Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 733

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 07:01pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11
1.12 1.13 1.14 1.15 1.16 1.17 1.18
1.19 1.20 1.21
1.22 1.23 1.24 2.1 2.2 2.3
2.4 2.5 2.6
2.7 2.8 2.9 2.10 2.11 2.12
2.13 2.14 2.15
2.16 2.17 2.18 2.19 2.20
2.21 2.22 2.23
2.24 2.25 2.26 2.27 2.28 2.29
3.1 3.2 3.3
3.4 3.5 3.6 3.7 3.8 3.9
3.10 3.11 3.12
3.13 3.14 3.15 3.16 3.17
3.18 3.19 3.20
3.21 3.22 3.23 3.24 3.25
3.26 3.27 3.28
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8
4.9 4.10 4.11
4.12 4.13 4.14 4.15 4.16 4.17
4.18 4.19 4.20
4.21 4.22 4.23 4.24 4.25
4.26 4.27 4.28
4.29 4.30 4.31 5.1 5.2 5.3
5.4 5.5 5.6
5.7 5.8 5.9 5.10 5.11
5.12 5.13 5.14
5.15 5.16 5.17 5.18 5.19
5.20 5.21 5.22
5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32
7.1 7.2 7.3
7.4 7.5 7.6 7.7 7.8 7.9
7.10 7.11 7.12
7.13 7.14 7.15 7.16 7.17 7.18 7.19
7.20 7.21 7.22
7.23 7.24 7.25 7.26 7.27
7.28 7.29 7.30
8.1 8.2 8.3 8.4 8.5
8.6 8.7 8.8
8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16
8.17 8.18 8.19 8.20
8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18
10.19 10.20 10.21
10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21
11.22 11.23 11.24
11.25 11.26
11.27 11.28 11.29

A bill for an act
relating to human services; modifying nursing facility payment rates; modifying
elderly waiver rates; modifying payment rates for customized living services
provided under certain disability waivers; modifying payment rates for
home-delivered meals under the disability waivers; appropriating money; amending
Minnesota Statutes 2022, sections 256B.4912, by adding a subdivision; 256R.02,
subdivisions 16, 24, 26, 29, 34, by adding subdivisions; 256R.23, subdivisions 2,
3; 256R.24, subdivision 1; 256R.25; 256S.201, subdivision 3; 256S.21; 256S.211,
by adding a subdivision; 256S.213, subdivision 1; repealing Minnesota Statutes
2022, section 256S.2101.

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

Section 1.

Minnesota Statutes 2022, section 256B.4912, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Rates established by the commissioner. new text end

new text begin For home-delivered meals eligible
for reimbursement under the developmental disabilities waiver, the brain injury waiver, the
community alternative care waiver, and the community access for disability inclusion waiver,
the commissioner must establish rates equal to the rates for home-delivered meals established
under section 256S.215, subdivision 15.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, or upon federal approval,
whichever occurs 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 256R.02, subdivision 16, is amended to read:


Subd. 16.

Dietary costs.

"Dietary costs" means the costs for deleted text beginthe salaries and wages of
the dietary supervisor, dietitians, chefs, cooks, dishwashers, and other employees assigned
to the kitchen and dining room, and associated fringe benefits and payroll taxes. Dietary
costs also includes
deleted text end the salaries or fees of dietary consultants, dietary supplies, and food
preparation and serving.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 3.

Minnesota Statutes 2022, section 256R.02, is amended by adding a subdivision to
read:


new text begin Subd. 16a. new text end

new text begin Dietary labor costs. new text end

new text begin "Dietary labor costs" means the costs for the salaries
and wages of the dietary supervisor, dietitians, chefs, cooks, dishwashers, contracted dietary
employees, and other employees assigned to the kitchen and dining room and associated
fringe benefits and payroll taxes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 4.

Minnesota Statutes 2022, section 256R.02, subdivision 24, is amended to read:


Subd. 24.

Housekeeping costs.

"Housekeeping costs" means deleted text beginthe costs for the salaries
and wages of the housekeeping supervisor, housekeepers, and other cleaning employees
and associated fringe benefits and payroll taxes. It also includes
deleted text end the cost of housekeeping
supplies, includingdeleted text begin,deleted text end but not limited todeleted text begin,deleted text end cleaning and lavatory supplies and contract services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 5.

