SF 2003

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; providing a rate increase
for nursing facilities, intermediate care facilities,
and community services; establishing a nursing
facility bed closure incentive; limiting expansion of
certain waiver programs; appropriating money; amending
Minnesota Statutes 2004, sections 256B.431, by adding
subdivisions; 256B.434, subdivision 4; 256B.48,
subdivision 1; 256B.5012, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 256B.431, is
amended by adding a subdivision to read:

new text begin Subd. 41. new text end

new text begin Nursing facility rate increase for july 1,
2005. new text end

new text begin (a) For the rate year beginning July 1, 2005, the
commissioner shall make available to each nursing facility
reimbursed under this section or section 256B.434 an adjustment
equal to two percent of the total operating payment rate.
new text end

new text begin (b) Money resulting from the rate adjustment under
paragraph (a) must be used to increase wages and benefits and
pay associated costs for employees, except management fees, the
administrator, and central office staff. Money received by a
facility as a result of the rate adjustment provided in
paragraph (a) must be used only for wage, benefit, and staff
increases implemented on or after July 1, 2005, and must not be
used for increases implemented prior to that date.
new text end

new text begin (c) Nursing facilities may apply for the rate adjustment
under paragraph (a). The application must be made to the
commissioner and contain a plan by which the nursing facility
will distribute the funds according to paragraph (b). For
nursing facilities in which the employees are represented by an
exclusive bargaining representative, an agreement negotiated and
agreed to by the employer and the exclusive bargaining
representative constitutes the plan. A negotiated agreement may
constitute the plan only if the agreement is finalized after the
date of enactment of all increases for the rate year and signed
by both parties prior to submission to the commissioner. The
commissioner shall review the plan to ensure that the rate
adjustments are used as provided in paragraph (b). To be
eligible, a facility must submit its distribution plan by
December 31, 2005. If a facility's distribution plan is
effective after the first day of the rate year, the rate
adjustments are effective the same date as the facility's plan.
new text end

new text begin (d) A copy of the approved distribution plan must be made
available to all employees by giving each employee a copy or by
posting a copy in an area of the nursing facility to which all
employees have access. If an employee does not receive the wage
and benefit adjustment described in the facility's approved plan
and is unable to resolve the problem with the facility's
management or through the employee's union representative, the
employee may contact the commissioner at an address or telephone
number provided by the commissioner and included in the approved
plan.
new text end

Sec. 2.

Minnesota Statutes 2004, section 256B.431, is
amended by adding a subdivision to read:

new text begin Subd. 42. new text end

new text begin Nursing facility bed closure incentive
adjustments effective january 1, 2006, and january 1, 2007. new text end

new text begin (a)
For the purposes of rate adjustments under this subdivision, the
commissioner shall divide nursing facilities reimbursed under
this section or section 256B.434 into quartiles according to the
number of licensed nursing homes per 1,000 persons aged 65 or
older in the county in which the facility is located, based on
the most recently available census population data and Minnesota
Department of Health data on numbers of licensed beds as of
September 30, 2005, and September 30, 2006, respectively. The
first quartile shall be the quartile with the lowest number of
beds per 1,000, and the fourth quartile shall be the quartile
with the highest number of beds per 1,000.
new text end

new text begin (b) For the rate period beginning January 1, 2006, the
commissioner shall adjust the rates provided to each nursing
facility reimbursed under this section or section 256B.434, as
follows:
new text end

new text begin (1) for facilities in the first quartile, rates shall not
be adjusted under this subdivision;
new text end

new text begin (2) for facilities in the second quartile, total payment
rates in effect on December 31, 2005, shall be reduced by two
percent. After this adjustment, total payment rates for
residents in single-bed rooms shall be increased by five
percent;
new text end

new text begin (3) for facilities in the third quartile, total payment
rates in effect on December 31, 2005, shall be reduced by three
percent. After this adjustment, total payment rates for
residents in single-bed rooms shall be increased by 7.5 percent;
and
new text end

new text begin (4) for facilities in the fourth quartile, total payment
rates in effect on December 31, 2005, shall be reduced by four
percent. After this adjustment, total payment rates for
residents in single-bed rooms shall be increased by ten percent.
new text end

new text begin (c) For the rate period beginning January 1, 2007, the
commissioner shall redetermine the quartiles and shall adjust
the rates provided to each nursing facility reimbursed under
this section or section 256B.434 as follows:
new text end

new text begin (1) for facilities in the first quartile, rates shall not
be adjusted under this subdivision;
new text end

