HF 1812

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/20/2023 07:18pm

A bill for an act
relating to human services; amending Minnesota Statutes 2022, section 256I.04,
subdivision 3.

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

Section 1.

Minnesota Statutes 2022, section 256I.04, subdivision 3, is amended to read:

Subd. 3.

Moratorium on development of housing support beds.

(a) Agencies shall
not enter into agreements for new housing support beds with total rates in excess of the
MSA equivalent rate except:

(1) for establishments licensed under chapter 245D provided the facility is needed to
meet the census reduction targets for persons with developmental disabilities at regional
treatment centers;

(2) up to 80 beds in a single, specialized facility located in Hennepin County that will
provide housing for chronic inebriates who are repetitive users of detoxification centers and
are refused placement in emergency shelters because of their state of intoxication, and
planning for the specialized facility must have been initiated before July 1, 1991, in
anticipation of receiving a grant from the Housing Finance Agency under section 462A.05,
subdivision 20a, paragraph (b);

(3) notwithstanding the provisions of subdivision 2a, for up to deleted text begin 226 deleted text end new text begin 500 new text end supportive
housing units in Anoka, new text begin Carver, new text end Dakota, Hennepin, deleted text begin or deleted text end Ramsey new text begin , Scott, or Washington new text end County
for homeless adults with a new text begin disability, including but not limited to new text end mental illness, a history
of substance abuse, or human immunodeficiency virus or acquired immunodeficiency
syndrome. For purposes of this deleted text begin section deleted text end new text begin clause new text end , "homeless adult" means a person who is new text begin (i)
new text end living on the street or in a shelter or new text begin (ii) new text end discharged from a regional treatment center,
community hospital, or residential treatment program and has no appropriate housing
available and lacks the resources and support necessary to access appropriate housing. deleted text begin At
least 70 percent of the supportive housing units must serve homeless adults with mental
illness, substance abuse problems, or human immunodeficiency virus or acquired
immunodeficiency syndrome who are about to be or, within the previous six months, have
been discharged from a regional treatment center, or a state-contracted psychiatric bed in
a community hospital, or a residential mental health or substance use disorder treatment
program. deleted text end If a person meets the requirements of subdivision 1, paragraph (a) new text begin or (b) new text end , and
receives a federal or state housing subsidy, the housing support rate for that person is limited
to the supplementary rate under section 256I.05, subdivision 1a deleted text begin , and is determined by
subtracting the amount of the person's countable income that exceeds the MSA equivalent
rate from the housing support supplementary service rate. deleted text end A resident in a demonstration
project site who no longer participates in the demonstration program shall retain eligibility
for a housing support payment in an amount determined under section 256I.06, subdivision
8, using the MSA equivalent rate. deleted text begin Service funding under section 256I.05, subdivision 1a,
will end June 30, 1997, if federal matching funds are available and the services can be
provided through a managed care entity. If federal matching funds are not available, then
service funding will continue under section 256I.05, subdivision 1a deleted text end new text begin The appropriation under
this clause must include administrative funding equal to the cost of two full-time equivalent
employees to process eligibility. The commissioner must disburse administrative funding
to the fiscal agent for the counties under this clause new text end ;

(4) for an additional two beds, resulting in a total of 32 beds, for a facility located in
Hennepin County providing services for men with and recovering from substance use
disorder that has had a housing support contract with the county and has been licensed as
a board and lodge facility with special services since 1980;

(5) for a housing support provider located in the city of St. Cloud, or a county contiguous
to the city of St. Cloud, that operates a 40-bed facility, that received financing through the
Minnesota Housing Finance Agency Ending Long-Term Homelessness Initiative and serves
clientele with substance use disorder, providing 24-hour-a-day supervision;

(6) for a new 65-bed facility in Crow Wing County that will serve persons with substance
use disorder, operated by a housing support provider that currently operates a 304-bed
facility in Minneapolis, and a 44-bed facility in Duluth;

(7) for a housing support provider that operates two ten-bed facilities, one located in
Hennepin County and one located in Ramsey County, that provide community support and
24-hour-a-day supervision to serve the mental health needs of individuals who have
chronically lived unsheltered; and

(8) for a facility authorized for recipients of housing support in Hennepin County with
a capacity of up to 48 beds that has been licensed since 1978 as a board and lodging facility
and that until August 1, 2007, operated as a licensed substance use disorder treatment
program.

(b) An agency may enter into a housing support agreement for beds with rates in excess
of the MSA equivalent rate in addition to those currently covered under a housing support
agreement if the additional beds are only a replacement of beds with rates in excess of the
MSA equivalent rate which have been made available due to closure of a setting, a change
of licensure or certification which removes the beds from housing support payment, or as
a result of the downsizing of a setting authorized for recipients of housing support. The
transfer of available beds from one agency to another can only occur by the agreement of
both agencies.