SF 133

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/19/2020 07:44pm

A bill for an act
relating to human services; establishing retention grants for certain day service
providers; appropriating money.

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

Section 1. new text begin APPROPRIATION; COVID-19-RELATED EMERGENCY RETENTION
GRANTS FOR DISABILITY SERVICE PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $25,000,000 in fiscal year 2020 is appropriated from
the general fund to the commissioner of human services for emergency retention grants
under this section to eligible providers as defined under subdivision 2 to help ensure the
continuity of the disability services infrastructure and prevent its failure during or following
the COVID-19 pandemic. This is a onetime appropriation and is available until January 31,
2021.
new text end

new text begin Subd. 2. new text end

new text begin Eligible providers. new text end

new text begin Providers of the following services are eligible for
emergency retention grants under this section:
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.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;
new text end

new text begin (3) children's therapeutic supports and services under Minnesota Statutes, section
256B.0943;
new text end

new text begin (4) early intensive developmental and behavioral intervention under Minnesota Statutes,
section 256B.0949; and
new text end

new text begin (5) nonemergency medical transportation services under Minnesota Statutes, section
256B.0625, subdivision 17, except for nonemergency medical transportation provided by
public transit or not-for-hire vehicles.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin The commissioner shall develop an application form and
application process for emergency retention grants under this section. An applicant must
provide the following information in the application:
new text end

new text begin (1) eligibility for existing COVID-19-related emergency funding, including state and
federal small business loans;
new text end

new text begin (2) the provider's total revenue from medical assistance for eligible services provided
during January, 2020;
new text end

new text begin (3) how the applicant anticipates using the grant within the allowable uses;
new text end

new text begin (4) the requested grant amount;
new text end

new text begin (5) an explanation of how the grant will allow the applicant to maintain the continuity
of the disability services infrastructure and prevent its failure during or following the
COVID-19 pandemic; and
new text end

new text begin (6) other information deemed necessary by the commissioner to evaluate grant
applications.
new text end

new text begin Subd. 4. new text end

new text begin Allowable uses of funds. new text end

new text begin The commissioner may issue grants to an eligible
provider for fixed costs associated with maintaining the provider's capacity to provide
services to its clients during or following the COVID-19 pandemic.
new text end

new text begin Subd. 5. new text end

new text begin Allocation of emergency retention grants. new text end

new text begin (a) The commissioner shall
determine the amount of each emergency retention grant.
new text end

new text begin (b) If applications for grants exceed the available appropriations, the commissioner shall
give priority to grant applications from providers who are ineligible for existing
COVID-19-related funding or whose services cannot be delivered according to the temporary
service delivery standards developed by the commissioner under subdivision 10.
new text end

new text begin Subd. 6. new text end

new text begin Payments for services provided. new text end

new text begin Providers may continue to bill for services
provided while this section is effective, including for services provided according to the
temporary service delivery standards developed by the commissioner under subdivision 10.
new text end

new text begin Subd. 7. new text end

new text begin Condition of accepting emergency retention grants. new text end

new text begin As a condition of
accepting emergency retention grants under this section, an eligible provider must agree in
writing to:
new text end

new text begin (1) cooperate with the commissioner of human services to deliver services according to
the temporary service delivery standards developed by the commissioner under subdivision
10;
new text end

new text begin (2) notify the commissioner of human services of any additional federal, state, or
philanthropic COVID-19-related funding received, including other COVID-19-related state
or federal grants or small business loans;
new text end

new text begin (3) repay emergency retention grants as required by subdivision 8 from any
COVID-19-related federal, state, or philanthropic funding, excluding the unforgiven portion
of any COVID-19-related loans;
new text end

new text begin (4) acknowledge that emergency retention grants may be subject to recoupment if a state
audit determines that the provider received additional emergency funding; and
new text end

new text begin (5) acknowledge that emergency retention grants may be subject to recoupment if a state
audit determines that inappropriate billing or duplicate payments for services occurred or
that the provider used awarded funds for purposes not authorized under this section.
new text end

new text begin Subd. 8. new text end

new text begin Assistance from other source. new text end

new text begin If a provider receives any additional
COVID-19-related federal, state, or philanthropic funding, the provider must notify the
commissioner of human services of the amount received. From the additional
COVID-19-related federal, state, or philanthropic funds received, excluding the unforgiven
portion of any COVID-19-related loans, the provider must reimburse the commissioner for
the grants the provider received under this section in an amount equal to either the amount
of the grant received or the aggregate amount of the additional emergency federal, state, or
philanthropic COVID-19-related funding received, minus the unforgiven portion of any
COVID-19-related loans, whichever is less. The state share of all money paid to the
commissioner under this subdivision must be deposited in the general fund.
new text end

new text begin Subd. 9. new text end

new text begin Recoupment. new text end

new text begin If the commissioner determines that the provider received
additional COVID-19-related federal, state, or philanthropic funding and failed to reimburse
the commissioner as required under subdivision 8, or that the provider used awarded funds
for purposes not authorized under this section, the commissioner shall treat any amount not
reimbursed as required under subdivision 8 and any amount used for a purpose not authorized
under this section as an overpayment. The commissioner shall recover any overpayment
under Minnesota Statutes, section 256B.0641.
new text end

new text begin Subd. 10. new text end

new text begin Temporary alternative service standards. new text end

new text begin The commissioner of human
services shall modify service requirements and standards related to the scope and service
delivery location for services identified in subdivision 2 to promote service provision during
the time this section is effective.
new text end

new text begin Subd. 11. new text end

new text begin Federal waivers. new text end

new text begin The commissioner of human services shall seek approval
of all appropriate federal waivers, waiver plan amendments, and state plan amendments to
maximize federal financial participation in both emergency retention grants made under
this section and reimbursement rates for services provided according to the alternative
service delivery standards developed by the commissioner under subdivision 10.
new text end

new text begin Subd. 12. new text end

new text begin Expiration. new text end

new text begin Except for subdivision 9, this section expires January 31, 2021,
or 60 days after the peacetime emergency declared by the governor in an executive order
that relates to the infectious disease known as COVID-19 is terminated or rescinded by
proper authority, whichever occurs earlier.
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