SF 1473

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:54am

A bill for an act
relating to human services; directing the commissioner to seek federal approval of
the Community First Choice Option for disabled or aging individuals; modifying
rates for providers of certain waivered and personal care assistance services.

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

Section 1. new text begin FEDERAL COMMUNITY FIRST CHOICE OPTION; REQUEST TO
SEEK FEDERAL APPROVAL.
new text end

new text begin Subdivision 1. new text end

new text begin Community First Choice Option. new text end

new text begin The commissioner of human
services shall seek federal approval for the Community First Choice Option under the
Affordable Care Act. The commissioner shall maximize federal financial participation to
the extent possible to refinance:
new text end

new text begin (1) the personal care assistance program;
new text end

new text begin (2) home and community-based waivered services; and
new text end

new text begin (3) any other state or federal programs for persons needing ongoing home and
community assistance to meet functional needs due to disability or age.
new text end

new text begin The program must be cost neutral and have a limited but flexible benefit that supports
the goals of the program, including health and safety, increased independence that
includes employment, and support to live in the most integrated setting as required by
the Americans with Disabilities Act. The commissioner shall consolidate the programs
into one program that provides assistance at home or in the community under the state
plan option as provided in the federal 1915(k) Community First Choice Option. The
commissioner shall comply with federal administrative requirements to develop and
manage the program, and demonstrate its effectiveness in meeting its intended goals
within the allowable budget limits.
new text end

new text begin Subd. 2. new text end

new text begin Reporting. new text end

new text begin (a) The commissioner shall submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services by February 1, 2012, with a progress report on the request for the federal
approval and proposed legislation, state plan amendment language, and a preliminary
implementation plan.
new text end

new text begin (b) The commissioner shall submit a report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services by
July 1, 2012, with proposed federal and state home and community-based programs and
services that can be reformed and simplified under the Community First Choice Option,
including proposed legislation, state plan amendment language, and an implementation
plan.
new text end

Sec. 2. new text begin PROVIDER RATE AND GRANT REDUCTIONS.
new text end

new text begin (a) The commissioner of human services shall decrease grants, allocations,
reimbursement rates, individual limits, and rate limits, as applicable, by 0.5 percent
effective July 1, 2012, for services rendered on or after that date. 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.
new text end

new text begin (b) The rate changes 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 self-directed supports, under Minnesota
Statutes, section 256B.501;
new text end

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

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

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

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

new text begin (6) personal care services and qualified professional supervision of personal care
services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a.
new text end

new text begin (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 a reduction for the
specified services on and after July 1, 2012.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, only if the
commissioner's request for a federal 1915(k) Community First Choice Option waiver is
not approved before July 1, 2012.
new text end