new text begin (2) for facilities in the second quartile, total payment
rates in effect on December 31, 2006, shall be reduced by two
percent. After this adjustment, total payment rates for
residents in single-bed rooms shall be increased by five
percent;
new text end

new text begin (3) for facilities in the third quartile, total payment
rates in effect on December 31, 2006, shall be reduced by three
percent. After this adjustment, total payment rates for
residents in single-bed rooms shall be increased by 7.5 percent;
and
new text end

new text begin (4) for facilities in the fourth quartile, total payment
rates in effect on December 31, 2006, shall be reduced by four
percent. After this adjustment, total payment rates for
residents in single-bed rooms shall be increased by ten percent.
new text end

new text begin (d) The adjustments under paragraphs (b) and (c) shall
apply to all components of the total rate.
new text end

new text begin (e) For rates effective January 1, 2006, and later,
notwithstanding Minnesota Rules, part 9549.0060, subpart 11,
items B and C, capacity days used to determine property-related
payment rates under this section and Minnesota Rules, parts
9549.0010 to 9549.0080, shall be the number of licensed beds at
the end of the reporting year multiplied by the number of days
in the reporting year. The computation of the property-related
rate adjustment in subdivision 30, shall be computed in this
manner beginning with bed count changes that are effective after
January 1, 2006. The occupancy factor and short length of stay
calculations in subdivision 3f, paragraph (c), are not
superseded by this change.
new text end

new text begin Nursing facilities with rates established under section
256B.434, on or before January 1, 2006, that assigned greater
costs to single-bed rooms in their base year or in a subsequent
change under subdivision 30, shall have the rate effect of the
assignment reversed before application of the rate adjustment in
paragraphs (b) and (c). The reversal must be done by
recomputing the capacity days divisor without including the
factor in Minnesota Rules, part 9549.0060, subpart 11, item B,
in the last property-related payment rate computation under this
section, and Minnesota Rules, parts 9549.0010 to 9549.0080, a
moratorium exception project under section 144A.073, or
adjustment under subdivision 30.
new text end

new text begin (f) Newly constructed or newly established facilities with
interim and settle-up rates shall have their total payment rates
adjusted according to paragraphs (b) and (c), after the
application of Minnesota Rules, parts 9549.0010 to 9549.0080.
These facilities shall remain eligible to have actual resident
days used as a divisor for their property-related rate as
allowed in Minnesota Rules, part 9549.0060, subpart 14.
new text end

new text begin (g) Notwithstanding Minnesota Rules, part 9549.0070,
subpart 3, the rate for a medical assistance recipient in a
single-bed room shall be according to paragraphs (b) and (c).
This higher rate shall be paid regardless of whether the
resident has a physician's order for a single-bed room.
new text end

new text begin (h) The commissioner may, upon written application in
response to a request for applications, delay or exempt nursing
facilities from the rate adjustments in paragraphs (b) and (c).
The commissioner may approve delays of up to six months for
nursing facilities with a total of up to 4,000 beds. In
addition, the commissioner may approve exemptions for nursing
facilities with a total of up to 4,000 beds. In determining
whether or not to approve a delay or exemption, the commissioner
shall consider whether:
new text end

new text begin (1) the nursing facility is no closer than 25 miles from
another nursing facility;
new text end

new text begin (2) the nursing facility serves a population that is at
least 40 percent individuals with a mental health diagnosis;
new text end

new text begin (3) the nursing facility has fewer than 30 rooms available
for resident occupancy;
new text end

new text begin (4) the nursing facility is located in a town in which more
than 50 percent of the population is age 65 or older; or
new text end

new text begin (5) the nursing facility has a low resident turnover rate.
new text end

new text begin (i) The commissioner may, upon written application in
response to a request for applications, restore a portion of the
rate reduction in paragraph (c), either permanently or on a
time-limited basis at the sole discretion of the commissioner,
if all nursing facilities in the state together choose to remove
more beds from service than anticipated. The commissioner may
exercise this authority upon a determination that more than
4,000 beds have been removed from service after January 1, 2006,
and before December 31, 2006, or that more than 6,000 beds have
been removed from service after January 1, 2006, and before
December 31, 2007. This authority applies only for nursing
facilities that notify the commissioner in the facility's
application of the facility's intent to close or remove beds
from service if a restoration of a portion of the rate reduction
is not provided. In determining whether or not to approve an
application, the commissioner shall consider the criteria in
paragraph (h). The cost of rate restorations approved under
this paragraph must not exceed the estimated savings resulting
from the closure of more than 3,500 beds between January 1,
2006, and December 31, 2006.
new text end

