SF 1420

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 10/11/2012 01:56pm

A bill for an act
relating to legislative enactments; correcting miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and technical errors; amending
Minnesota Statutes 2010, sections 144A.351, as amended, if enacted; 171.306,
subdivision 5; Laws 2011, First Special Session chapter 9, article 7, section 54,
as amended, if enacted; Laws 2012, chapter 247, article 4, section 46, if enacted;
article 6, section 2, subdivision 4, if enacted; Laws 2012, chapter 249, section 12;
2012 H.F. No. 1752, section 32, if enacted.

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

Section 1.

Minnesota Statutes 2010, section 171.306, subdivision 5, is amended to read:

Subd. 5.

Penalties; program violations.

(a) If a program participant tampers with,
circumvents, or bypasses a device; drives, operates, or exercises physical control over
a motor vehicle not equipped with a device certified by the commissioner; violates a
condition of a limited license issued under subdivision 4 and section 171.30; or violates
the program guidelines of subdivision deleted text begin 2 deleted text end new text begin 3 new text end , the commissioner shall extend the person's
revocation period under section 169A.52 or 169A.54 by:

(1) 180 days for a first violation;

(2) one year for a second violation; or

(3) 545 days for a third and each subsequent violation.

(b) Notwithstanding paragraph (a), the commissioner may terminate participation
in the program by any person when, in the commissioner's judgment, termination is
necessary to the interests of public safety and welfare. In the event of termination, the
commissioner shall not reduce the applicable revocation period under section 169A.52 or
169A.54 by the amount of time during which the person possessed a limited or restricted
driver's license issued under the authority of subdivision 4.

Sec. 2.

[CORR12-2A]

Minnesota Statutes 2010, section 144A.351, as amended by
Laws 2012, chapter 247, article 4, section 3, if enacted, is amended to read:

144A.351 BALANCING LONG-TERM CARE SERVICES AND SUPPORTS:
REPORT REQUIRED.

The commissioners of health and human services, with the cooperation of counties
and in consultation with stakeholders, including persons who need or are using long-term
care services and supports, lead agencies, regional entities, senior, disability, and mental
health organization representatives, service providers, and community members shall
prepare a report to the legislature by August 15, 2013, and biennially thereafter, regarding
the status of the full range of long-term care services and supports for the elderly and
children and adults with disabilities and mental illnesses in Minnesota. The report shall
address:

(1) demographics and need for long-term care services and supports in Minnesota;

(2) summary of county and regional reports on long-term care gaps, surpluses,
imbalances, and corrective action plans;

(3) status of long-term care services and deleted text begin mental illnesses deleted text end new text begin related mental health
services new text end , housing options, and supports by county and region including:

(i) changes in availability of the range of long-term care services and housing
options;

(ii) access problems, including access to the least restrictive and most integrated
services and settings, regarding long-term care services; and

(iii) comparative measures of long-term care services availability, including serving
people in their home areas near family, and changes over time; and

(4) recommendations regarding goals for the future of long-term care services and
supports, policy and fiscal changes, and resource development and transition needs.

Sec. 3.

[CORR12-2B]

Laws 2011, First Special Session chapter 9, article 7, section 54,
as amended by Laws 2012, chapter 247, article 4, section 42, if enacted, is amended to
read:

Sec. 54. CONTINGENCY PROVIDER RATE AND GRANT REDUCTIONS.

(a) Notwithstanding any other rate reduction in this article, if the commissioner of
human services has not received federal approval before July 1, 2013, of the long-term
care realignment waiver application submitted under Laws 2011, First Special Session
chapter 9, article 7, section 52, or only receives approval to implement portions of the
waiver request, the commissioner shall decrease grants, allocations, reimbursement
rates, individual limits, and rate limits, as applicable, by new text begin up to new text end 1.67 percent effective
July 1, 2013, for services rendered from July 1, 2013, through December 31, 2013. The
commissioner shall prorate the reduction in the event that only portions of the waiver
request are approved and after application of the continuing care provider payment delay
provision in article 6, section 2, subdivision 4, paragraph (f). County or tribal contracts for
services specified in this section must be amended to pass through these rate reductions
within 60 days of the effective date of the decrease, and must be retroactive from the
effective date of the rate decrease.

