SF 1950

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; allowing rate increases 
  1.3             for certain uncertified boarding care facilities; 
  1.4             amending Minnesota Statutes 1994, section 256I.05, 
  1.5             subdivision 1c. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 256I.05, 
  1.8   subdivision 1c, is amended to read: 
  1.9      Subd. 1c.  [RATE INCREASES.] A county agency may not 
  1.10  increase the rates negotiated for group residential housing 
  1.11  above those in effect on June 30, 1993, except: as provided in 
  1.12  paragraphs (a) to (g).  
  1.13     (a) A county may increase the rates for group residential 
  1.14  housing settings to the MSA equivalent rate for those settings 
  1.15  whose current rate is below the MSA equivalent rate.  
  1.16     (b) A county agency may increase the rates for residents in 
  1.17  adult foster care whose difficulty of care has increased.  The 
  1.18  total group residential housing rate for these residents must 
  1.19  not exceed the maximum rate specified in subdivisions 1 and 1a.  
  1.20  County agencies must not include nor increase group residential 
  1.21  housing difficulty of care rates for adults in foster care whose 
  1.22  difficulty of care is eligible for funding by home and 
  1.23  community-based waiver programs under title XIX of the Social 
  1.24  Security Act.  
  1.25     (c) The room and board rates will be increased each year 
  2.1   when the MSA equivalent rate is adjusted for SSI cost-of-living 
  2.2   increases by the amount of the annual SSI increase, less the 
  2.3   amount of the increase in the medical assistance personal needs 
  2.4   allowance under section 256B.35.  
  2.5      (d) When a group residential housing rate is used to pay 
  2.6   for an individual's room and board, or other costs necessary to 
  2.7   provide room and board, the rate payable to the residence must 
  2.8   continue for up to 18 calendar days per incident that the person 
  2.9   is temporarily absent from the residence, not to exceed 60 days 
  2.10  in a calendar year, if the absence or absences have received the 
  2.11  prior approval of the county agency's social service staff.  
  2.12  Prior approval is not required for emergency absences due to 
  2.13  crisis, illness, or injury.  
  2.14     (e) For facilities meeting substantial change criteria 
  2.15  within the prior year.  Substantial change criteria exists if 
  2.16  the group residential housing establishment experiences a 25 
  2.17  percent increase or decrease in the total number of its beds, if 
  2.18  the net cost of capital additions or improvements is in excess 
  2.19  of 15 percent of the current market value of the residence, or 
  2.20  if the residence physically moves, or changes its licensure, and 
  2.21  incurs a resulting increase in operation and property costs. 
  2.22     (f) Until June 30, 1994, a county agency may increase by up 
  2.23  to five percent the total rate paid for recipients of assistance 
  2.24  under sections 256D.01 to 256D.21 or 256D.33 to 256D.54 who 
  2.25  reside in residences that are licensed by the commissioner of 
  2.26  health as a boarding care home, but are not certified for the 
  2.27  purposes of the medical assistance program.  However, an 
  2.28  increase under this clause must not exceed an amount equivalent 
  2.29  to 65 percent of the 1991 medical assistance reimbursement rate 
  2.30  for nursing home resident class A, in the geographic grouping in 
  2.31  which the facility is located, as established under Minnesota 
  2.32  Rules, parts 9549.0050 to 9549.0058. 
  2.33     (g) A county agency may increase the total rate paid for 
  2.34  recipients of assistance under sections 256D.01 to 256D.21 or 
  2.35  256D.33 to 256D.54 who reside in residences that meet the 
  2.36  following criteria: 
  3.1      (1) they are licensed by the commissioner of health as a 
  3.2   boarding care home; 
  3.3      (2) they are not certified for the purposes of the medical 
  3.4   assistance program; 
  3.5      (3) at least 50 percent of their residents are diagnosed 
  3.6   with mental illness; and 
  3.7      (4) they provide medication administration to residents.  
  3.8   An increase under paragraph (g) must not exceed an amount 
  3.9   equivalent to the 1995 medical assistance reimbursement rate for 
  3.10  nursing home resident class A, in the geographic grouping in 
  3.11  which the facility is located, as established under Minnesota 
  3.12  Rules, parts 9520.0500 to 9549.0058.