SF 12

1st Engrossment - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/14/2020 08:28am

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:

Section 1.

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

Sec. 28. deleted text begin DIRECTION TO COMMISSIONER; ELDERLY WAIVER deleted text end CUSTOMIZED
LIVING deleted text begin SERVICE PROVIDERS deleted text end new text begin QUALITY IMPROVEMENT GRANTS new text end .

(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 waiver deleted text end new text begin providers of new text end customized
living deleted text begin service providers deleted 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 objectives deleted text begin , giving deleted text end new text begin . Until June 30, 2021, the
commissioner shall give new text end preference to providers that serve at least 75 percent elderly waiver
participants new 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 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.

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 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 28 deleted text end new 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 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 supervision new 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 begin APPROPRIATION; COVID-19-RELATED RETENTION GRANTS FOR
HOME AND COMMUNITY-BASED SERVICE PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin (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.
new text end

new text begin (b) The commissioner may use up to $125,000 of this appropriation to administer this
grant.
new text end

new text begin (c) Beginning September 30, 2020, any unencumbered appropriations may be used for
disability services provider COVID-19-related public health reinvention grants.
new text end

new text begin (d) This is a onetime appropriation and is available until December 5, 2020.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (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.
new text end

new text begin (c) "Eligible services" means the following services:
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.0913, 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; and
new text end

new text begin (3) early intensive developmental and behavioral interventions under Minnesota Statutes,
section 256B.0949.
new text end

new text begin (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).
new text end

new text begin (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 July 1, 2020.
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 fixed costs incurred during the COVID-19 peacetime emergency associated with
maintaining the provider's capacity to provide services to its clients during the COVID-19
pandemic.
new text end

new text begin Subd. 4. new text end

new text begin Grant request. new text end

new text begin Eligible providers must request a grant under this section no
later than August 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.
new text end

new text begin Subd. 5. new text end

new text begin Attestation. new text end

new text begin As a condition of obtaining funds under this section, an eligible
provider must attest to the following on the grant request form:
new text end

new text begin (1) the intent to provide eligible services under this section through December 31, 2020;
new text end

new text begin (2) unreimbursed costs incurred on or after March 1, 2020, related to COVID-19-related
business interruptions caused by required closures, reduced capacity to promote social
distancing measures, or reduced demand for services;
new text end

new text begin (3) revenue losses due to the COVID-19 pandemic exceeded monthly fixed costs incurred
from March 1, 2020, to June 30, 2020; and
new text end

new text begin (4) without additional funds, the provider will be unable to maintain the continuity of
the services provided.
new text end

new text begin Subd. 6. new text end

new text begin Agreement. new text end

new text begin As a condition of obtaining funds under this section, an eligible
provider must agree to the following on the grant request form:
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 authority;
new text end

new text begin (2) maintain documentation sufficient to demonstrate the unreimbursed costs required
in order to receive a grant under this section; and
new text end

new text begin (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.
new text end

new text begin Subd. 7. new text end

new text begin Retention grants. new text end

new text begin (a) No later than August 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.
new text end

new text begin (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.
new text end

new text begin (c) By accepting a grant under this subdivision, the grantee attests to the conditions
specified in subdivisions 5 and 6.
new text end

new text begin (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.
new text end

new text begin Subd. 8. 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. 9. new text end

new text begin Recoupment. new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 10. new text end

new text begin Expiration. new text end

new text begin This section expires December 30, 2020, except for subdivision
9.
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 begin APPROPRIATION; DISABILITY SERVICES PROVIDER
COVID-19-RELATED PUBLIC HEALTH GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin (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.
new text end

new text begin (b) The commissioner may use up to $125,000 of this appropriation to administer this
grant.
new text end

new text begin (c) This is a onetime appropriation and is available until December 30, 2020. Any
unexpended balance on December 30, 2020, cancels to the coronavirus relief fund.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Eligible provider" means an enrolled provider who provides eligible services and
who meets the attestation and application requirements in subdivisions 5 and 6.
new text end

new text begin (c) "Eligible services" means the following services:
new text end

new text begin (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
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 Subd. 4. new text end

new text begin Allowable uses of funds. new text end

new text begin (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 related guidance. Funds may be used for:
new text end

new text begin (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;
new text end

new text begin (2) expenses to facilitate and ensure the availability of individualized services to enable
compliance with COVID-19 public health precautions; and
new text end

new text begin (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.
new text end

new text begin Subd. 5. new text end

new text begin Attestation. new text end

new text begin (a) As a condition of applying for and accepting public health
grants under this section, each provider must attest in writing that the provider:
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (3) will maintain documentation sufficient to demonstrate the unreimbursed costs required
in order to receive a grant under this section.
new text end

new text begin Subd. 6. new text end

new text begin Application. new text end

new text begin (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.
new text end

new text begin (b) Eligible providers must apply for a grant under this section no later than November
15, 2020.
new text end

new text begin Subd. 7. new text end

new text begin Allocation. new text end

new text begin (a) Beginning September 30, 2020, the commissioner shall award
grants under this section to eligible providers who meet the attestation and application
requirements under subdivisions 5 and 6.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 8. new text end

new text begin Recoupment. new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 9. new text end

new text begin Reporting. new text end

new text begin 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.
new text end

new text begin Subd. 10. new text end

new text begin Expiration. new text end

new text begin 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.
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. 6. new text begin REVISOR 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