(b) The rate changes described in this section must be provided to:

(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;

(2) home and community-based waivered services for the elderly, including
consumer-directed community supports, under Minnesota Statutes, section 256B.0915;

(3) waivered services under community alternatives for disabled individuals,
including consumer-directed community supports, under Minnesota Statutes, section
256B.49;

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

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

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

(7) personal care services and qualified professional supervision of personal care
services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;

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

(9) day training and habilitation services for adults with developmental disabilities
or related conditions, under Minnesota Statutes, sections 252.40 to 252.46, including the
additional cost of rate adjustments on day training and habilitation services, provided as a
social service under Minnesota Statutes, section 256M.60; and

(10) alternative care services under Minnesota Statutes, section 256B.0913.

(c) A managed care plan receiving state payments for the services in this section must
include these decreases in their payments to providers. To implement the rate reductions
in this section, capitation rates paid by the commissioner to managed care organizations
under Minnesota Statutes, section 256B.69, shall reflect up to a 1.67 percent reduction for
the specified services for the period of July 1, 2013, through December 31, 2013.

The above payment rate reduction, allocation rates, and rate limits shall expire for
services rendered on December 31, 2013.

Sec. 4.

[CORR12-2C]

Laws 2012, chapter 247, article 4, section 46, if enacted,
is amended to read:

Sec. 46. HOME AND COMMUNITY-BASED SERVICES WAIVERS
AMENDMENT FOR EXCEPTION.

By deleted text begin September 1 deleted text end new text begin December 31 new text end , 2012, the commissioner of human services shall
submit amendments to the home and community-based waiver plans consistent with
the definition of home and community-based settings under Minnesota Statutes, section
256B.492, including a request to allow an exception for those settings that serve persons
with disabilities under a home and community-based service waiver in more than 25
percent of the units in a building as of January 1, 2012, but otherwise meet the definition
under Minnesota Statutes, section 256B.492.

Sec. 5.

[CORR12-2D]

Laws 2012, chapter 247, article 6, section 2, subdivision 4,
if enacted, is amended to read:

Subd. 4. Forecasted Programs

(a) MFIP/DWP Grants

Appropriations by Fund
	2012	2013
General	-0-	(7,009,000)
Federal TANF	-0-	7,000,000

(b) General Assistance Grants

-0-

(8,000)

(c) Minnesota Supplemental Aid Grants

-0-

152,000

(d) MinnesotaCare Grants

-0-

3,000

This appropriation is from the health care
access fund.

(e) Group Residential Housing Grants

-0-

(202,000)

(f) Medical Assistance Grants

623,000

14,303,000

PCA Relative Care Payment Recovery.
Notwithstanding any law to the contrary, and
if, at the conclusion of the HealthStar Home
Health, Inc et al v. Commissioner of Human
Services litigation, the PCA relative rate
reduction under Minnesota Statutes, section
256B.0659, subdivision 11, paragraph (c),
is upheld, the commissioner is prohibited
from recovering the difference between the
100 percent rate paid to providers and the
80 percent rate, during the period of the
temporary injunction issued on October 26,
2011. This section does not prohibit the
commissioner from recovering any other
overpayments from providers.

Long-Term Care Realignment Waiver
Conformity. Notwithstanding Minnesota
Statutes, section deleted text begin 256B.0916 deleted text end new text begin 256B.0917 new text end ,
subdivision 14, and upon federal approval
of the long-term care realignment waiver
application, essential community support
grants must be made available in a manner
that is consistent with the state's long-term
care realignment waiver application
submitted on February 13, 2012. The
commissioner is authorized to use increased
federal matching funds resulting from
approval of the long-term care realignment
waiver as necessary to meet the fiscal year
2013 demand for essential community
support grants administered in a manner that
is consistent with the terms and conditions of
the long-term care realignment waiver, and
that amount of federal funds is appropriated
to the commissioner for this purpose.

