participant's
representative;

(3) have the skills and ability to provide the services and supports according to the
participant's CFSS service delivery plan and respond appropriately to the participant's needs;

(4) complete the basic standardized CFSS training as determined by the commissioner
before completing enrollment. The training must be available in languages other than English
and to those who need accommodations due to disabilities. CFSS support worker training
must include successful completion of the following training components: basic first aid,
vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and
responsibilities of support workers including information about basic body mechanics,
emergency preparedness, orientation to positive behavioral practices, orientation to
responding to a mental health crisis, fraud issues, time cards and documentation, and an
overview of person-centered planning and self-direction. Upon completion of the training
components, the support worker must pass the certification test to provide assistance to
participants;

(5) complete employer-directed training and orientation on the participant's individual
needs;

(6) maintain the privacy and confidentiality of the participant; and

(7) not independently determine the medication dose or time for medications for the
participant.

(b) The commissioner may deny or terminate a support worker's provider enrollment
and provider number if the support worker:

(1) does not meet the requirements in paragraph (a);

(2) fails to provide the authorized services required by the employer;

(3) has been intoxicated by alcohol or drugs while providing authorized services to the
participant or while in the participant's home;

(4) has manufactured or distributed drugs while providing authorized services to the
participant or while in the participant's home; or

(5) has been excluded as a provider by the commissioner of human services, or by the
United States Department of Health and Human Services, Office of Inspector General, from
participation in Medicaid, Medicare, or any other federal health care program.

(c) A support worker may appeal in writing to the commissioner to contest the decision
to terminate the support worker's provider enrollment and provider number.

(d) A support worker must not provide or be paid for more than deleted text begin 275 deleted text end new text begin 310 new text end hours of CFSS
per month, regardless of the number of participants the support worker serves or the number
of agency-providers or participant employers by which the support worker is employed.
The department shall not disallow the number of hours per day a support worker works
unless it violates other law.

(e) CFSS qualify for an enhanced rate if the support worker providing the services:

(1) provides services, within the scope of CFSS described in subdivision 7, to a participant
who qualifies for 12 or more hours per day of CFSS; and

(2) satisfies the current requirements of Medicare for training and competency or
competency evaluation of home health aides or nursing assistants, as provided in the Code
of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
training or competency requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin TEMPORARY ALLOWANCE OF PERSONAL CARE ASSISTANCE
COMPENSATION FOR SERVICES PROVIDED BY A PARENT OR SPOUSE.
new text end

new text begin Notwithstanding Minnesota Statutes, section 256B.0659, subdivisions 3, paragraph (a),
clause (1); 11, paragraph (c); and 19, paragraph (b), clause (3), during a peacetime emergency
declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an
outbreak of COVID-19, a parent, stepparent, or legal guardian of a minor who is a personal
care assistance recipient or a spouse of a personal care assistance recipient may provide and
be paid for providing personal care assistance services. This section expires January 31,
2021, or 60 days after the peacetime emergency declared by the governor under Minnesota
Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19, is terminated or
rescinded by proper authority, whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment or
upon federal approval, whichever is later. The commissioner of human services shall notify
the revisor of statutes when federal approval is obtained.
new text end

Sec. 4. new text begin APPROPRIATION; PERSONAL CARE ASSISTANCE TEMPORARY
RATE INCREASE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Commissioner" means the commissioner of human services.
new text end

new text begin (c) "Covered program" has the meaning given in Minnesota Statutes, section 256B.0711,
subdivision 1, paragraph (b).
new text end

new text begin (d) "Direct support professional" means an individual employed to personally provide
personal care assistance services covered by medical assistance under Minnesota Statutes,
section 256B.0625, subdivisions 19a and 19c; or to personally provide medical assistance
services covered under Minnesota Statutes, sections 256B.0913, 256B.092, 256B.49, or
chapter 256S. Direct support professional does not include managerial or administrative
staff who do not personally provide the services described in this paragraph.
new text end

new text begin (e) "Direct support services" has the meaning given in Minnesota Statutes, section
256B.0711, subdivision 1, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Temporary rates for direct support services. new text end

