SF 2106

as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2017 08:36am

A bill for an act
relating to human services; modifying notice requirements to recipients of home
care services following provider termination; modifying reimbursement rates for
intermediate care facilities for persons with developmental disabilities and home
and community-based providers; ratifying the self-directed workforce contract;
increasing rates for self-directed workforce; appropriating money; amending
Minnesota Statutes 2016, sections 256B.0651, subdivision 17; 256B.5012, by
adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter
256B.

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

Section 1.

Minnesota Statutes 2016, section 256B.0651, subdivision 17, is amended to
read:

Subd. 17.

Recipient protection.

(a) Providers of home care services must provide each
recipient with a copy of the home care bill of rights under section 144A.44 at least 30 days
prior to terminating services to a recipient, if the termination results from provider sanctions
deleted text begin under section 256B.064 deleted text end new text begin imposed by the commissioner new text end , such as a payment withhold, a
suspension of participation, or a new text begin notice of new text end termination of participation. If a home care provider
determines it is unable to continue providing services to a recipient, the provider must notify
the recipient, the recipient's responsible party, and the commissioner 30 days prior to
terminating services to the recipient because of an action deleted text begin under section 256B.064 deleted text end new text begin taken by
the commissioner new text end , and must assist the commissioner and lead agency in supporting the
recipient in transitioning to another home care provider of the recipient's choice.

(b) In the event of a payment withhold from a home care provider, a suspension of
participation, or a new text begin notice of new text end termination of participation of a home care provider deleted text begin under
section 256B.064 deleted text end new text begin imposed by the commissioner new text end , the commissioner may inform the Office
of Ombudsman for Long-Term Care and the lead agencies for all recipients with active
service agreements with the provider. At the commissioner's request, the lead agencies must
contact recipients to ensure that the recipients are continuing to receive needed care, and
that the recipients have been given free choice of provider if they transfer to another home
care provider. In addition, the commissioner or the commissioner's delegate may directly
notify recipients who receive care from the provider that payments have been withheld or
that the deleted text begin provider's deleted text end new text begin provider has been notified of a suspension or termination of new text end participation
in medical assistance deleted text begin has been suspended or terminated deleted text end , if the commissioner determines
that notification is necessary to protect the welfare of the recipients. For purposes of this
subdivision, "lead agencies" means counties, tribes, and managed care organizations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [256B.4915] DISABILITY WAIVER REIMBURSEMENT RATE
ADJUSTMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Historical rate. new text end

new text begin The commissioner of human services shall adjust the
historical rates calculated in section 256B.4913, subdivision 4a, paragraph (b), in effect
during the banding period under section 256B.4913, subdivision 4a, paragraph (a), for each
reimbursement rate adjustment under section 256B.4919; Laws 2013, chapter 108, article
7, sections 34 and 60; and Laws 2014, chapter 312, article 27, sections 57 and 75.
new text end

new text begin Subd. 2. new text end

new text begin Disability waiver rates system. new text end

new text begin The commissioner shall adjust the rates
calculated in sections 256B.4914, subdivision 6, paragraphs (b), clause (4), and (c);
256B.4914, subdivision 7, clauses (15) to (17); 256B.4914, subdivision 8, clause (14); and
256B.4914, subdivision 9, clause (23), for each reimbursement rate adjustment under Laws
2013, chapter 108, article 7, sections 34 and 60; and Laws 2014, chapter 312, article 27,
sections 57 and 75.
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

Sec. 3.

new text begin [256B.4919] HOME AND COMMUNITY-BASED SERVICE PROVIDER
RATE AND GRANT ADJUSTMENTS.
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 terms in this
subdivision have the meaning given, unless otherwise provided for in this section.
new text end

new text begin (b) "Employee" means a person directly employed by a provider and who provides direct
care to an individual. Employee does not include:
new text end

new text begin (1) a person employed in the central office of a corporation or entity that has an ownership
interest in the provider or exercises control over the provider;
new text end

new text begin (2) a person paid by the provider under a management contract;
new text end

new text begin (3) a person employed by a provider that has less than five percent of the provider's
direct care employees providing services impacted by rate increases under subdivision 2;
or
new text end

