SF 133

1st Engrossment - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/22/2020 11:35am

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 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 $30,000,000 is appropriated in fiscal year 2021 from
the coronavirus relief fund to the commissioner of human services for retention grants under
this section to eligible providers as defined under subdivision 2 to assist providers with the
costs of business interruptions caused by required closures, by reduced capacity to promote
social distancing measures, or by reduced demand for services due to the COVID-19
pandemic, and 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 December 5, 2020. Any unexpended balance on December
5, 2020, cancels to the coronavirus relief fund.
new text end

new text begin Subd. 2. new text end

new text begin Eligible services and providers. new text end

new text begin Enrolled providers of the following eligible
services are eligible for 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 Allowable uses of funds. new text end

new text begin Grantees must use funds awarded under this section
for costs associated with maintaining the provider's capacity to provide services to its clients
during or following the COVID-19 pandemic, or future improvement of community-based
initiatives.
new text end

new text begin Subd. 4. new text end

new text begin Emergency initial retention grants. new text end

new text begin (a) Beginning July 1, 2020, and until the
commissioner implements the monthly application process described in subdivision 5 and
begins awarding retention grants under subdivision 6, notwithstanding subdivisions 5 and
6, the commissioner shall make emergency initial retention grants monthly to all eligible
providers. The commissioner shall determine which enrolled providers qualify under
subdivision 2.
new text end

new text begin (b) The commissioner shall award emergency initial retention grants under this
subdivision in an amount equal to 25 percent of the provider's total revenue from medical
assistance for eligible services provided during January 2020. The commissioner shall
determine each provider's total revenue from medical assistance for eligible services provided
during January 2020, based on the most recent data available to the commissioner.
new text end

new text begin (c) By accepting a grant under this subdivision, the grantee agrees to the conditions
specified in subdivision 8.
new text end

new text begin Subd. 5. new text end

new text begin Application. new text end

new text begin (a) The commissioner shall develop an application form and
monthly application process for 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 state COVID-19-related emergency funding, including other
COVID-19-related grants or 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) the value of any emergency initial retention grants awarded to the provider under
subdivision 4;
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new text begin (4) how the applicant anticipates using the grant within the allowable uses;
new text end

new text begin (5) the month or months for which a grant is requested;
new text end

new text begin (6) the requested grant amount;
new text end

new text begin (7) 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 (8) other information deemed necessary by the commissioner to evaluate grant
applications.
new text end

new text begin (b) An eligible provider may use a single application to apply for a retention grant
covering more than one prior month.
new text end

new text begin Subd. 6. new text end

new text begin Allocation of retention grants. new text end

new text begin (a) The commissioner may make retention
grants for the months of April 2020 to December 2020.
new text end

new text begin (b) Monthly retention grants must be equal to 50 percent of the grantee's medical
assistance revenue for eligible services provided during January 2020, minus the value of
any emergency initial retention grants awarded under subdivision 4 for the same month or
the amount requested, whichever is less.
new text end

new text begin (c) 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
commissioner's temporary authority to waive or modify program and service requirements.
new text end

new text begin Subd. 7. 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. 8. new text end

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

new text begin As a condition of
accepting 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 program and service waivers and modifications issued under the commissioner's
temporary authority;
new text end

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

new text begin (3) repay retention grants as required by subdivision 9 from any COVID-19-related state
funding, excluding the unforgiven portion of any COVID-19-related loans;
new text end

new text begin (4) acknowledge that retention grants may be subject to recoupment if a state audit
determines that the provider received additional state COVID-19-related emergency funding
from the state; and
new text end

new text begin (5) acknowledge that 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. 9. 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 state funding, the provider must notify the commissioner of human
services of the amount received. From the additional COVID-19-related state 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 subdivision 6 in an
amount equal to either the amount of the grant received under subdivision 6 or the aggregate
amount of the additional COVID-19-related funding received from the state, minus the
unforgiven portion of any COVID-19-related loans, whichever is less. All money paid to
the commissioner under this subdivision must be deposited in the coronavirus relief fund.
new text end

new text begin Subd. 10. 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 state funding and failed to reimburse the commissioner as
required under subdivision 9, 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 9 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. All money recovered by the commissioner under
this subdivision must be deposited in the coronavirus relief fund.
new text end

new text begin Subd. 11. new text end

new text begin Expiration. new text end

new text begin Except for subdivisions 9 and 10, this section expires January
31, 2021.
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