Minnesota Statutes 2022, section 256R.02, is amended by adding a subdivision to
read:


new text begin Subd. 24a. new text end

new text begin Housekeeping labor costs. new text end

new text begin "Housekeeping labor costs" means the costs for
the salaries and wages of the housekeeping supervisor, housekeepers, contracted
housekeeping employees, and other cleaning employees and associated fringe benefits and
payroll taxes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 6.

Minnesota Statutes 2022, section 256R.02, is amended by adding a subdivision to
read:


new text begin Subd. 25b. new text end

new text begin Known cost change factor. new text end

new text begin "Known cost change factor" means 1.00 plus
the forecasted percentage change in the CPI-U index from July 1 of the reporting period to
July 1 of the rate year as determined by the national economic consultant used by the
commissioner of management and budget.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 7.

Minnesota Statutes 2022, section 256R.02, subdivision 26, is amended to read:


Subd. 26.

Laundry costs.

"Laundry costs" means the costs deleted text beginfor the salaries and wages
of the laundry supervisor and other laundry employees, associated fringe benefits, and
payroll taxes. It also includes the costs
deleted text end of linen and bedding, the laundering of resident
clothing, laundry supplies, and contract services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 8.

Minnesota Statutes 2022, section 256R.02, is amended by adding a subdivision to
read:


new text begin Subd. 26a. new text end

new text begin Laundry labor costs. new text end

new text begin "Laundry labor costs" means the costs for the salaries
and wages of the laundry supervisor, contracted laundry employees, and other laundry
employees and associated fringe benefits and payroll taxes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 9.

Minnesota Statutes 2022, section 256R.02, subdivision 29, is amended to read:


Subd. 29.

Maintenance and plant operations costs.

"Maintenance and plant operations
costs" means deleted text beginthe costs for the salaries and wages of the maintenance supervisor, engineers,
heating-plant employees, and other maintenance employees and associated fringe benefits
and payroll taxes. It also includes
deleted text end identifiable costs for maintenance and operation of the
building and grounds, includingdeleted text begin,deleted text end but not limited todeleted text begin,deleted text end fuel, electricity, plastic waste bags,
medical waste and garbage removal, water, sewer, supplies, tools, repairs, and minor
equipment not requiring capitalization under Medicare guidelines.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 10.

Minnesota Statutes 2022, section 256R.02, is amended by adding a subdivision
to read:


new text begin Subd. 29a. new text end

new text begin Maintenance and plant operations labor costs. new text end

new text begin "Maintenance and plant
operations labor costs" means the costs for the salaries and wages of the maintenance
supervisor, engineers, heating-plant employees, and other maintenance employees and
associated fringe benefits and payroll taxes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 11.

Minnesota Statutes 2022, section 256R.02, subdivision 34, is amended to read:


Subd. 34.

Other care-related costs.

"Other care-related costs" means the sum of activities
costs, other direct care costs, raw food costs,new text begin dietary labor costs, housekeeping labor costs,
laundry labor costs, maintenance and plant operations labor costs,
new text end therapy costs, and social
services costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 12.

Minnesota Statutes 2022, section 256R.23, subdivision 2, is amended to read:


Subd. 2.

Calculation of direct care cost per standardized day.

Each facility's direct
care cost per standardized day isnew text begin calculated as follows: (1) multiplynew text end the facility's direct care
costs deleted text begindivideddeleted text endnew text begin and the known cost change factor; and (2) divide the result of clause (1)new text end by
the sum of the facility's standardized days. A facility's direct care cost per standardized day
is the facility's cost per day for direct care services associated with a case mix index of 1.00.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 13.

Minnesota Statutes 2022, section 256R.23, subdivision 3, is amended to read:


Subd. 3.

Calculation of other care-related cost per resident day.

Each facility's other
care-related cost per resident day is deleted text beginitsdeleted text endnew text begin calculated as follows: (1) multiply the facility'snew text end other
care-related costsdeleted text begin, divideddeleted text endnew text begin and the known cost change factor; and (2) divide the result of
clause (1)
new text end by the sum of the facility's resident days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 14.

