SF 1122

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; providing a rate increase for intermediate care
facilities for persons with developmental disabilities, community service
providers, and nursing facilities; appropriating money; amending Minnesota
Statutes 2006, section 256B.5012, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 256B.5012, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin ICF/MR rate increases effective July 1, 2007, and July 1, 2008. new text end

new text begin (a) For
the rate period beginning July 1, 2007, the commissioner shall make available to each
facility reimbursed under this section an adjustment to the total operating payment rate
of seven percent. For the rate period beginning July 1, 2008, the commissioner shall
make available to each facility reimbursed under this section an adjustment to the total
operating payment rate of six percent.
new text end

new text begin (b) ... percent of the money resulting from the rate adjustment under paragraph (a)
must be used to increase wages and benefits and pay associated costs for employees,
except for the administrator and management fees. ... percent of the money received by a
facility as a result of the rate adjustment provided in paragraph (a) must be used only for
aggregate wage, benefit, and staff increases implemented on or after the effective date of
the rate increase each year, and must not be used for increases implemented prior to that
date. The wage adjustment and other benefits eligible employees may receive may vary
based on merit, seniority, or other factors determined by the provider.
new text end

new text begin (c) For each facility, the commissioner shall make available an adjustment, based
on licensed beds, using the percentage specified in paragraph (a) multiplied by the total
payment rate, including variable and retirement rates but excluding the property-related
payment rate, in effect on the preceding June 30. For the purposes of calculating
compliance with paragraph (b), the commissioner shall utilize the rate determined by
occupied beds on the preceding June 30 to establish the required percentage adjustment.
The total payment rate shall include the adjustment provided in section 256B.501,
subdivision 12.
new text end

new text begin (d) A facility whose payment rates are governed by closure agreements, receivership
agreements, or Minnesota Rules, part 9553.0075, is not eligible for an adjustment
otherwise granted under this subdivision.
new text end

new text begin (e) A copy of the provider's plan for complying with paragraph (b) must be made
available to all employees by giving each employee a copy or by posting a copy in an area
of the provider's operation to which all employees have access. If an employee does not
receive the adjustment, if any, described in the plan and is unable to resolve the problem
with the provider, the employee may contact the employee's union representative. If the
employee is not covered by a collective bargaining agreement, the employee may contact
the commissioner at a telephone number provided by the commissioner and included in
the provider's plan.
new text end

Sec. 2. new text begin PROVIDER RATE INCREASES.
new text end

new text begin (a) The commissioner of human services shall increase reimbursement rates or rate
limits, as applicable, by seven percent for the rate period beginning July 1, 2007, and by
six percent for the rate period beginning July 1, 2008, effective for services rendered on
or after those dates.
new text end

new text begin (b) The annual rate increases described in this section must be provided to:
new text end

new text begin (1) home and community-based waivered services for persons with developmental
disabilities or related conditions, including consumer directed community supports, under
Minnesota Statutes, section 256B.501;
new text end

new text begin (2) home and community-based waivered services for the elderly under Minnesota
Statutes, section 256B.0915;
new text end

new text begin (3) waivered services under community alternatives for disabled individuals under
Minnesota Statutes, section 256B.49;
new text end

new text begin (4) community alternative care waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;
new text end

new text begin (5) traumatic brain injury waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;
new text end

new text begin (6) nursing services and home health services under Minnesota Statutes, section
256B.0625, subdivision 6a;
new text end

new text begin (7) personal care services and nursing supervision of personal care services under
Minnesota Statutes, section 256B.0625, subdivision 19a;
new text end

new text begin (8) private duty nursing services under Minnesota Statutes, section 256B.0625,
subdivision 7;
new text end

new text begin (9) day training and habilitation services for adults with developmental disabilities
or related conditions under Minnesota Statutes, sections 252.40 to 252.46;
new text end

new text begin (10) alternative care services under Minnesota Statutes, section 256B.0913;
new text end

new text begin (11) adult residential program grants under Minnesota Rules, parts 9535.2000 to
9535.3000;
new text end

new text begin (12) adult and family community support grants under Minnesota Rules, parts
9535.1700 to 9535.1760;
new text end

new text begin (13) the group residential housing supplementary service rate under Minnesota
Statutes, section 256I.05, subdivision 1a;
new text end

new text begin (14) adult mental health integrated fund grants under Minnesota Statutes, section
245.4661;
new text end

new text begin (15) semi-independent living services (SILS) under Minnesota Statutes, section
252.275, including SILS funding under county social services grants formerly funded
under Minnesota Statutes, chapter 256I;
new text end

