SF 1009

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/13/2023 08:13am

A bill for an act
relating to human services; modifying integrated community supports; amending
Minnesota Statutes 2022, sections 245D.12; 256B.4914, subdivision 6c.

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

Section 1.

Minnesota Statutes 2022, section 245D.12, is amended to read:

245D.12 INTEGRATED COMMUNITY SUPPORTS; SETTING CAPACITY
REPORT.

(a) The license holder providing integrated community support, as defined in section
245D.03, subdivision 1, paragraph (c), clause (8), must submit a setting capacity report to
the commissioner to ensure the identified location of service delivery meets the criteria of
the home and community-based service requirements as specified in section 256B.492. new text begin
Integrated community supports may be delivered in two or more multifamily housing
buildings that are part of the same multifamily housing apartment complex that are on the
same or adjoining property.
new text end

(b) The license holder shall provide the setting capacity report on the forms and in the
manner prescribed by the commissioner. The report must include:

(1) the address of the multifamily housing building where the license holder delivers
integrated community supports and owns, leases, or has a direct or indirect financial
relationship with the property owner;

(2) the total number of living units in the multifamily housing building described in
clause (1) where integrated community supports are delivered;

(3) the total number of living units in the multifamily housing building described in
clause (1), including the living units identified in clause (2);

(4) the total number of people who could reside in the living units in the multifamily
housing building described in clause (2) and receive integrated community supports; and

(5) the percentage of living units that are controlled by the license holder in the
multifamily housing building by dividing clause (2) by clause (3).

(c) deleted text begin Only one license holder may deliver integrated community supports at the address
of the multifamily housing building. deleted text end new text begin More than one license holder may deliver integrated
community supports at the address of an approved multifamily housing building if a
site-specific review has been approved by the commissioner.
new text end

new text begin (d) Multiple license holders may deliver integrated community supports and other
residential services, including customized living, assisted living, adult and child foster care,
community residential services, and family residential services, at the same address or same
apartment complex as long as the total number of settings does not exceed 25 percent of
the total number of apartment units.
new text end

new text begin (e) Integrated community supports provider-controlled settings have a minimum capacity
of two or more living units for the delivery of integrated community supports.
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 256B.4914, subdivision 6c, is amended to read:

Subd. 6c.

Integrated community supports; component values and calculation of
payment rates.

(a) Component values for integrated community supports are:

(1) competitive workforce factor: 4.7 percent;

(2) supervisory span of control ratio: 11 percent;

(3) employee vacation, sick, and training allowance ratio: 8.71 percent;

(4) employee-related cost ratio: 23.6 percent;

(5) general administrative support ratio: 13.25 percent;

(6) program-related expense ratio: 1.3 percent; and

(7) absence and utilization factor ratio: 3.9 percent.

(b) Payments for integrated community supports must be calculated as follows:

(1) determine the number of shared direct staffing and individual direct staffing hours new text begin
provided on site or through monitoring technology new text end to meet a recipient's needs deleted text begin . The base
shared direct staffing hours must be eight hours divided by the number of people receiving
support in the integrated community support setting, and the individual direct staffing hours
must be the average number of direct support hours provided directly to the service recipient deleted text end ;

(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 and 5a;

(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;

(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);

(5) multiply the number of shared direct staffing and individual direct staffing hours deleted text begin in
clause (1) deleted text end new text begin provided on site or through monitoring technology and nursing hours new text end by the
appropriate staff wages;

(6) multiply the number of shared direct staffing and individual direct staffing hours deleted text begin in
clause (1) deleted text end new text begin provided on site or through monitoring technology and nursing hours new text end by the
product of the supervisory span of control ratio and the appropriate supervisory staff wage
in subdivision 5a, clause (1);

(7) combine the results of clauses (5) and (6) new text begin , excluding any shared direct staffing and
individual direct staffing hours provided through monitoring technology, new text end and multiply the
result by one plus the employee vacation, sick, and training allowance ratio. This is defined
as the direct staffing cost;

(8) for employee-related expenses, multiply the direct staffing cost new text begin , excluding any shared
direct staffing and individual direct staffing hours provided through monitoring technology, new text end
by one plus the employee-related cost ratio;

(9) for client programming and supports, add $2,260.21 divided by 365. The
commissioner shall update the amount in this clause as specified in subdivision 5b;

new text begin (10) for transportation, if provided, add $1,831.49 divided by 365, or $3,270.51 divided
by 365 if customized for adapted transport, based on the resident with the highest assessed
need. The commissioner shall update the amounts in this clause as specified in subdivision
5b;
new text end

deleted text begin (10) add the results of deleted text end new text begin (11) subtotal new text end clauses (8) deleted text begin and (9) deleted text end new text begin to (10) and the direct staffing
cost of any shared direct staffing and individual direct staffing hours provided through
monitoring technology that was excluded in clause (8) new text end ;

deleted text begin (11) deleted text end new text begin (12) new text end add the standard general administrative support ratio, the program-related
expense ratio, and the absence and utilization factor ratio;

deleted text begin (12) deleted text end new text begin (13) new text end divide the result of clause deleted text begin (10) deleted text end new text begin (11) new text end by one minus the result of clause deleted text begin (11) deleted text end new text begin (12) new text end .
This is the total payment amount; and

deleted text begin (13) deleted text end new text begin (14) new text end adjust the result of clause deleted text begin (12) deleted text end new text begin (13) new text end by a factor to be determined by the
commissioner to adjust for regional differences in the cost of providing services.

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