as introduced - 91st Legislature, 2020 3rd Special Session (2020 - 2020) Posted on 08/12/2020 12:00pm
A bill for an act
relating to human services; modifying customized living quality improvement
grants; extending portions of a COVID-19 peacetime emergency modification to
economic assistance program application requirements; establishing retention and
public health grants; appropriating money; amending Laws 2019, First Special
Session chapter 9, article 4, section 28; article 14, section 2, subdivision 27; Laws
2020, First Special Session chapter 7, section 1, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Laws 2019, First Special Session chapter 9, article 4, section 28, is amended
to read:
(a) The commissioner of human services shall develop incentive-based grants to deleted text begin be
available during fiscal years 2020 and 2021 only for elderly waiverdeleted text end new text begin providers of new text end customized
living deleted text begin service providersdeleted text end new text begin services under the brain injury, community access for disability
inclusion, and elderly waivers new text end for achieving outcomes specified in a contract. The
commissioner may solicit proposals from providers and implement those that, on a
competitive basis, best meet the state's policy objectivesdeleted text begin , givingdeleted text end new text begin . Until June 30, 2021, the
commissioner shall givenew text end preference to providers that serve at least 75 percent elderly waiver
participantsnew text begin .
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(b) Effective July 1, 2021, to be eligible for a grant under this section, a provider must
serve at least 75 waiver participants, and at least 75 percent of the clients served by the
provider must be waiver participants. For providers of customized living services under the
brain injury or community access for disability inclusion, the required 75 waiver participants
must reside at multiple locations each with six or more residents. The commissioner shall
give greater preference to those providers serving a higher percentage of waiver participants.
new text end
new text begin (c) new text end The commissioner shall limit expenditures under this subdivision to the amount
appropriated for this purpose.
deleted text begin (b)deleted text end new text begin (d)new text end In establishing the specified outcomes and related criteria, the commissioner shall
consider the following state policy objectives:
(1) provide more efficient, higher quality services;
(2) encourage home and community-based services providers to innovate;
(3) equip home and community-based services providers with organizational tools and
expertise to improve their quality;
(4) incentivize home and community-based services providers to invest in better services;
and
(5) disseminate successful performance improvement strategies statewide.
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This section is effective the day following final enactment.
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Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 27,
is amended to read:
Subd. 27.Grant Programs; Aging and Adult
|
32,311,000 |
32,495,000 |
Incentive-Based Grants for Customized
Living Service Providers. $500,000 in fiscal
year 2020 and $500,000 in fiscal year 2021
are for incentive-based grants to new text begin brain injury,
community access for disability inclusion, and
new text end elderly waiver customized living service
providers under deleted text begin article 4, section 28deleted text end new text begin Minnesota
Statutes, section 256.479new text end .
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This section is effective the day following final enactment.
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Laws 2020, First Special Session chapter 7, section 1, subdivision 2, is amended
to read:
When the peacetime
emergency declared by the governor in response to the COVID-19 outbreak expires, is
terminated, or is rescinded by the proper authority, the following waivers and modifications
to human services programs issued by the commissioner of human services pursuant to
Executive Orders 20-11 and 20-12, including any amendments to the waivers or modifications
issued before the peacetime emergency expires, shall remain in effect until June 30, 2021,
unless necessary federal approval is not received at any time for a waiver or modification:
(1) CV15: allowing phone or video visits for waiver programs;
(2) CV16: expanding access to telemedicine services for Children's Health Insurance
Program, Medical Assistance, and MinnesotaCare enrollees;
(3) CV21: allowing telemedicine alternative for school-linked mental health services
and intermediate school district mental health services;
(4) CV24: allowing phone or video use for targeted case management visits;
(5) CV30: expanding telemedicine in health care, mental health, and substance use
disorder settings;
(6) CV31: allowing partial waiver of county cost when COVID-19 delays discharges
from DHS-operated psychiatric hospitals;
(7) CV38: allowing flexibility in housing licensing requirements;
(8) CV43: expanding remote home and community-based services waiver services;
(9) CV44: allowing remote delivery of adult day services;
(10) CV45: modifying certain licensing requirements for substance use disorder treatment,
except that the extension shall be limited to the portions of this modification requiring
programs to become and remain familiar with Minnesota Department of Health and Centers
for Disease Control and Prevention guidance on COVID-19; requiring programs to follow
Minnesota Department of Health and Centers for Disease Control and Prevention guidance
specific to the situation and program capabilities if a person receiving services or a staff
person tests positive for COVID-19; permitting programs to temporarily suspend group
counseling or limit attendance at sessions when unable to accommodate requirements for
social distancing and community mitigation; permitting comprehensive assessments to be
completed by telephone or video communication; permitting a counselor, recovery peer, or
