HF 2516

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/16/2023 05:19pm

A bill for an act
relating to human services; modifying component values and payment rates for
personal care assistance services and community first services and supports;
amending Minnesota Statutes 2022, section 256B.851, subdivisions 5, 6.

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

Section 1.

Minnesota Statutes 2022, section 256B.851, subdivision 5, is amended to read:

Subd. 5.

Payment rates; component values.

(a) The commissioner must use the
following component values:

(1) employee vacation, sick, and training factor, 8.71 percent;

(2) employer taxes and workers' compensation factor, 11.56 percent;

(3) employee benefits factor, 12.04 percent;

(4) client programming and supports factor, 2.30 percent;

(5) program plan support factor, 7.00 percent;

(6) general business and administrative expenses factor, 13.25 percent;

(7) program administration expenses factor, 2.90 percent; and

(8) absence and utilization factor, 3.90 percent.

(b) For purposes of implementation, the commissioner shall use the following
implementation components:

(1) deleted text begin personal care assistance services and CFSS: 75.45 percent; deleted text end new text begin beginning January 1,
2024: 88.19 percent; and
new text end

(2) deleted text begin enhanced rate personal care assistance services and enhanced rate CFSS: 75.45
percent; and deleted text end new text begin beginning January 1, 2025: 92.10 percent.
new text end

deleted text begin (3) qualified professional services and CFSS worker training and development: 75.45
percent.
deleted text end

new text begin (c) Beginning January 1, 2025, the commissioner shall use the following worker retention
components:
new text end

new text begin (1) for workers who have provided fewer than 1,001 cumulative hours in personal care
assistance services or CFSS, the worker retention component is 1.0 percent;
new text end

new text begin (2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal
care assistance services or CFSS, the worker retention component is 1.0217 percent;
new text end

new text begin (3) for workers who have provided between 2,001 and 6,000 cumulative hours in personal
care assistance services or CFSS, the worker retention component is 1.0436 percent;
new text end

new text begin (4) for workers who have provided between 6,001 and 10,000 cumulative hours in
personal care assistance services or CFSS, the worker retention component is 1.0735 percent;
and
new text end

new text begin (5) for workers who have provided more than 10,000 hours in personal care assistance
services or CFSS, the worker retention component is 1.1081 percent.
new text end

new text begin (d) The commissioner shall define the appropriate worker retention component based
on the total number of units billed for services rendered by the individual provider since
July 1, 2017. The worker retention component must be determined by the commissioner
for each individual provider and is not subject to appeal.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to paragraph (b) are effective January 1, 2024,
or ninety days after federal approval, whichever is later. Paragraphs (c) and (d) are effective
January 1, 2025, or ninety days after 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. 2.

Minnesota Statutes 2022, section 256B.851, subdivision 6, is amended to read:

Subd. 6.

Payment rates; rate determination.

(a) The commissioner must determine
the rate for personal care assistance services, CFSS, extended personal care assistance
services, extended CFSS, enhanced rate personal care assistance services, enhanced rate
CFSS, qualified professional services, and CFSS worker training and development as
follows:

(1) multiply the appropriate total wage component value calculated in subdivision 4 by
one plus the employee vacation, sick, and training factor in subdivision 5;

(2) for program plan support, multiply the result of clause (1) by one plus the program
plan support factor in subdivision 5;

(3) for employee-related expenses, add the employer taxes and workers' compensation
factor in subdivision 5 and the employee benefits factor in subdivision 5. The sum is
employee-related expenses. Multiply the product of clause (2) by one plus the value for
employee-related expenses;

(4) for client programming and supports, multiply the product of clause (3) by one plus
the client programming and supports factor in subdivision 5;

(5) for administrative expenses, add the general business and administrative expenses
factor in subdivision 5, the program administration expenses factor in subdivision 5, and
the absence and utilization factor in subdivision 5;

(6) divide the result of clause (4) by one minus the result of clause (5). The quotient is
the hourly rate;

(7) multiply the hourly rate by the appropriate implementation component under
subdivision 5. This is the adjusted hourly rate; deleted text begin and
deleted text end

(8) divide the adjusted hourly rate by four. The quotient is the total adjusted payment
rate deleted text begin . deleted text end new text begin ; and
new text end

new text begin (9) multiply the total adjusted payment rate by the appropriate staff retention component
under subdivision 5, paragraph (b). This is the final payment rate.
new text end

(b) The commissioner must publish the total deleted text begin adjusted deleted text end new text begin final new text end payment rates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, or ninety days after
federal approval, whichever is later. The commissioner of human services shall notify the
revisor of statutes when federal approval is obtained.
new text end