new text begin (4) persons employed by counties.
new text end

new text begin (c) "Rates" means the payments made by the commissioner of human services for
services. Rates includes reimbursement rates, rate limits, individual limits, grants, or
allocations, as applicable.
new text end

new text begin (d) "Services" refers to:
new text end

new text begin (1) home and community-based services that have payment rates determined under
section 256B.4914;
new text end

new text begin (2) consumer-directed community supports as offered under community alternative care
waivered services, community alternatives for disabled individuals waivered services, brain
injury waivered services, and home and community-based services for persons with
developmental disabilities waivered services;
new text end

new text begin (3) nursing services and home health services under section 256B.0625, subdivision 6a;
new text end

new text begin (4) personal care services and qualified professional supervision of personal care services
under section 256B.0625, subdivisions 6a and 19a;
new text end

new text begin (5) home care nursing services under section 256B.0625, subdivision 7;
new text end

new text begin (6) community first services and supports under section 256B.85;
new text end

new text begin (7) day training and habilitation services for adults with developmental disabilities under
sections 252.41 to 252.46, including the additional cost to counties of the rate adjustments
on day training and habilitation services provided as a social service;
new text end

new text begin (8) semi-independent living services under section 252.275;
new text end

new text begin (9) consumer support grants under section 256.476;
new text end

new text begin (10) housing access grants under section 256B.0658;
new text end

new text begin (11) self-advocacy grants under Laws 2009, chapter 101;
new text end

new text begin (12) deaf and hard-of-hearing grants, including 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 under section 256.01, subdivision 2;
new text end

new text begin (13) deaf and hard-of-hearing grants under sections 256C.233, 256C.25, and 256C.261;
new text end

new text begin (14) employment support grants under section 256B.021, subdivision 6; and
new text end

new text begin (15) grants provided to people who are eligible for the Housing Opportunities for Persons
with AIDS Program under section 256B.492.
new text end

new text begin Subd. 2. new text end

new text begin Rate and grant adjustments. new text end

new text begin (a) For the rate period beginning July 1, 2017,
the commissioner shall increase rates for services by an amount equal to four percent of
rates in effect on June 30, 2017.
new text end

new text begin (b) For the rate period beginning July 1, 2018, the commissioner shall increase rates for
services by an amount equal to four percent of rates in effect on June 30, 2018.
new text end

new text begin Subd. 3. new text end

new text begin Application of increase to the disability waiver rate system. new text end

new text begin For the services
under section 256B.4919, subdivision 1, paragraph (d), clause (1), the rate adjustments
under subdivision 2 shall be applied in the manner described in section 256B.4915.
new text end

new text begin Subd. 4. new text end

new text begin Wage increases. new text end

new text begin Except as provided in subdivision 6, a provider that receives
a rate increase under subdivision 2 must increase the wages for employees employed on or
after the effective date of each rate increase by a percentage equal to the percent increase
in rates.
new text end

new text begin Subd. 5. new text end

new text begin Certification of wage increases. new text end

new text begin (a) A provider that receives a rate increase
under subdivision 2 shall prepare and submit to the commissioner a certification that specifies
that all employees received a wage increase consistent with the requirements of subdivision
3.
new text end

new text begin (b) Within six months of the effective date of each rate increase, the provider shall post
a copy of the certification required under paragraph (a). The provider must post the
certification for at least six weeks in an area of the provider's operation to which all
employees have access and must provide instructions for employees who do not believe
they received the wage increases specified in the certification. The instructions must include
a mailing address, e-mail address, and telephone number that an employee may use to
contact the commissioner or the commissioner's representative.
new text end

new text begin Subd. 6. new text end

new text begin Employees represented by exclusive bargaining representative. new text end

new text begin For a
provider that has employees who are represented by an exclusive bargaining representative,
the provider shall obtain a letter of acceptance of the certification required under subdivision
4, relating to the members of the bargaining unit, signed by the exclusive bargaining agent.
Upon receipt of the letter of acceptance, the provider shall be deemed to have met all the
requirements of this section relating to the members of the bargaining unit. The provider
shall submit the letter of acceptance to the commissioner along with the certification required
by subdivision 4.
new text end