treatment coordinator to provide treatment services from their home by telephone or video
communication to a client in their home; permitting programs to follow the Substance Abuse
and Mental Health Services Administration guidelines as directed by the State Opioid
Treatment Authority within the Department of Human Services Behavioral Health division
to allow for an increased number of take-home doses in accordance with an assessment
conducted under Minnesota Statutes, section 245G.22, subdivision 6; removing the
requirement for opioid treatment programs to conduct outreach activities in the community;
and permitting programs to document a client's verbal approval of a treatment plan instead
of requiring the client's signature;
(11) CV49: modifying certain license requirements for adult day services;
(12) CV50: modifying certain requirements for early intensive developmental and
behavioral intervention (EIDBI) services;
(13) CV53: allowing flexibility for personal care assistance service oversight, except
that the portion of this modification permitting personal care assistance workers to bill 310
hours per month shall expire upon the expiration of the peacetime emergency; deleted text begin and
deleted text end
(14) CV64: modifying certain certification requirements for mental health centers, except
that the extension shall be limited to the portions of this modification requiring programs
to become and remain familiar with Minnesota Department of Health and Centers for Disease
Control and Prevention guidance on COVID-19; requiring programs to follow Minnesota
Department of Health and Centers for Disease Control and Prevention guidance specific to
the situation and program capabilities if a person receiving services or a staff person tests
positive for COVID-19; permitting alternative mental health professional supervision of
clinical services at satellite locations; permitting an alternative process for case consultation
meetings; and permitting mental health professionals to provide required client-specific
supervisory contact by telephone or video communication instead of face-to-face supervisionnew text begin ;
and
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new text begin (15) CV03: suspending application requirements for economic assistance programs,
except that the extension shall be limited to the portions of this modification allowing remote
interviews for the Minnesota family investment program, and allowing the use of electronic
signatures for enrollment verification. Verbal signatures shall not be permitted for enrollment
verificationnew text end .
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This section is effective the day following final enactment.
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The commissioner of human services may request a 1915(c), appendix K waiver
amendment, or any other federal waiver related to the federal public health emergency for
COVID-19, to provide emergency funding to home and community-based providers to
address the effects of the public health emergency on providers.
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This section is effective the day following final enactment.
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(a) $20,305,000 in fiscal year 2021 is appropriated from
the coronavirus relief fund to the commissioner of human services for retention grants to
eligible providers as defined in subdivision 2 to assist providers: (1) with the costs of business
interruptions caused by required closures due to the COVID-19 pandemic; and (2) to help
ensure access to eligible services during or following the COVID-19 pandemic.
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(b) The commissioner may use up to $125,000 of this appropriation to administer this
grant.
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(c) Beginning October 31, 2020, any unencumbered appropriations may be used for
disability services provider COVID-19-related public health grants.
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(d) This is a onetime appropriation and is available until December 5, 2020.
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(a) For purposes of this section, the following terms have the
meanings given.
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(b) "Eligible provider" means either an enrolled provider who provides either eligible
services, as defined in paragraph (c), clauses (1) or (2), and meets the attestation and
agreement requirements in subdivisions 5 and 6; or an agency, as defined in Minnesota
Statutes, section 256B.0949, subdivision 2, paragraph (b), who provides eligible services
as defined in paragraph (c), clause (3), and meets the attestation and agreement requirements
in subdivisions 5 and 6.
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(c) "Eligible services" means the following services:
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(1) adult day services, day training and habilitation, day support services, prevocational
services, and structured day services provided by the home and community-based waiver
programs under Minnesota Statutes, sections 256B.0913, 256B.092, and 256B.49, and
Minnesota Statutes, chapter 256S;
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(2) employment exploration services, employment development services, and employment
support services provided by the home and community-based waiver programs under
Minnesota Statutes, sections 256B.092 and 256B.49; and
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(3) early intensive developmental and behavioral interventions under Minnesota Statutes,
section 256B.0949.
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(d) "Fixed costs" means costs determined by the commissioner that do not fluctuate with
changes in service provision. Eligible fixed costs under this section are costs similar to costs
considered in the rate methodology component values under Minnesota Statutes, section
256B.4914, subdivision 5, paragraph (d), clauses (7) and (8); paragraph (e), clauses (7) and
(8); paragraph (f), clauses (7) and (8); and subdivision 7, clause (11).
