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HF 33

as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/20/2020 10:55am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; establishing retention grants for certain disability
service providers; modifying customized living quality improvement grants;
extending portions of a COVID-19 peacetime emergency modification to economic
assistance program application requirements; 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:

Section 1.

Laws 2019, First Special Session chapter 9, article 4, section 28, is amended
to read:


Sec. 28. deleted text beginDIRECTION TO COMMISSIONER; ELDERLY WAIVERdeleted text end CUSTOMIZED
LIVING deleted text beginSERVICE PROVIDERSdeleted text endnew text begin QUALITY IMPROVEMENT GRANTSnew text end.

(a) The commissioner of human services shall develop incentive-based grants to deleted text beginbe
available during fiscal years 2020 and 2021 only for elderly waiver
deleted text end new text beginproviders of new text endcustomized
living deleted text beginservice providersdeleted text end new text beginservices under the brain injury, community access for disability
inclusion, and elderly waivers
new text endfor 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 endnew text begin. Until June 30, 2021, the
commissioner shall give
new text end preference to providers that serve at least 75 percent elderly waiver
participantsnew text begin.
new text end

new text begin (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 endThe commissioner shall limit expenditures under this subdivision to the amount
appropriated for this purpose.

deleted text begin (b)deleted text endnew 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 2.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 27,
is amended to read:


Subd. 27.

Grant Programs; Aging and Adult
Services Grants

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 beginbrain injury,
community access for disability inclusion, and
new text end elderly waiver customized living service
providers under deleted text beginarticle 4, section 28deleted text endnew text begin Minnesota
Statutes, section 256.479
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 3.

Laws 2020, First Special Session chapter 7, section 1, subdivision 2, is amended
to read:


Subd. 2.

Waivers and modifications; extension to June 30, 2021.

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 beginand
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
new text end

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
verification
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 beginAPPROPRIATION; COVID-19-RELATED RETENTION GRANTS FOR
DISABILITY SERVICE PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $53,000,000 in fiscal year 2021 is appropriated from
the coronavirus relief fund to the commissioner of human services for retention grants under
this section to eligible providers as defined under subdivision 2 to assist providers with the
costs of business interruptions caused by required closures, by reduced capacity to promote
social distancing measures, or by reduced demand for services due to the COVID-19
pandemic, and to help ensure the continuity of the disability services infrastructure and
prevent its failure during or following the COVID-19 pandemic. The appropriation in this
section is effective the day following final enactment. The commissioner may use up to
$1,000,000 of this appropriation to administer the grants. This is a onetime appropriation
and is available until December 5, 2020. Any unexpended balance on December 5, 2020,
cancels to the coronavirus relief fund.
new text end

new text begin Subd. 2. new text end

new text begin Eligible services and providers. new text end

new text begin Enrolled providers of the following eligible
services are eligible for retention grants under this section:
new text end

new text begin (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.092 and 256B.49, and Minnesota Statutes,
chapter 256S;
new text end

new text begin (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;
new text end

new text begin (3) children's therapeutic services and supports under Minnesota Statutes, section
256B.0943;
new text end

new text begin (4) early intensive developmental and behavioral intervention under Minnesota Statutes,
section 256B.0949; and
new text end

new text begin (5) nonemergency medical transportation services under Minnesota Statutes, section
256B.0625, subdivision 17, except for nonemergency medical transportation provided by
public transit or not-for-hire vehicles.
new text end

new text begin Subd. 3. new text end

new text begin Allowable uses of funds. new text end

new text begin Grantees must use funds awarded under this section
for costs associated with maintaining the provider's capacity to provide services to the
provider's clients during or following the COVID-19 pandemic.
new text end

new text begin Subd. 4. new text end

new text begin Emergency initial retention grants. new text end

new text begin (a) Notwithstanding subdivisions 5 and
6, beginning August 1, 2020, and until the commissioner implements the monthly application
process described in subdivision 5 and begins awarding retention grants under subdivision
6, the commissioner shall make emergency initial retention grants monthly to all eligible
providers. The commissioner shall determine which enrolled providers qualify under
subdivision 2.
new text end

new text begin (b) The commissioner shall award emergency initial retention grants under this
subdivision in an amount equal to 25 percent of the provider's total revenue from medical
assistance for eligible services provided during January 2020. For the purposes of this
section, "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 the most recent data available to the commissioner.
new text end

new text begin (c) Emergency initial retention grants and the process of making grants under this
subdivision are exempt from 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.
new text end

new text begin (d) By accepting an emergency initial retention grant under this subdivision, the grantee
agrees to the conditions specified in subdivision 8 and the implied audit authority under
Minnesota Statutes, section 16B.98, subdivision 8. The commissioner shall develop an
expedited method of recording acknowledgment of acceptance of these conditions.
new text end

new text begin (e) If during any month the available appropriation is insufficient to make grants required
under this subdivision, the commissioner shall make the monthly grant under this subdivision
on a pro rata basis.
new text end

new text begin Subd. 5. new text end

new text begin Application. new text end

new text begin (a) The commissioner shall develop an application form and
monthly application process for retention grants under this section. An applicant must
provide and attest to the following information in the application:
new text end

new text begin (1) eligibility for existing state COVID-19-related emergency funding, including other
COVID-19-related grants or small business loans;
new text end

new text begin (2) the value of any emergency initial retention grants awarded to the provider under
subdivision 4, for the month for which a grant is requested;
new text end