new text begin (j) A nursing facility is prohibited from discharging
residents for purposes of establishing single-bed rooms. A
nursing facility must retain a statement from any resident
discharged to another nursing facility between July 1, 2005, and
December 31, 2007, signed by the resident or the resident's
designated responsible party, certifying the resident requests
to move and is under no coercion to be discharged. This signed
statement must be witnessed and signed by the local ombudsman.
The commissioner shall assess a monetary penalty of $5,000 per
occurrence against any nursing facility determined to have
discharged a resident for purposes of establishing single-bed
rooms.
new text end

new text begin (k) Nursing facilities shall report information on their
bed composition sufficient to determine that billing for
single-bed rooms is correct and in a format and according to a
schedule determined by the commissioner. A single-bed room is a
bedroom that has one bed and has a door with unshared direct
access to the corridor.
new text end

new text begin (l) If after the date of enactment of this section and
before December 31, 2007, more than 4,000 nursing home beds are
removed from service, a portion of the appropriation for nursing
homes shall be transferred to the alternative care program. The
amount of this transfer shall equal the number of beds removed
from service less 4,000, multiplied by the average monthly
per-person cost for alternative care, multiplied by 12, and
further multiplied by .3.
new text end

new text begin (m) This subdivision does not apply to a residence that on
August 1, 1984, was licensed by the commissioner of health only
as a boarding care home, certified by the commissioner of health
as an intermediate care facility, and licensed by the
commissioner of human services under Minnesota Rules, parts
9520.0500 to 9520.0690.
new text end

Sec. 3.

Minnesota Statutes 2004, section 256B.434,
subdivision 4, is amended to read:

Subd. 4.

Alternate rates for nursing facilities.

(a) For
nursing facilities which have their payment rates determined
under this section rather than section 256B.431, the
commissioner shall establish a rate under this subdivision. The
nursing facility must enter into a written contract with the
commissioner.

(b) A nursing facility's case mix payment rate for the
first rate year of a facility's contract under this section is
the payment rate the facility would have received under section
256B.431.

(c) A nursing facility's case mix payment rates for the
second and subsequent years of a facility's contract under this
section are the previous rate year's contract payment rates plus
an inflation adjustment and, for facilities reimbursed under
this section or section 256B.431, an adjustment to include the
cost of any increase in Health Department licensing fees for the
facility taking effect on or after July 1, 2001. The index for
the inflation adjustment must be based on the change in the
Consumer Price Index-All Items (United States City average)
(CPI-U) forecasted by the commissioner of finance's national
economic consultant, as forecasted in the fourth quarter of the
calendar year preceding the rate year. The inflation adjustment
must be based on the 12-month period from the midpoint of the
previous rate year to the midpoint of the rate year for which
the rate is being determined. For the rate years beginning on
July 1, 1999, July 1, 2000, July 1, 2001, July 1, 2002, July 1,
2003, deleted text begin and deleted text end July 1, 2004 new text begin , and July 1, 2005 new text end , this paragraph shall
apply only to the property-related payment rate, except that
adjustments to include the cost of any increase in Health
Department licensing fees taking effect on or after July 1,
2001, shall be provided. In determining the amount of the
property-related payment rate adjustment under this paragraph,
the commissioner shall determine the proportion of the
facility's rates that are property-related based on the
facility's most recent cost report.

(d) The commissioner shall develop additional
incentive-based payments of up to five percent above the
standard contract rate for achieving outcomes specified in each
contract. The specified facility-specific outcomes must be
measurable and approved by the commissioner. The commissioner
may establish, for each contract, various levels of achievement
within an outcome. After the outcomes have been specified the
commissioner shall assign various levels of payment associated
with achieving the outcome. Any incentive-based payment cancels
if there is a termination of the contract. In establishing the
specified outcomes and related criteria the commissioner shall
consider the following state policy objectives:

(1) improved cost effectiveness and quality of life as
measured by improved clinical outcomes;

(2) successful diversion or discharge to community
alternatives;

(3) decreased acute care costs;

(4) improved consumer satisfaction;

(5) the achievement of quality; or

(6) any additional outcomes proposed by a nursing facility
that the commissioner finds desirable.

Sec. 4.

Minnesota Statutes 2004, section 256B.48,
subdivision 1, is amended to read:

Subdivision 1.

Prohibited practices.