Continuing Care Provider Payment
Delay. The commissioner of human services
shall delay the last payment or payments
in fiscal year 2013 to providers listed in
Minnesota Statutes 2011 Supplement,
section 256B.5012, subdivision 13, and
Laws 2011, First Special Session chapter
9, article 7, section 54, paragraph (b),
by up to $20,688,000. In calculating the
actual payment amounts to be delayed, the
commissioner must reduce the $20,688,000
amount by any cash basis state share
savings to be realized in fiscal year 2013
from implementing the long-term care
realignment waiver before July 1, 2013.
The commissioner shall make the delayed
payments in July 2013. Notwithstanding
any contrary provision in this article, this
provision expires on August 1, 2013.

Critical Access Nursing Facilities
Designation. $500,000 is appropriated in
fiscal year 2013 for critical access nursing
facilities under Minnesota Statutes, section
256B.441, subdivision 63. This is a onetime
appropriation and is available until expended.

Sec. 6.

[CORR12-4]

2012 H.F. No. 1752, section 32, if enacted, is amended to read:

Sec. 32.

[16B.323] SOLAR ENERGY IN STATE BUILDINGS.

Subdivision 1.

Definitions.

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

(b) "Made in Minnesota" means the manufacture in this state of:

(i) components of a solar thermal system certified by the Solar Rating and
Certification Corporation; or

(ii) solar photovoltaic modules that:

(1) are manufactured at a manufacturing facility in Minnesota that is registered and
authorized to manufacture those solar photovoltaic modules by Underwriters Laboratory,
CSA International, Intertek, or an equivalent independent testing agency;

(2) bear certification marks from Underwriters Laboratory, CSA International,
Intertek, or an equivalent independent testing agency; and

(3) meet the requirements of section 116C.7791, subdivision 3, paragraph (a),
clauses (1), (5), and (6).

For the purposes of clause (ii), "manufactured" has the meaning given in section
116C.7791, subdivision 1, paragraph (b), clauses (1) and (2).

(c) "Major renovation" means a substantial addition to an existing building, or
a substantial change to the interior configuration or the energy system of an existing
building.

(d) "Solar energy system" means solar photovoltaic modules alone or installed in
conjunction with a solar thermal system.

(e) "Solar photovoltaic module" has the meaning given in section 116C.7791,
subdivision 1, paragraph (e).

(f) "Solar thermal system" has the meaning given "qualifying solar thermal project"
in section 216B.2411, subdivision 2, paragraph (e).

(g) "State building" means a building whose construction or renovation is paid
wholly or in part by the state from the bond proceeds fund.

Subd. 2.

Solar energy system.

(a) As provided in paragraphs (b) deleted text begin to (e) deleted text end new text begin and (c) new text end , a
project for the construction or major renovation of a state building, after the completion
of a cost-benefit analysis, may include installation of "Made in Minnesota" solar energy
systems of 40 kilowatts capacity on, adjacent, or in proximity to the state building.

(b) The capacity of a solar system must be less than 40 kilowatts to the extent
necessary to match the electrical load of the building or to the extent necessary to keep the
costs for the installation below the five percent maximum set by paragraph (c).

(c) The cost of the solar system must not exceed five percent of the appropriations
from the bond proceeds fund for the construction or renovation of the state building.
Purchase and installation of a solar thermal system may account for no more than 25
percent of the cost of a solar system installation.

(d) deleted text begin The commissioner may exempt a major renovation of a state building from the
requirements of this section if the commissioner finds that the structural soundness or
other physical condition of the state building to be renovated makes the installation of a
solar energy system infeasible.
deleted text end

deleted text begin (e) The commissioner may exempt appropriations for construction or major
renovation of a state building authorized before June 30, 2012, from the requirements of
this section if the commissioner determines that the installation of a solar energy system
would require the redesign of program space or major building systems, but in no event
shall more than 20 percent of the applicable projects be exempted under this paragraph.
deleted text end

deleted text begin (f) deleted text end A project subject to this section is ineligible to receive a rebate for the installation
of a solar energy system under section 116C.7791 or from any utility.

Sec. 7.

[CORR12-6]

Laws 2012, chapter 249, section 12, is amended to read:

Sec. 12. EFFECTIVE DATE.

new text begin Section 7 is effective January 1, 2013. new text end Sections 1 new text begin to 6 and 8 new text end to 10 are effective
July 1, 2013.

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise provided, each section of this act takes effect at the time the
provision being corrected takes effect.
new text end