SF 18

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/13/2020 01:59pm

A bill for an act
relating to human services; temporarily allowing compensation for personal care
assistance services provided by a parent or spouse; establishing a temporary rate
increase for personal care assistance services; appropriating money.

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

Section 1.

new text begin TEMPORARY PERSONAL CARE ASSISTANCE COMPENSATION
FOR SERVICES PROVIDED BY A PARENT OR SPOUSE.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 256B.0659, subdivision 3, paragraph
(a), clause (1); subdivision 11, paragraph (c); and subdivision 19, paragraph (b), clause (3),
a parent, stepparent, or legal guardian of a minor who is a personal care assistance recipient
or a spouse of a personal care assistance recipient may provide and be paid for providing
personal care assistance services.
new text end

new text begin (b) This section expires 75 days after it becomes effective.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 2. new text begin DIRECT SUPPORT SERVICES TEMPORARY RATE INCREASE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Commissioner" means the commissioner of human services.
new text end

new text begin (c) "Covered program" has the meaning given in Minnesota Statutes, section 256B.0711,
subdivision 1, paragraph (b).
new text end

new text begin (d) "Direct support professional" means an individual employed to personally provide
personal care assistance services covered by medical assistance under Minnesota Statutes,
section 256B.0625, subdivisions 19a and 19c; or to personally provide medical assistance
services covered under Minnesota Statutes, sections 256B.0913, 256B.092, 256B.49, or
chapter 256S. Direct support professional does not include managerial or administrative
staff who do not personally provide the services described in this paragraph.
new text end

new text begin (e) "Direct support services" has the meaning given in Minnesota Statutes, section
256B.0711, subdivision 1, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Temporary rates for direct support services. new text end

new text begin (a) To respond to the infectious
disease known as COVID-19, the commissioner must temporarily increase rates and enhanced
rates by 15 percent for direct support services provided under a covered program or under
Minnesota Statutes, section 256B.0659, while this section is effective.
new text end

new text begin (b) Providers that receive a rate increase under this section must:
new text end

new text begin (1) use at least 80 percent of the additional revenue to increase wages and salaries for
direct support professionals and any corresponding increase in the employer's share of FICA
taxes, Medicare taxes, state and federal unemployment taxes, and workers' compensation
premiums; and
new text end

new text begin (2) use any remainder of the additional revenue for activities and items necessary to
support compliance with Centers for Disease Control and Prevention guidance on sanitation
and personal protective equipment.
new text end

new text begin Subd. 3. new text end

new text begin Capitation rates and directed payments. new text end

new text begin (a) To implement the temporary
rate increase under this section, managed care plans and county-based purchasing plans
shall increase rates and enhanced rates by 15 percent for the direct support services.
new text end

new text begin (b) In combination with contract amendments instructing plans to increase reimbursement
rates for direct support services, the commissioner shall adjust capitation rates paid to
managed care plans and county-based purchasing plans to reflect this adjustment.
new text end

new text begin (c) Contracts between managed care plans and providers and between county-based
purchasing plans and providers must allow recovery of payments from providers if federal
approval for the provisions of this subdivision is not received and the commissioner reduces
capitation payments as a result. Payment recoveries must not exceed the amount equal to
any decrease in rates that results from this paragraph.
new text end

new text begin Subd. 4. new text end

new text begin Consumer-directed community supports budgets. new text end

new text begin Lead agencies shall
temporarily increase the budget for each recipient of consumer-directed community supports
to reflect a 15 percent rate increase for direct support services.
new text end

new text begin Subd. 5. new text end

new text begin Consumer support grants; increased maximum allowable grant. new text end

new text begin The
commissioner shall temporarily increase the maximum allowable monthly grant level for
each recipient of consumer support grants to reflect a 15 percent rate increase for direct
support services.
new text end

new text begin Subd. 6. new text end

new text begin Distribution plans. new text end

new text begin (a) A provider agency that receives a rate increase under
subdivision 2 shall prepare and, upon request, submit to the commissioner a distribution
plan that specifies the anticipated amount and proposed uses of the additional revenue the
provider will receive under subdivision 2.
new text end

new text begin (b) By August 15, 2020, the provider must post the distribution plan for a period of at
least six weeks in an area of the provider's operation to which all direct support professionals
have access. The provider must post with the distribution plan instructions on how to file
an appeal with the commissioner if direct support professionals do not believe they have
received the wage increase specified in the distribution plan. The instructions must include
a mailing address, e-mail address, and telephone number that the direct support professional
may use to contact the commissioner or the commissioner's representative.
new text end

new text begin Subd. 7. new text end

new text begin Federal approval. new text end

new text begin The commissioner shall seek federal approval for the
temporary rate increase in this section.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin This section expires 75 days after it becomes effective.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The commissioner
shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 3. new text begin APPROPRIATION; PERSONAL CARE ASSISTANCE AND DIRECT
SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriations from general fund. new text end

new text begin $5,000 in fiscal year 2020 and
$24,505,000 in fiscal year 2021 are appropriated from the general fund to the commissioner
of human services for the purposes of sections 1 and 2. Of these amounts, $5,000 in fiscal
year 2020 and $36,000 in fiscal year 2021 are for administration of sections 1 and 2. This
is a onetime appropriation.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation from coronavirus relief fund. new text end

new text begin (a) $2,000,000 in fiscal year
2020 is appropriated from the coronavirus relief fund to the commissioner of human services
for distribution:
new text end

new text begin (1) to personal care assistance provider agencies;
new text end

new text begin (2) to personal care assistance choice provider agencies; and
new text end

new text begin (3) via financial management service providers, to direct support professionals who
serve people self-directing their services through consumer-directed community supports
or consumer support grants.
new text end

new text begin (b) The appropriation distributed to recipients listed in paragraph (a) must be
proportionate to the recipient's portion of the paid medical assistance claims for services
provided in January 2020 under covered programs as defined in section 2.
new text end

new text begin (c) Recipients of a distribution under this subdivision must use the distribution to cover
the costs of personal protective equipment and COVID-19-related training.
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