Minnesota Legislature
HF 3161
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to human services; clarifying certain rate adjustments; amending
Minnesota Statutes 2005 Supplement, section 256B.5012, subdivision 6; Laws
2005, First Special Session chapter 4, article 7, section 55.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2005 Supplement, section 256B.5012, subdivision 6,
is amended to read:
Subd. 6.
ICF/MR rate increases October 1, 2005, and October 1, 2006.
(a) For
the rate periods beginning October 1, 2005, and October 1, 2006, the commissioner shall
make available to each facility reimbursed under this section an adjustment to the total
operating payment rate of 2.2553 percent.
(b) 75 percent of the money resulting from the rate adjustment under paragraph (a)
must be used to increase wages and benefits and pay associated costs for deleted text begin alldeleted text end employees,
except for administrative and central office employees. 75 percent of the money received
by a facility as a result of the rate adjustment provided in paragraph (a) must be used only
for wage, benefit, and staff increases implemented on or after the effective date of the rate
increase each year, and must not be used for increases implemented prior to that date.new text begin The
wage adjustment eligible employees may receive may vary based on merit, seniority, or
other factors determined by the provider.
new text end
(c) For each facility, the commissioner shall make available an adjustmentnew text begin , based
on occupied beds, new text end using the percentage specified in paragraph (a) multiplied by the total
payment rate, new text begin including variable rate but new text end excluding the property-related payment rate, in
effect on the preceding day. The total payment rate shall include the adjustment provided
in section 256B.501, subdivision 12.
(d) A facility whose payment rates are governed by closure agreements, receivership
agreements, or Minnesota Rules, part 9553.0075, is not eligible for an adjustment
otherwise granted under this subdivision.
(e) A facility may apply for the portion of the payment rate adjustment provided
under paragraph (a) for employee wages and benefits and associated costs. The application
must be made to the commissioner and contain a plan by which the facility will distribute
the funds according to paragraph (b). For facilities in which the employees are represented
by an exclusive bargaining representative, an agreement negotiated and agreed to by the
employer and the exclusive bargaining representative constitutes the plan. A negotiated
agreement may constitute the plan only if the agreement is finalized after the date of
enactment of all rate increases for the rate year. The commissioner shall review the plan to
ensure that the payment rate adjustment per diem is used as provided in this subdivision.
To be eligible, a facility must submit its plan by March 31, 2006, and December 31,
2006, respectively. If a facility's plan is effective for its employees after the first day of
the applicable rate period that the funds are available, the payment rate adjustment per
diem is effective the same date as its plan.
(f) A copy of the approved distribution plan must be made available to all employees
by giving each employee a copy or by posting it in an area of the facility to which all
employees have access. If an employee does not receive the wage and benefit adjustment
described in the facility's approved plan and is unable to resolve the problem with the
facility's management or through the employee's union representative, the employee
may contact the commissioner at an address or telephone number provided by the
commissioner and included in the approved plan.
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.
Laws 2005, First Special Session chapter 4, article 7, section 55, is amended to
read:
Sec. 55. COMMUNITY SERVICES PROVIDER RATE INCREASES
(a) The commissioner of human services shall increase reimbursement rates or
rate limits, as applicable, by 2.2553 percent for the rate period beginning October 1,
2005, and the rate period beginning October 1, 2006, effective for services rendered on
or after those dates.
(b) The 2.2553 percent annual rate increase described in this section must be
provided to:
(1) home and community-based waivered services for persons with mental
retardation or related conditionsnew text begin , including consumer directed community supports, new text end under
Minnesota Statutes, section 256B.501;
(2) home and community-based waivered services for the elderly under Minnesota
Statutes, section 256B.0915;
(3) waivered services under community alternatives for disabled individuals under
Minnesota Statutes, section 256B.49;
(4) community alternative care waivered servicesnew text begin , including consumer directed
community supports, new text end under Minnesota Statutes, section 256B.49;
(5) traumatic brain injury waivered servicesnew text begin , including consumer directed
community supports, new text end under Minnesota Statutes, section 256B.49;
(6) nursing services and home health services under Minnesota Statutes, section
256B.0625, subdivision 6a;
(7) personal care services and nursing supervision of personal care services under
Minnesota Statutes, section 256B.0625, subdivision 19a;
(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
subdivision 7;
(9) day training and habilitation services for adults with mental retardation or related
conditions under Minnesota Statutes, sections 252.40 to 252.46;
(10) alternative care services under Minnesota Statutes, section 256B.0913;
(11) adult residential program grants under Minnesota Rules, parts 9535.2000 to
9535.3000;
(12) adult and family community support grants under Minnesota Rules, parts
9535.1700 to 9535.1760;
(13) the group residential housing supplementary service rate under Minnesota
Statutes, section 256I.05, subdivision 1a;
(14) adult mental health integrated fund grants under Minnesota Statutes, section
245.4661;
(15) semi-independent living services under Minnesota Statutes, section 252.275,
including SILS funding under county social services grants formerly funded under
Minnesota Statutes, chapter 256I;
(16) community support services for deaf and hard-of-hearing adults with mental
illness who use or wish to use sign language as their primary means of communication;
(17) living skills training programs for persons with intractable epilepsy who need
assistance in the transition to independent living;
(18) physical therapy services under sections 256B.0625, subdivision 8, and
256D.03, subdivision 4;
(19) occupational therapy services under sections 256B.0625, subdivision 8a, and
256D.03, subdivision 4;
(20) speech-language therapy services under section 256D.03, subdivision 4, and
Minnesota Rules, part 9505.0390; and
(21) respiratory therapy services under section 256D.03, subdivision 4, and
Minnesota Rules, part 9505.0295.
new text begin (c) For services funded through Minnesota disability health options, the rate increase
under this section shall apply to all medical assistance payments, including former group
residential housing supplementary rates under Minnesota Statutes, chapter 256I.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Providers that receive a rate increase under this section shall use 75 percent
of the additional revenue to increase wages and benefits and pay associated costs for deleted text begin alldeleted text end
employees, except for management fees, the administrator, and central office staffs.new text begin The
wage adjustment eligible employees may receive may vary based on merit, seniority, or
other factors determined by the provider.new text end
deleted text begin (d)deleted text end new text begin (e)new text end For public employees, the increase for wages and benefits for certain staff is
available and pay rates shall be increased only to the extent that they comply with laws
governing public employees collective bargaining. Money received by a provider for pay
increases under this section may be used only for increases implemented on or after the
first day of the rate period in which the increase is available and must not be used for
increases implemented prior to that date.
deleted text begin (e)deleted text end new text begin (f) new text end A copy of the provider's plan for complying with paragraph deleted text begin (c)deleted text end new text begin (d)new text end must be
made available to all employees by giving each employee a copy or by posting a copy in
an area of the provider's operation to which all employees have access. If an employee
does not receive the adjustment, if any, described in the plan and is unable to resolve the
problem with the provider, the employee may contact the employee's union representative.
If the employee is not covered by a collective bargaining agreement, the employee may
contact the commissioner at a telephone number provided by the commissioner and
included in the provider's plan.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end