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HF 499

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to human services; providing reimbursement 
  1.3             increases to certain health care providers; 
  1.4             authorizing pay increases for certain employees; 
  1.5             appropriating money. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [PROVIDER RATE INCREASES.] 
  1.8      Subdivision 1.  [ANNUAL RATE INCREASES; 
  1.9   LIMITATIONS.] Except as limited by section 2, the commissioner 
  1.10  of human services shall increase reimbursement rates as provided 
  1.11  in this section each year of the biennium ending June 30, 2001.  
  1.12  The increases shall be effective for services rendered on or 
  1.13  after July 1 of each year. 
  1.14     Subd. 2.  [METHODOLOGY.] On July 1, 1999, and July 1, 2000, 
  1.15  the commissioner shall increase reimbursement or allocation 
  1.16  rates by an amount equal to (1) an amount necessary to increase 
  1.17  wages paid to nonadministrative staff by five percent, plus (2) 
  1.18  the percentage change in the Consumer Price Index-All Items 
  1.19  (United States City average) (CPI-U) for the fiscal year 
  1.20  beginning July 1, as forecasted by Data Resources, Inc., in the 
  1.21  fourth quarter of the calendar year prior to the start of each 
  1.22  fiscal year, and county boards shall adjust provider contracts 
  1.23  as needed. 
  1.24     Subd. 3.  [COVERED PROVIDERS.] The rate increases described 
  1.25  in this section shall be provided to home and community-based 
  2.1   waivered services for persons with mental retardation or related 
  2.2   conditions under Minnesota Statutes, section 256B.501; home and 
  2.3   community-based waivered services for the elderly under 
  2.4   Minnesota Statutes, section 256B.0915; alternative care waivered 
  2.5   services under Minnesota Statutes, section 256B.49; traumatic 
  2.6   brain injury waivered services under Minnesota Statutes, section 
  2.7   256B.49; nursing services and home health services under 
  2.8   Minnesota Statutes, section 256B.0625, subdivision 6a; personal 
  2.9   care services and nursing supervision of personal care services 
  2.10  under Minnesota Statutes, section 256B.0625, subdivision 19a; 
  2.11  private-duty nursing services under Minnesota Statutes, section 
  2.12  256B.0625, subdivision 7; day training and habilitation services 
  2.13  for adults with mental retardation or related conditions under 
  2.14  Minnesota Statutes, sections 252.40 to 252.46; physical therapy 
  2.15  services under Minnesota Statutes, sections 256B.0625, 
  2.16  subdivision 8, and 256D.03, subdivision 4; occupational therapy 
  2.17  services under Minnesota Statutes, sections 256B.0625, 
  2.18  subdivision 8a, and 256D.03, subdivision 4; speech-language 
  2.19  therapy services under Minnesota Statutes, section 256D.03, 
  2.20  subdivision 4, and Minnesota Rules, part 9505.0390; respiratory 
  2.21  therapy services under Minnesota Statutes, section 256D.03, 
  2.22  subdivision 4, and Minnesota Rules, part 9505.0295; dental 
  2.23  services under Minnesota Statutes, sections 256B.0625, 
  2.24  subdivision 9, and 256D.03, subdivision 4; alternative care 
  2.25  services under Minnesota Statutes, section 256B.0913; adult 
  2.26  residential program grants under Minnesota Rules, parts 
  2.27  9535.2000 to 9535.3000; adult and family community support 
  2.28  grants under Minnesota Rules, parts 9535.1700 to 9535.1760; 
  2.29  semi-independent living services under Minnesota Statutes, 
  2.30  section 252.275, including SILS funding under county social 
  2.31  services grants formerly funded under Minnesota Statutes, 
  2.32  chapter 256I; day treatment under Minnesota Rules, part 
  2.33  9505.0323; the skills training component of (a) family community 
  2.34  support services under Minnesota Statutes, section 256B.0625, 
  2.35  subdivisions 5 and 35, (b) therapeutic support of foster care 
  2.36  under Minnesota Statutes, section 256B.0625, subdivisions 5 and 
  3.1   36, and (c) home-based treatment under Minnesota Rules, part 
  3.2   9505.0324; community support services for deaf and 
  3.3   hard-of-hearing adults with mental illness who use or wish to 
  3.4   use sign language as their primary means of communication; 
  3.5   nursing facility services under Minnesota Statutes, sections 
  3.6   256B.431 and 256B.434; intermediate care facilities for persons 
  3.7   with mental retardation under Minnesota Statutes, section 
  3.8   256B.501; and the group residential housing supplementary rate 
  3.9   under Minnesota Statutes, section 256I.05, subdivision 1a. 