new text begin (3) the value of any rate increases for eligible medical assistance services or grants
provided by managed care organizations;
new text end

new text begin (4) anticipated revenue for eligible services provided during the month for which a grant
is requested;
new text end

new text begin (5) how the applicant anticipates using the grant within the allowable uses;
new text end

new text begin (6) the month or months for which a grant is requested;
new text end

new text begin (7) the requested grant amount;
new text end

new text begin (8) an explanation of how the grant will allow the applicant to maintain the continuity
of the disability services infrastructure and prevent its failure during or following the
COVID-19 pandemic; and
new text end

new text begin (9) other information deemed necessary by the commissioner to evaluate grant
applications.
new text end

new text begin (b) An eligible provider may use a single application to apply for a retention grant
covering more than one prior month.
new text end

new text begin (c) An applicant may request a monthly grant amount no greater than 50 percent of the
provider's total revenue from medical assistance for eligible services provided during January
2020, minus:
new text end

new text begin (1) the value of any emergency initial retention grants awarded for the month for which
a grant is requested;
new text end

new text begin (2) the value of any rate increases for eligible services or grants provided by managed
care organizations; and
new text end

new text begin (3) the product of the provider's anticipated total revenue from medical assistance for
the month for which a grant is requested multiplied by the provider's anticipated revenue
ratio. A provider's anticipated revenue ratio is equal to the provider's anticipated total revenue
from medical assistance for eligible services provided during the month for which a grant
is requested divided by the provider's total revenue from medical assistance for eligible
services provided during January 2020.
new text end

new text begin (d) To avoid the reimbursement requirement under subdivision 9, the provider may
subtract the value of additional state COVID-19-related grants or small business loans from
the value of a grant request determined under paragraph (c). If the value of the additional
state COVID-19-related grants or small business loans exceeds the value of a grant request
determined under paragraph (c), the balance of the value of the additional state
COVID-19-related grants or small business loans carries forward to the next month for
which a grant is requested.
new text end

new text begin Subd. 6. new text end

new text begin Allocation of retention grants. new text end

new text begin (a) The commissioner may make retention
grants for the months of April 2020 to December 2020.
new text end

new text begin (b) Monthly retention grants must be equal to either 50 percent of the grantee's medical
assistance revenue for eligible services provided during January 2020, minus the value of
any emergency initial retention grants awarded under subdivision 4 for the same month, or
the amount requested, whichever is less.
new text end

new text begin (c) If during any month the available appropriation is insufficient to make grants required
under this subdivision, the commissioner shall make the monthly grant under this subdivision
on a pro rata basis.
new text end

new text begin Subd. 7. new text end

new text begin Payments for services provided. new text end

new text begin Providers who receive grants under this
section may continue to bill for services provided.
new text end

new text begin Subd. 8. new text end

new text begin Condition of accepting emergency retention grants. new text end

new text begin As a condition of
accepting retention grants under this section, an eligible provider must agree in writing to:
new text end

new text begin (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
temporary authority;
new text end

new text begin (2) plan, prepare, and implement, in a manner consistent with state policy as articulated
in Minnesota Statutes, section 256B.4905, changes to the provider's business practices to
reduce the provision of services in congregate settings to mitigate the exposure of service
recipients to SARS-CoV-2;
new text end

new text begin (3) notify the commissioner of human services of any additional state COVID-19-related
funding received, including other COVID-19-related grants or small business loans;
new text end

new text begin (4) repay retention grants as required by subdivision 9 from any COVID-19-related state
funding, excluding the unforgiven portion of any COVID-19-related loans;
new text end

new text begin (5) acknowledge that retention grants may be subject to recoupment if a state audit
determines that the provider received additional state COVID-19-related emergency funding
from the state; and
new text end

new text begin (6) acknowledge that retention grants may be subject to a special recoupment under this
section if a state audit performed under this section determines that inappropriate billing or
duplicate payments for services occurred or that the provider used awarded funds for purposes
not authorized under this section.
new text end

new text begin Subd. 9. new text end

new text begin Assistance from other source. new text end

new text begin If a provider receives any additional
COVID-19-related state funding, the provider must notify the commissioner of human
services of the amount received. From the additional COVID-19-related state funds received,
excluding the unforgiven portion of any COVID-19-related loans and the amounts subtracted
from grant requests under subdivision 5, the provider must reimburse the commissioner for
the grants the provider received under subdivision 6 in an amount equal to either the amount
of the grant received under subdivision 6 or the aggregate amount of the additional
COVID-19-related funding received from the state, minus the unforgiven portion of any
COVID-19-related loans, whichever is less. All money paid to the commissioner under this
subdivision must be deposited in the coronavirus relief fund.
new text end

new text begin Subd. 10. new text end

new text begin Recoupment. new text end

new text begin (a) The commissioner may perform an audit under this section
for up to six years after the grant contract expires to ensure the funds are utilized solely for
the purposes stated in subdivision 1.
new text end

new text begin (b) If the commissioner determines that the provider received additional
COVID-19-related state funding and failed to reimburse the commissioner as required under
subdivision 9, or that the provider used awarded funds for purposes not authorized under
this section, the commissioner shall treat any amount not reimbursed as required under
subdivision 9 and 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 coronavirus relief fund.
new text end

new text begin Subd. 11. new text end

new text begin Expiration. new text end

new text begin Except for subdivisions 9 and 10, this section expires January
31, 2021, unless another date is specified in this section.
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 beginREVISOR INSTRUCTION.
new text end

new text begin 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end