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(e) "Total revenue from medical assistance" includes both fee-for-service revenue and
revenue from managed care organizations. The commissioner shall determine each provider's
total revenue from medical assistance for eligible services provided during January 2020,
based on data for service claims paid as of August 1, 2020.
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Grantees must use funds awarded under this section
for fixed costs incurred due to the COVID-19 pandemic from March 1, 2020, through
December 30, 2020, associated with maintaining the provider's capacity to provide services.
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Eligible providers must request a grant under this section no
later than September 15, 2020. The commissioner shall develop an expedited request process
that includes a form allowing providers to meet the requirements of subdivisions 5 and 6
in as timely a manner as possible. The commissioner shall allow the use of electronic
submission of request forms and accept electronic signatures.
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As a condition of obtaining funds under this section, an eligible
provider must attest to the following on the grant request form:
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(1) the intent to provide eligible services under this section through December 31, 2020;
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(2) unreimbursed costs incurred between March 1, 2020, and December 30, 2020, related
to COVID-19-related business interruptions caused by required closures, reduced capacity
to promote social distancing measures, or reduced demand for services;
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(3) revenue losses experienced between March 1, 2020, and August 31, 2020, due to
the COVID-19 pandemic that resulted in monthly fixed costs incurred exceeding monthly
revenue; and
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(4) without additional funds, the provider will be unable to maintain the continuity of
the services provided.
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As a condition of obtaining funds under this section, an eligible
provider must agree to the following on the grant request form:
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(1) cooperate with the commissioner of human services to deliver services according to
the program and service waivers and modifications issued under the commissioner's authority;
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(2) maintain documentation sufficient to demonstrate the unreimbursed costs required
in order to receive a grant under this section; and
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(3) acknowledge that retention grants may be subject to a special recoupment under this
section if a state audit performed under this section determines that the provider used awarded
funds for purposes not authorized under this section.
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(a) No later than September 30, 2020, the commissioner
shall begin issuing retention grants to eligible providers in an amount equal to 66 percent
of the provider's total revenue from medical assistance for eligible services provided during
January 2020.
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(b) The commissioner, acting under the governor's authority under Minnesota Statutes,
section 12.36, shall implement retention grants and the process of making grants under this
subdivision without compliance with time-consuming procedures and formalities prescribed
in law such as the following statutes and related policies: Minnesota Statutes, sections
16A.15, subdivision 3; 16B.97; 16B.98, subdivisions 5 and 7; and 16B.98, subdivision 8,
the express audit clause requirement.
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(c) By accepting a grant under this subdivision, the grantee attests to the conditions
specified in subdivisions 5 and 6.
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(d) The commissioner's determination of the grant amount determined under this
subdivision is final and is not subject to appeal. This paragraph does not apply to recoupment
by the commissioner under subdivision 9.
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Providers who receive grants under this
section may continue to bill for services provided.
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(a) The commissioner may perform an audit under this section
up to six years after the grant is awarded to ensure the funds are utilized solely for the
purposes stated in subdivision 1.
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(b) If the commissioner determines that a provider used awarded funds for purposes not
authorized under this section, the commissioner shall treat any amount used for a purpose
not authorized under this section as an overpayment. The commissioner shall recover any
overpayment.
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This section expires December 30, 2020, except for subdivision
9.
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This section is effective the day following final enactment.
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(a) $10,125,000 in fiscal year 2021 is appropriated from
the coronavirus relief fund to the commissioner of human services for COVID-19-related
public health grants to eligible providers under subdivision 3 who have implemented or
intend to implement COVID-19-related public health measures that facilitate social distancing
practices that align with the most current social distancing guidelines issued by the United
States Centers for Disease Control and Prevention (CDC) and are in accordance with the
federal Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136, and
related guidance.
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(b) The commissioner may use up to $125,000 of this appropriation to administer this
grant.
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(c) This is a onetime appropriation.
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Grants under this section are established to reduce the risk of exposure
to and transmission of COVID-19 to people with disabilities and staff who support them
by maintaining or increasing utilization of individualized day or employment services and
reducing utilization of congregate and sheltered workshop settings.
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(a) For purposes of this section, the following terms have the
meanings given.
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(b) "Eligible provider" means an enrolled provider who provides eligible services and
who meets the attestation and application requirements in subdivisions 5 and 6.
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(c) "Eligible services" means the following services:
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(1) day training and habilitation, day support services, prevocational services, and
structured day services provided by the home and community-based waiver programs under
Minnesota Statutes, sections 256B.092 and 256B.49; and
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(2) employment exploration services, employment development services, and employment
support services provided by the home and community-based waiver programs under
Minnesota Statutes, sections 256B.092 and 256B.49.