new text begin (16) community support services for deaf and hard-of-hearing adults with mental
illness who use or wish to use sign language as their primary means of communication;
new text end

new text begin (17) living skills training programs for persons with intractable epilepsy who need
assistance in the transition to independent living;
new text end

new text begin (18) physical therapy services under Minnesota Statutes, sections 256B.0625,
subdivision 8, and 256D.03, subdivision 4;
new text end

new text begin (19) occupational therapy services under Minnesota Statutes, sections 256B.0625,
subdivision 8a, and 256D.03, subdivision 4;
new text end

new text begin (20) speech-language therapy services under Minnesota Statutes, section 256D.03,
subdivision 4, and Minnesota Rules, part 9505.0390;
new text end

new text begin (21) respiratory therapy services under Minnesota Statutes, section 256D.03,
subdivision 4, and Minnesota Rules, part 9505.0295;
new text end

new text begin (22) adult rehabilitative mental health services under Minnesota Statutes, section
256B.0623;
new text end

new text begin (23) children's therapeutic services and support services under Minnesota Statutes,
section 256B.0943; and
new text end

new text begin (24) nursing facilities under Minnesota Statutes, section 256B.434.
new text end

new text begin (c) For services funded through Minnesota disability health options, the rate
increases under this section apply to all medical assistance payments, including former
group residential housing supplementary rates under Minnesota Statutes, chapter 256I.
new text end

new text begin (d) Managed care plans that contract with the state of Minnesota to provide either
Minnesota senior health options or Minnesota disability health options must provide the
increase described in paragraph (a) to home care providers under paragraph (b), except
for skilled home health services, under paragraph (b), clause (6), that meet the Medicare
definitions of skilled services in United States Code, title 42, section 1395n(a)(2)(A),
and homebound status in United States Code, title 42, section 1395f(a)(2)(C). These
providers must be reimbursed by the managed care plan using the Medicare payment
methodology of prospective payment system, episodic rates under United States Code,
title 42, section 1395l(a)(2)(A).
new text end

new text begin (e) A managed care plan receiving state payments for the services in this section
must include these increases in their payments to providers on a prospective basis, except
as provided in paragraph (d).
new text end

new text begin (f) Providers that receive a rate increase under this section shall use ... percent of
the additional revenue to increase aggregate wages and benefits and pay associated costs
for employees, except the administrator and management fees. The wage adjustment and
other benefits eligible employees may receive may vary based on merit, seniority, or
other factors determined by the provider.
new text end

new text begin (g) For public employees, the increase for wages and benefits for certain staff is
available and pay rates must be increased only to the extent that they comply with laws
governing public employees collective bargaining. Money received by a provider for pay
increases under this section may be used only for increases implemented on or after the
first day of the rate period in which the increase is available and must not be used for
increases implemented prior to that date.
new text end

new text begin (h) Counties shall increase the budget for each recipient of consumer-directed
community supports by the amounts in paragraph (a) on the effective dates in paragraph
(a).
new text end

new text begin (i) A copy of the provider's plan for complying with paragraph (f) must be made
available to all employees by giving each employee a copy or by posting a copy in an area
of the provider's operation to which all employees have access. If an employee does not
receive the adjustment, if any, described in the plan and is unable to resolve the problem
with the provider, the employee may contact the employee's union representative. If the
employee is not covered by a collective bargaining agreement, the employee may contact
the commissioner at a telephone number provided by the commissioner and included in
the provider's plan.
new text end

Sec. 3. new text begin COMPLIANCE WITH MINIMUM WAGE.
new text end

new text begin (a) The commissioner shall provide an additional rate increase for overnight sleep
staff employed by providers reimbursed under sections 1 and 2, who are paid minimum
wage for periods when the federal minimum wage exceeds the Minnesota minimum wage.
The rate increase must equal the total annual amount to be spent by affected providers to
comply with federal minimum wage increases.
new text end

new text begin (b) Eligible providers shall submit an application to the commissioner documenting
the total annual number of hours paid to overnight sleep staff who were paid the minimum
wage in the prior 12 months multiplied by the increment between the Minnesota minimum
wage and the federal minimum wage. The documentation must be submitted by eligible
providers in a manner directed by the commissioner prior to the federal minimum wage
effective dates in order to provide the rate increase in the first payment following the
federal minimum wage increase.
new text end

new text begin (c) The rate increase in this section must be used solely for wages paid to overnight
sleep staff paid the minimum wage.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the commissioner of human services
for the biennium beginning July 1, 2007, for the purposes of sections 1 to 3.
new text end