new text begin (a) To respond to the infectious
disease known as COVID-19, the commissioner must temporarily increase rates and enhanced
rates by 15 percent for direct support services provided under a covered program or under
Minnesota Statutes, section 256B.0659, while this section is effective.
new text end

new text begin (b) Providers that receive a rate increase under this section must use at least 80 percent
of the additional revenue to increase wages, salaries, and benefits for personal care assistants,
and any corresponding increase in the employer's share of FICA taxes, Medicare taxes, state
and federal unemployment taxes, and workers' compensation premiums; and any remainder
of the additional revenue for activities and items necessary to support compliance with
Centers for Disease Control and Prevention guidance on sanitation and personal protective
equipment.
new text end

new text begin Subd. 3. new text end

new text begin Capitation rates and directed payments. new text end

new text begin (a) To implement the temporary
rate increase under this section, managed care plans and county-based purchasing plans
shall increase rates and enhanced rates by 15 percent for the direct support services.
new text end

new text begin (b) In combination with contract amendments instructing plans to increase reimbursement
rates for direct support services, the commissioner shall adjust capitation rates paid to
managed care plans and county-based purchasing plans as needed to maintain managed
care plans' expected medical loss ratios.
new text end

new text begin (c) Contracts between managed care plans and providers and between county-based
purchasing plans and providers must allow recovery of payments from providers if federal
approval for the provisions of this subdivision is not received and the commissioner reduces
capitation payments as a result. Payment recoveries must not exceed the amount equal to
any decrease in rates that results from this paragraph.
new text end

new text begin Subd. 4. new text end

new text begin Consumer-directed community supports budgets. new text end

new text begin Lead agencies shall
temporarily increase the budget for each recipient of consumer-directed community supports
to reflect a 15 percent rate increase for direct support services.
new text end

new text begin Subd. 5. new text end

new text begin Consumer support grants; increased maximum allowable grant. new text end

new text begin The
commissioner shall temporarily increase the maximum allowable monthly grant level for
each recipient of consumer support grants to reflect a 15 percent rate increase for direct
support services.
new text end

new text begin Subd. 6. new text end

new text begin Distribution plans. new text end

new text begin (a) A provider agency or individual provider that receives
a rate increase under subdivision 2 shall prepare, and upon request submit to the
commissioner, a distribution plan that specifies the anticipated amount and proposed uses
of the additional revenue the provider will receive under subdivision 2.
new text end

new text begin (b) By August 15, 2020, the provider must post the distribution plan for a period of at
least six weeks in an area of the provider's operation to which all direct support professionals
have access. The provider must post with the distribution plan instructions on how to file
an appeal with the commissioner if direct support professionals do not believe they have
received the wage increase or benefits specified in the distribution plan. The instructions
must include a mailing address, electronic address, and telephone number that the direct
support professional may use to contact the commissioner or the commissioner's
representative.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin This section expires January 31, 2021, or 60 days after the peacetime
emergency declared by the governor in an executive order that relates to the infectious
disease known as COVID-19 is terminated or rescinded by proper authority, whichever is
earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment or
upon federal approval, whichever is later. The commissioner of human services shall notify
the revisor of statutes when federal approval is obtained.
new text end

Sec. 5. new text begin APPROPRIATION; PERSONAL CARE ASSISTANCE.
new text end

new text begin (a) $43,000 in fiscal year 2020 and $26,170,000 in fiscal year 2021 are appropriated
from the general fund to the commissioner of human services to implement the personal
care assistance provisions in this act. This is a onetime appropriation.
new text end

new text begin (b) The commissioner of management and budget must determine whether any
expenditure for which an appropriation is made under this section is an eligible use of federal
funding received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act,
Public Law 116-136, Title V. If the commissioner of management and budget determines
an expenditure is eligible for funding under Title V of the CARES Act, the amount for the
eligible expenditure is appropriated from the account where CARES Act money has been
deposited and the corresponding amount appropriated under this section cancels to the
general fund.
new text end