A nursing facility
is not eligible to receive medical assistance payments unless it
refrains from all of the following:

(a) Charging private paying residents rates for similar
services which exceed those which are approved by the state
agency for medical assistance recipients as determined by the
prospective desk audit rate, except deleted text begin under the following
circumstances: the nursing facility may (1) charge private
paying residents a higher rate for a private room, and (2)
charge deleted text end for special services which are not included in the daily
rate if medical assistance residents are charged separately at
the same rate for the same services in addition to the daily
rate paid by the commissioner. Services covered by the payment
rate must be the same regardless of payment source. Special
services, if offered, must be available to all residents in all
areas of the nursing facility and charged separately at the same
rate. Residents are free to select or decline special
services. Special services must not include services which must
be provided by the nursing facility in order to comply with
licensure or certification standards and that if not provided
would result in a deficiency or violation by the nursing
facility. Services beyond those required to comply with
licensure or certification standards must not be charged
separately as a special service if they were included in the
payment rate for the previous reporting year. A nursing
facility that charges a private paying resident a rate in
violation of this clause is subject to an action by the state of
Minnesota or any of its subdivisions or agencies for civil
damages. A private paying resident or the resident's legal
representative has a cause of action for civil damages against a
nursing facility that charges the resident rates in violation of
this clause. The damages awarded shall include three times the
payments that result from the violation, together with costs and
disbursements, including reasonable attorneys' fees or their
equivalent. A private paying resident or the resident's legal
representative, the state, subdivision or agency, or a nursing
facility may request a hearing to determine the allowed rate or
rates at issue in the cause of action. Within 15 calendar days
after receiving a request for such a hearing, the commissioner
shall request assignment of an administrative law judge under
sections 14.48 to 14.56 to conduct the hearing as soon as
possible or according to agreement by the parties. The
administrative law judge shall issue a report within 15 calendar
days following the close of the hearing. The prohibition set
forth in this clause shall not apply to facilities licensed as
boarding care facilities which are not certified as skilled or
intermediate care facilities level I or II for reimbursement
through medical assistance.

(b)(1) Charging, soliciting, accepting, or receiving from
an applicant for admission to the facility, or from anyone
acting in behalf of the applicant, as a condition of admission,
expediting the admission, or as a requirement for the
individual's continued stay, any fee, deposit, gift, money,
donation, or other consideration not otherwise required as
payment under the state plan;

(2) requiring an individual, or anyone acting in behalf of
the individual, to loan any money to the nursing facility;

(3) requiring an individual, or anyone acting in behalf of
the individual, to promise to leave all or part of the
individual's estate to the facility; or

(4) requiring a third-party guarantee of payment to the
facility as a condition of admission, expedited admission, or
continued stay in the facility.

Nothing in this paragraph would prohibit discharge for
nonpayment of services in accordance with state and federal
regulations.

(c) Requiring any resident of the nursing facility to
utilize a vendor of health care services chosen by the nursing
facility. A nursing facility may require a resident to use
pharmacies that utilize unit dose packing systems approved by
the Minnesota Board of Pharmacy, and may require a resident to
use pharmacies that are able to meet the federal regulations for
safe and timely administration of medications such as systems
with specific number of doses, prompt delivery of medications,
or access to medications on a 24-hour basis. Notwithstanding
the provisions of this paragraph, nursing facilities shall not
restrict a resident's choice of pharmacy because the pharmacy
utilizes a specific system of unit dose drug packing.

(d) Providing differential treatment on the basis of status
with regard to public assistance.

(e) Discriminating in admissions, services offered, or room
assignment on the basis of status with regard to public
assistance or refusal to purchase special services. Admissions
discrimination shall include, but is not limited to:

(1) basing admissions decisions upon assurance by the
applicant to the nursing facility, or the applicant's guardian
or conservator, that the applicant is neither eligible for nor
will seek public assistance for payment of nursing facility care
costs; and

(2) engaging in preferential selection from waiting lists
based on an applicant's ability to pay privately or an
applicant's refusal to pay for a special service.

The collection and use by a nursing facility of financial
information of any applicant pursuant to a preadmission
screening program established by law shall not raise an
inference that the nursing facility is utilizing that
information for any purpose prohibited by this paragraph.