Minnesota Statutes 2022, section 256R.24, subdivision 1, is amended to read:


Subdivision 1.

Determination of other operating cost per day.

Each facility's other
operating cost per day is deleted text beginitsdeleted text endnew text begin calculated as follows: (1) multiply the facility'snew text end other operating
costs deleted text begindivideddeleted text endnew text begin and the known cost change factor; and (2) divide the result of clause (1)new text end by
the sum of the facility's resident days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 15.

Minnesota Statutes 2022, section 256R.25, is amended to read:


256R.25 EXTERNAL FIXED COSTS PAYMENT RATE.

(a) The payment rate for external fixed costs is the sum of the amounts in paragraphs
(b) to (o).

(b) For a facility licensed as a nursing home, the portion related to the provider surcharge
under section 256.9657 is equal to $8.86 per resident day. For a facility licensed as both a
nursing home and a boarding care home, the portion related to the provider surcharge under
section 256.9657 is equal to $8.86 per resident day multiplied by the result of its number
of nursing home beds divided by its total number of licensed beds.

(c) The portion related to the licensure fee under section 144.122, paragraph (d), is the
amount of the fee divided by the sum of the facility's resident days.

(d) The portion related to development and education of resident and family advisory
councils under section 144A.33 is $5 per resident day divided by 365.

(e) The portion related to scholarships is determined under section 256R.37.

(f) The portion related to planned closure rate adjustments is as determined under section
256R.40, subdivision 5, and Minnesota Statutes 2010, section 256B.436.

(g) The portion related to consolidation rate adjustments shall be as determined under
section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d.

(h) The portion related to single-bed room incentives is as determined under section
256R.41.

(i) The portions related to real estate taxes, special assessments, and payments made in
lieu of real estate taxes directly identified or allocated to the nursing facility are the allowable
amounts divided by the sum of the facility's resident days. Allowable costs under this
paragraph for payments made by a nonprofit nursing facility that are in lieu of real estate
taxes shall not exceed the amount which the nursing facility would have paid to a city or
township and county for fire, police, sanitation services, and road maintenance costs had
real estate taxes been levied on that property for those purposes.

(j) The portion related to employer health insurance costs is deleted text beginthedeleted text endnew text begin calculated as follows:
(1) multiply the facility's
new text end allowable new text beginemployer health insurance new text endcosts deleted text begindivideddeleted text endnew text begin and the known
cost change factor; and (2) divide the result of clause (1)
new text end by the sum of the facility's resident
days.

(k) The portion related to the Public Employees Retirement Association is the allowable
costs divided by the sum of the facility's resident days.

(l) The portion related to quality improvement incentive payment rate adjustments is
the amount determined under section 256R.39.

(m) The portion related to performance-based incentive payments is the amount
determined under section 256R.38.

(n) The portion related to special dietary needs is the amount determined under section
256R.51.

(o) The portion related to the rate adjustments for border city facilities is the amount
determined under section 256R.481.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2025, or upon federal approval, whichever occurs later. The commissioner of human services
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 16.

Minnesota Statutes 2022, section 256S.201, subdivision 3, is amended to read:


Subd. 3.

Customized living service rates.

The authorized rates for customized living
services and 24-hour customized living services must be based on the amount of component
services to be provided utilizing component rates established deleted text beginby the commissionerdeleted text endnew text begin in section
256S.215
new text end. Counties and tribes shall use tools issued by the commissioner to develop and
document customized living service plans and rates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 17.

Minnesota Statutes 2022, section 256S.21, is amended to read:


256S.21 RATE SETTING; APPLICATION.

The payment methodologies in sections deleted text begin256S.2101deleted text endnew text begin 256S.211new text end to 256S.215 apply to
elderly waiver, elderly waiver customized living, and elderly waiver foster care under this
chapter; alternative care under section 256B.0913; essential community supports under
section 256B.0922; and community access for disability inclusion customized living and
brain injury customized living under section 256B.49.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 18.

Minnesota Statutes 2022, section 256S.211, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Updating base wages. new text end

new text begin Each January 1, the commissioner must update the
base wages under this section based on the most recently available Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage data from the Bureau of Labor Statistics.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 19.