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(a) Grants must be used to reduce the risk of exposure
to and transmission of COVID-19 to people with disabilities and staff who support them
by maintaining or increasing access to individualized employment services and reducing
the use of congregate and sheltered workshop service settings. Funds must be used in
accordance with the federal Coronavirus Aid, Relief, and Economic Security Act, Public
Law 116-136, and guidance from the United States Department of the Treasury. Funds may
be used for:
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(1) expenses incurred as a result of actions to facilitate compliance with
COVID-19-related public health measures, such as the provision of services in settings that
optimize social distancing and health and safety precautions for people with disabilities and
staff who support them;
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(2) expenses to facilitate and ensure the availability of individualized services to enable
compliance with COVID-19 public health precautions; and
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(3) other activities as determined by the commissioner that align with the purpose in
subdivision 2 and are in accordance with the federal Coronavirus Aid, Relief, and Economic
Security Act, Public Law 116-136, and related guidance.
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As a condition of applying for and accepting public health grants
under this section, each provider must attest in writing that the provider:
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(1) has or will have unreimbursed costs that are greater than or equal to grant awards
under this section related to actions to facilitate compliance with COVID-19-related public
health measures, such as the provision of services in settings that optimize social distancing
and health and safety precautions for people with disabilities and staff who support them;
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(2) agrees to return any funds determined by the commissioner to be ineligible uses
according to the federal Coronavirus Aid, Relief, and Economic Security Act, Public Law
116-136, and related guidance; and
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(3) will maintain documentation sufficient to demonstrate the unreimbursed costs required
in order to receive a grant under this section.
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(a) The commissioner, acting under the governor's authority under
Minnesota Statutes, section 12.36, shall develop an expedited application process and process
for issuing grants under this section notwithstanding time-consuming procedures and
formalities prescribed in law such as the following statutes and related policies: Minnesota
Statutes, sections 16A.15, subdivision 3; 16B.97; 16B.98, subdivisions 5 and 7; and 16B.98,
subdivision 8, the express audit clause requirement. The application and related processes
must be consistent with allowable uses of funds under subdivision 4. The commissioner
shall allow applicants to submit applications electronically and shall accept electronic
signatures.
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(b) Eligible providers must apply for a grant under this section no later than November
15, 2020.
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(a) Beginning October 31, 2020, the commissioner shall award
grants under this section to eligible providers who meet the attestation and application
requirements under subdivisions 5 and 6.
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(b) The commissioner may make public health grants in an amount determined by the
commissioner and based on each grantee's application, up to a maximum grant amount of
$200,000.
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(c) Notwithstanding paragraph (b), if funds are available after all eligible providers have
received a grant, the commissioner may award additional grant funds to providers who have
already received the $200,000 maximum grant amount.
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(d) If applications for grants exceed the available appropriations, the commissioner shall
give priority to grant applications from providers whose applications demonstrate the most
need or the most robust plan to ensure people have opportunities to participate in day or
employment services that are not provided in a facility or sheltered or work crew setting.
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(e) The commissioner's determination of the grant amount is final and not subject to
appeal. This paragraph does not apply to recoupment by the commissioner under subdivision
8.
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(a) The commissioner may perform an audit under this section
up to six years after the grant contract expires to ensure the funds are utilized solely for the
purposes stated in subdivision 4.
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(b) If the commissioner determines that a provider used awarded funds for purposes not
authorized under this section, the commissioner shall treat any amount used for a purpose
not authorized under this section as an overpayment. The commissioner shall recover any
overpayment. All money recovered by the commissioner under this subdivision must be
deposited in the federal fund.
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The commissioner shall develop a reporting process for public
health grants under this section. Each provider receiving funds under this section shall report
to the commissioner by March 1, 2021, with a description of how the funds were utilized.
By August 1, 2021, the commissioner shall report to the legislative committees with
jurisdiction over human services policy and finance the total funds allocated to providers,
uses of the funds, outcomes measured, people impacted, and other measures determined by
the commissioner.
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Subdivisions 1 to 7 expire December 30, 2020, or on a date
determined by the United States Department of Treasury, whichever is later. Subdivision
9 expires August 1, 2021, or on the date the commissioner submits the report required under
subdivision 9, whichever is later.
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This section is effective the day following final enactment.
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The revisor of statutes shall codify Laws 2019, First Special Session chapter 9, article
4, section 28, as amended in this act, as Minnesota Statutes, section 256.479.
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This section is effective the day following final enactment.
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