(f) Requiring any vendor of medical care as defined by
section 256B.02, subdivision 7, who is reimbursed by medical
assistance under a separate fee schedule, to pay any amount
based on utilization or service levels or any portion of the
vendor's fee to the nursing facility except as payment for
renting or leasing space or equipment or purchasing support
services from the nursing facility as limited by section
256B.433. All agreements must be disclosed to the commissioner
upon request of the commissioner. Nursing facilities and
vendors of ancillary services that are found to be in violation
of this provision shall each be subject to an action by the
state of Minnesota or any of its subdivisions or agencies for
treble civil damages on the portion of the fee in excess of that
allowed by this provision and section 256B.433. Damages awarded
must include three times the excess payments together with costs
and disbursements including reasonable attorney's fees or their
equivalent.

(g) Refusing, for more than 24 hours, to accept a resident
returning to the same bed or a bed certified for the same level
of care, in accordance with a physician's order authorizing
transfer, after receiving inpatient hospital services.

For a period not to exceed 180 days, the commissioner may
continue to make medical assistance payments to a nursing
facility or boarding care home which is in violation of this
section if extreme hardship to the residents would result. In
these cases the commissioner shall issue an order requiring the
nursing facility to correct the violation. The nursing facility
shall have 20 days from its receipt of the order to correct the
violation. If the violation is not corrected within the 20-day
period the commissioner may reduce the payment rate to the
nursing facility by up to 20 percent. The amount of the payment
rate reduction shall be related to the severity of the violation
and shall remain in effect until the violation is corrected.
The nursing facility or boarding care home may appeal the
commissioner's action pursuant to the provisions of chapter 14
pertaining to contested cases. An appeal shall be considered
timely if written notice of appeal is received by the
commissioner within 20 days of notice of the commissioner's
proposed action.

In the event that the commissioner determines that a
nursing facility is not eligible for reimbursement for a
resident who is eligible for medical assistance, the
commissioner may authorize the nursing facility to receive
reimbursement on a temporary basis until the resident can be
relocated to a participating nursing facility.

Certified beds in facilities which do not allow medical
assistance intake on July 1, 1984, or after shall be deemed to
be decertified for purposes of section 144A.071 only.

Sec. 5.

Minnesota Statutes 2004, section 256B.5012, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Icf/mr rate increase beginning july 1, 2005. new text end

new text begin (a)
For the rate period beginning July 1, 2005, the commissioner
shall make available to each facility reimbursed under this
section an adjustment to the total operating payment rate of two
percent.
new text end

new text begin (b) Money resulting from the rate adjustment under
paragraph (a) must be used to increase wages and benefits and
pay associated costs for employees, except for administrative
and central office employees. Money received by a facility as a
result of the rate adjustment provided in paragraph (a) must be
used only for wage, benefit, and staff increases implemented on
or after July 1, 2005, and must not be used for increases
implemented prior to that date.
new text end

new text begin (c) For each facility, the commissioner shall make
available an adjustment using the percentage specified in
paragraph (a) multiplied by the total payment rate, excluding
the property-related payment rate, in effect on the preceding
June 30. The total payment rate shall include the adjustment
provided in section 256B.501, subdivision 12.
new text end

new text begin (d) A facility whose payment rates are governed by closure
agreements, receivership agreements, or Minnesota Rules, part
9553.0075, is not eligible for an adjustment otherwise granted
under this subdivision.
new text end

new text begin (e) A facility may apply for the payment rate adjustment
provided under paragraph (a). The application must be made to
the commissioner and contain a plan by which the facility will
distribute the funds according to paragraph (b). For facilities
in which the employees are represented by an exclusive
bargaining representative, an agreement negotiated and agreed to
by the employer and the exclusive bargaining representative
constitutes the plan. A negotiated agreement may constitute the
plan only if the agreement is finalized after the date of
enactment of all rate increases for the rate year. The
commissioner shall review the plan to ensure that the payment
rate adjustment per diem is used as provided in this
subdivision. To be eligible, a facility must submit its plan by
December 31, 2005. If a facility's plan is effective for its
employees after the first day of the applicable rate period that
the funds are available, the payment rate adjustment per diem is
effective the same date as its plan.
new text end

new text begin (f) A copy of the approved distribution plan must be made
available to all employees by giving each employee a copy or by
posting it in an area of the facility to which all employees
have access. If an employee does not receive the wage and
benefit adjustment described in the facility's approved plan and
is unable to resolve the problem with the facility's management
or through the employee's union representative, the employee may
contact the commissioner at an address or telephone number
provided by the commissioner and included in the approved plan.
new text end

Sec. 6. new text begin COMMUNITY SERVICES PROVIDER RATE INCREASES.
new text end

new text begin (a) The commissioner of human services shall increase
reimbursement rates by two percent for the rate year beginning
July 1, 2005, effective for services rendered on or after that
date.
new text end

new text begin (b) The two percent annual rate increase described in this
section must be provided to:
new text end

new text begin (1) home and community-based waivered services for persons
with mental retardation or related conditions under Minnesota
Statutes, section 256B.501;
new text end