Minnesota Statutes 2022, section 256S.213, subdivision 1, is amended to read:


Subdivision 1.

Payroll taxes and benefits factor.

The payroll taxes and benefits factor
is the sum of net payroll taxes and benefits, divided by the sum of all salaries for all nursing
facilities on the most recent and available cost report.new text begin The commissioner must update the
payroll tax and benefit factor each January 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 20. new text beginDIRECTION TO COMMISSIONER OF HUMAN SERVICES; PARTIAL
YEAR RATE ADJUSTMENTS.
new text end

new text begin (a) The commissioner must update the base wage indices in Minnesota Statutes, section
256S.212, based on the most recently available Minneapolis-St. Paul-Bloomington, MN-WI
MetroSA average wage data from the Bureau of Labor Statistics.
new text end

new text begin (b) The commissioner must update the payroll tax and benefit factor in Minnesota
Statutes, section 256S.213, subdivision 1, based on the most recently available nursing
facility cost report data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, or upon federal approval,
whichever occurs later, for services rendered on or after the day upon which this section
becomes effective. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 21. new text beginNURSING FACILITY FUNDING.
new text end

new text begin (a) Effective July 1, 2023, through December 31, 2025, the total payment rate for all
facilities reimbursed under Minnesota Statutes, chapter 256R, must be increased by $52 per
resident day.
new text end

new text begin (b) To be eligible to receive a payment under this section, a nursing facility must attest
to the commissioner of human services that the additional revenue will be used exclusively
to increase compensation-related costs for employees directly employed by the facility on
or after July 1, 2023, excluding:
new text end

new text begin (1) owners of the building and operation;
new text end

new text begin (2) persons employed in the central office of an entity that has any ownership interest
in the nursing facility or exercises control over the nursing facility;
new text end

new text begin (3) persons paid by the nursing facility under a management contract; and
new text end

new text begin (4) persons providing separately billable services.
new text end

new text begin (c) Contracted housekeeping, dietary, and laundry employees providing services on site
at the nursing facility are eligible for compensation-related cost increases under this section,
provided the agency that employs the employees submits to the nursing facility proof of
the costs of the increases provided to those employees.
new text end

new text begin (d) For purposes of this section, compensation-related costs include:
new text end

new text begin (1) permanent new increases to wages and salaries implemented on or after July 1, 2023,
and before September 1, 2023, for nursing facility employees;
new text end

new text begin (2) permanent new increases to wages and salaries implemented on or after July 1, 2023,
and before September 1, 2023, for employees in the organization's shared services
departments of hospital-attached nursing facilities for the nursing facility allocated share
of wages; and
new text end

new text begin (3) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment
taxes, PERA, workers' compensation, and pension and employee retirement accounts directly
associated with the wage and salary increases in clauses (1) and (2) incurred no later than
December 31, 2025, and paid for no later than June 30, 2026.
new text end

new text begin (e) A facility that receives a rate increase under this section must complete a distribution
plan in the form and manner determined by the commissioner. This plan must specify the
total amount of money the facility is estimated to receive from this rate increase and how
that money will be distributed to increase the allowable compensation-related costs described
in paragraph (d) for employees described in paragraphs (b) and (c). This estimate must be
calculated by multiplying $52 and the sum of the medical assistance and private pay resident
days as defined in Minnesota Statutes, section 256R.02, subdivision 45, for the period
beginning October 1, 2021, through September 30, 2022, dividing this sum by 365 and
multiplying the result by 915. A facility must submit its distribution plan to the commissioner
by October 1, 2023. The commissioner may review the distribution plan to ensure that the
payment rate adjustment per resident day is used in accordance with this section. The
commissioner may allow for a distribution plan amendment under exceptional circumstances
to be determined at the sole discretion of the commissioner.
new text end

new text begin (f) By September 1, 2023, a facility must post the distribution plan summary and leave
it posted for a period of at least six months in an area of the facility to which all employees
have access. The posted distribution plan summary must be in the form and manner
determined by the commissioner. The distribution plan summary must include instructions
regarding how to contact the commissioner, or the commissioner's representative, if an
employee believes the employee is covered by paragraph (b) or (c) and has not received the
compensation-related increases described in paragraph (d). The instruction to such employees
must include the email address and telephone number that may be used by the employee to
contact the commissioner's representative. The posted distribution plan summary must
demonstrate how the increase in paragraph (a) received by the nursing facility from July 1,
2023, through December 31, 2025, will be used in full to pay the compensation-related costs
in paragraph (d) for employees described in paragraphs (b) and (c).
new text end