  3.10     Subd. 4.  [CAPITATED RATES.] Effective January 1, 2000, and 
  3.11  January 1, 2001, the commissioner shall increase capitation 
  3.12  rates in the prepaid medical assistance program, prepaid general 
  3.13  assistance medical care program, and prepaid MinnesotaCare 
  3.14  program as necessary to reflect the rate increases in this 
  3.15  section. 
  3.16     Subd. 5.  [EMPLOYEE WAGE INCREASES.] In order to qualify 
  3.17  for the rate increases identified for employee wage increases in 
  3.18  subdivision 2, providers listed in subdivision 3 must increase 
  3.19  wages paid to nonadministrative employees by five percent each 
  3.20  year of the biennium.  A provider listed in subdivision 3 may 
  3.21  apply for the salary adjustment under subdivision 2.  The 
  3.22  application must be made to the commissioner and contain a plan 
  3.23  by which the provider will distribute the salary adjustment to 
  3.24  nonadministrative employees.  For providers whose employees are 
  3.25  represented by an exclusive bargaining representative, an 
  3.26  agreement negotiated and agreed to by the employer and the 
  3.27  exclusive bargaining representative, after July 1, 1999, or July 
  3.28  1, 2000, may constitute the plan for the salary distribution.  
  3.29  The commissioner shall review the plan to ensure that the salary 
  3.30  adjustment is used solely to increase the wages of provider 
  3.31  nonadministrative employees.  To be eligible, a provider must 
  3.32  submit its plan for the salary distribution by December 31, 
  3.33  1999, and December 31, 2000.  If a provider's plan for salary 
  3.34  distribution is effective for its employees after July 1, 1999, 
  3.35  or July 1, 2000, the salary adjustment shall be effective the 
  3.36  same date as its plan. 
  4.1      Subd. 6.  [NOTIFICATION FROM COMMISSIONER.] By June 1, 
  4.2   1999, and June 1, 2000, the commissioner shall notify all 
  4.3   providers in each provider category listed in subdivision 3 of: 
  4.4   (1) the availability of money under subdivision 2 to increase 
  4.5   wages paid to nonadministrative staff by five percent; and (2) 
  4.6   the requirements in subdivision 5 that must be met by providers 
  4.7   in order to receive funds for the salary increase. 
  4.8      Sec. 2.  [CERTAIN RATE INCREASES FOR FIRST YEAR ONLY.] 
  4.9      Rates increases under section 1 for nursing facilities 
  4.10  under Minnesota Statutes, sections 256B.431 and 256B.434, shall 
  4.11  be provided on July 1, 1999, but not on July 1, 2000.  Rate 
  4.12  increases for intermediate care facilities for persons with 
  4.13  mental retardation under Minnesota Statutes, section 256B.501, 
  4.14  shall be provided on October 1, 1999, but not on October 1, 2000.
  4.15  Rate increases for nursing facilities and intermediate care 
  4.16  facilities for persons with mental retardation under section 1 
  4.17  replace any other rate increases these facilities may otherwise 
  4.18  receive during the fiscal year beginning July 1, 1999, under 
  4.19  Minnesota Statutes, sections 256B.431, 256B.434, and 256B.501. 
  4.20     Sec. 3.  [EFFECTIVE DATE.] 
  4.21     Section 1, subdivision 6, is effective the day following 
  4.22  final enactment.