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

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

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

new text begin (5) traumatic brain injury waivered services under
Minnesota Statutes, section 256B.49;
new text end

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

new text begin (7) personal care services and nursing supervision of
personal care services under Minnesota Statutes, section
256B.0625, subdivision 19a;
new text end

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

new text begin (9) day training and habilitation services for adults with
mental retardation or related conditions under Minnesota
Statutes, sections 252.40 to 252.46;
new text end

new text begin (10) alternative care services under Minnesota Statutes,
section 256B.0913;
new text end

new text begin (11) adult residential program grants under Minnesota
Rules, parts 9535.2000 to 9535.3000;
new text end

new text begin (12) adult and family community support grants under
Minnesota Rules, parts 9535.1700 to 9535.1760;
new text end

new text begin (13) the group residential housing supplementary service
rate under Minnesota Statutes, section 256I.05, subdivision 1a;
new text end

new text begin (14) adult mental health integrated fund grants under
Minnesota Statutes, section 245.4661;
new text end

new text begin (15) semi-independent living services under Minnesota
Statutes, section 252.275, including SILS funding under county
social services grants formerly funded under Minnesota Statutes,
chapter 256I;
new text end

new text begin (16) community support services for deaf and
hard-of-hearing adults with mental illness who use or wish to
use sign language as their primary means of communication; and
new text end

new text begin (17) living skills training programs for persons with
intractable epilepsy who need assistance in the transition to
independent living.
new text end

new text begin (c) Providers that receive a rate increase under this
section shall use the additional revenue to increase wages and
benefits and pay associated costs for employees, except for
management fees, the administrator, and central office staffs.
new text end

new text begin (d) For public employees, the increase for wages and
benefits for certain staff is available and pay rates shall be
increased only to the extent that they comply with laws
governing public employees collective bargaining. Money
received by a provider for pay increases under this section may
be used only for increases implemented on or after the first day
of the state fiscal year in which the increase is available and
must not be used for increases implemented prior to that date.
new text end

new text begin (e) A copy of the provider's plan for complying with
paragraph (c) must be made available to all employees by giving
each employee a copy or by posting a copy in an area of the
provider's operation to which all employees have access. If an
employee does not receive the adjustment, if any, described in
the plan and is unable to resolve the problem with the provider,
the employee may contact the employee's union representative.
If the employee is not covered by a collective bargaining
agreement, the employee may contact the commissioner at a
telephone number provided by the commissioner and included in
the provider's plan.
new text end

Sec. 7. new text begin LIMITING WAIVER GROWTH.
new text end

new text begin (a) For each year of the biennium ending June 30, 2007, the
commissioner of human services shall make available additional
allocations for community alternatives for disabled individuals
waivered services covered under Minnesota Statutes, section
256B.49, at a rate of $105 per month or $1,260 per year, plus
any additional legislatively authorized growth. Priorities for
the allocation of funds shall be for individuals anticipated to
be discharged from institutional settings or who are at imminent
risk of a placement in an institutional setting.
new text end

new text begin (b) For each year of the biennium ending June 30, 2007, the
commissioner shall make available additional allocations for
traumatic brain injury waivered services covered under Minnesota
Statutes, section 256B.49, at a rate of 165 per year.
Priorities for the allocation of funds shall be for individuals
anticipated to be discharged from institutional settings or who
are at imminent risk of a placement in an institutional setting.
new text end

new text begin (c) For each year of the biennium ending June 30, 2007, the
commissioner shall limit the new diversion caseload growth in
the mental retardation and related conditions waiver to 55
additional allocations. Notwithstanding Minnesota Statutes,
section 256B.0916, subdivision 5, paragraph (b), the available
diversion allocations shall be awarded to support individuals
whose health and safety needs result in an imminent risk of an
institutional placement at any time during the fiscal year.
new text end

Sec. 8. new text begin REPORT TO THE LEGISLATURE.
new text end

new text begin The commissioner of human services shall report to the
legislature by January 15, 2007, and January 15, 2008, on the
number of beds removed from service after the enactment of
section 1, any evidence of problems accessing long-term care
services, and recommendations for modification of that
subdivision.
new text end

Sec. 9. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated for the biennium ending June 30,
2007, from the general fund to the commissioner of human
services for the purposes of sections 1 to 7.
new text end