new text begin (g) If the nursing facility expends less on new compensation-related costs than the amount
made available by the rate increase in this section for that purpose, the amount of this rate
adjustment must be reduced to equal the amount utilized by the facility for purposes
authorized under this section. If the facility fails to post the distribution plan summary in
its facility as required, fails to submit its distribution plan to the commissioner by the due
date, or uses these funds for unauthorized purposes, these rate increases must be treated as
an overpayment and subsequently recovered.
new text end

new text begin (h) The commissioner must not treat payments received under this section as an applicable
credit for purposes of setting total payment rates under Minnesota Statutes, chapter 256R.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when approval is obtained.
new text end

Sec. 22. new text beginELDERLY WAIVER RATE FRAMEWORK; SPENDING
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Spending requirements. new text end

new text begin At least 80 percent of the marginal increase in
revenue from the full implementation of the elderly waiver rate framework under Minnesota
Statutes, sections 256S.21 to 256S.215, for services rendered on or after the day of
implementation of the repeal of Minnesota Statutes, section 256S.2101, must be used to
increase compensation-related costs for employees directly employed by the provider.
new text end

new text begin Subd. 2. new text end

new text begin Compensation-related costs. new text end

new text begin For the purposes of this section,
compensation-related costs include:
new text end

new text begin (1) wages and salaries;
new text end

new text begin (2) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment
taxes, workers' compensation, and mileage reimbursement;
new text end

new text begin (3) the employer's paid share of health and dental insurance, life insurance, disability
insurance, long-term care insurance, uniform allowance, pensions, and contributions to
employee retirement accounts; and
new text end

new text begin (4) benefits that address direct support professional workforce needs above and beyond
what employees were offered prior to full implementation of the elderly waiver rate
framework under Minnesota Statutes, sections 256S.21 to 256S.215.
new text end

new text begin Subd. 3. new text end

new text begin Nonallowed costs. new text end

new text begin Compensation-related costs for persons employed in the
central office of a corporation or entity that has an ownership interest in the provider or
exercises control over the provider, or for persons paid by the provider under a management
contract, do not count toward the 80 percent requirement under subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Distribution plans. new text end

new text begin A provider agency or individual provider that receives
additional revenue subject to the requirements of this section must prepare, and upon request
submit to the commissioner, a distribution plan that specifies the amount of money the
provider expects to receive that is subject to the requirements of this section, including how
that money was or will be distributed to increase compensation-related costs for employees.
Within 60 days of final full implementation of the elderly waiver rate framework subject
to the requirements of this section, the provider must post the distribution plan and leave it
posted for a period of at least six months in an area of the provider's operation to which all
direct support professionals have access. The posted distribution plan must include
instructions regarding how to contact the commissioner, or the commissioner's representative,
if an employee has not received the compensation-related increase described in the plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, or upon 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. 23. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2022, section 256S.2101, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-01171

256S.2101 RATE SETTING; PHASE-IN.

Subdivision 1.

Phase-in for disability waiver customized living rates.

All rates and rate components for community access for disability inclusion customized living and brain injury customized living under section 256B.4914 shall be the sum of ten percent of the rates calculated under sections 256S.211 to 256S.215 and 90 percent of the rates calculated using the rate methodology in effect as of June 30, 2017.

Subd. 2.

Phase-in for elderly waiver rates.

Except for home-delivered meals as described in section 256S.215, subdivision 15, all rates and rate components for elderly waiver, elderly waiver customized living, and elderly waiver foster care under this chapter; alternative care under section 256B.0913; and essential community supports under section 256B.0922 shall be the sum of 18.8 percent of the rates calculated under sections 256S.211 to 256S.215, and 81.2 percent of the rates calculated using the rate methodology in effect as of June 30, 2017. The rate for home-delivered meals shall be the sum of the service rate in effect as of January 1, 2019, and the increases described in section 256S.215, subdivision 15.