new text begin Subd. 7. new text end

new text begin Public employees under collective bargaining agreement. new text end

new text begin For public
employees under a collective bargaining agreement, the increases for wages are available
and wages may be increased, but only to the extent that the wage increases comply with
laws governing public employees' collective bargaining.
new text end

new text begin Subd. 8. new text end

new text begin Lead agency waiver budget allocations. new text end

new text begin On the effective date of each rate
adjustment under subdivision 2, the commissioner shall adjust home and community-based
waivered service budget allocations to lead agencies to reflect the rate adjustment.
new text end

new text begin Subd. 9. new text end

new text begin State grant contracts. new text end

new text begin The commissioner shall amend state grant contracts
that include direct personnel-related grant expenditures to include an increased allocation
for the portion of the contract related to employee wages. Grant contracts for wages for
direct care workers must be amended to pass through these adjustments within 60 days of
the effective date of each rate adjustment under subdivision 2 and must be retroactive to its
effective date.
new text end

new text begin Subd. 10. new text end

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

new text begin Counties shall increase the budget
for each recipient of consumer-directed community supports by the amount of each rate
increase in subdivision 2 on its effective date.
new text end

new text begin Subd. 11. new text end

new text begin County and tribal contracts. new text end

new text begin County or tribal contracts for services must be
amended to pass through each rate increase within 60 days of the effective date of the
increase.
new text end

new text begin Subd. 12. new text end

new text begin Direct care worker health care coverage. new text end

new text begin For the rate period beginning July
1, 2019, and annually thereafter, the commissioner shall increase rates for each provider
reimbursed under this section in an amount equal to that provider's annualized cost to provide
single health care coverage for a provider's employees during the second most recent rate
period.
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

Sec. 4.

Minnesota Statutes 2016, section 256B.5012, is amended by adding a subdivision
to read:

new text begin Subd. 17. new text end

new text begin ICF/DD rate increases effective July 1, 2017, and July 1, 2018. new text end

new text begin (a) For the
rate period beginning July 1, 2017, the commissioner shall increase operating payments for
each facility reimbursed under this section by an amount equal to four percent of the operating
payment rates in effect on June 30, 2017. For the rate period beginning July 1, 2018, the
commissioner shall increase operating payments for each facility reimbursed under this
section by an amount equal to four percent of the operating payment rates in effect on June
30, 2018.
new text end

new text begin (b) For each facility, the commissioner shall apply the rate increases based on occupied
beds, using the percentage specified in this subdivision multiplied by the total payment rate,
including the variable rate but excluding the property-related payment rate, in effect on the
last day of the prior rate period. The total rate increase shall include the adjustment provided
in section 256B.501, subdivision 12.
new text end

new text begin (c) Except as provided under paragraph (g), facilities that receive a rate increase under
this subdivision must increase by four percent the wages for employees employed on or
after the effective date of each rate increase. For the purposes of this subdivision, "employee"
means a person who is employed directly by the facility and who provides direct care to
individuals. Employee does not mean a person who is employed in the central office of a
corporation or entity that has an ownership interest in the facility or exercises control over
the facility, nor a person who is paid by the facility under a management contract.
new text end

new text begin (d) A facility that receives a rate adjustment under paragraph (a) shall prepare and submit
to the commissioner a certification that all employees received a wage increase consistent
with the requirements of paragraph (c).
new text end

new text begin (e) Within six months of the effective date of each rate adjustment, the facility shall post
a copy of the certification required under paragraph (d). The facility must post the
certification for at least six weeks in an area of the facility's operation to which all employees
have access and must provide instructions for employees who do not believe they received
the wage increases specified in the certification. The instructions must include a mailing
address, e-mail address, and telephone number that an employee may use to contact the
commissioner or the commissioner's representative.
new text end

new text begin (f) For a facility that has employees represented by an exclusive bargaining representative,
the provider shall obtain a letter of acceptance of the certification required under paragraph
(d), relating to the members of the bargaining unit, signed by the exclusive bargaining agent.
Upon receipt of the letter of acceptance, the facility shall be deemed to have met all the
requirements of this subdivision relating to the members of the bargaining unit. The facility
shall submit the letter of acceptance to the commissioner along with the certification as
required by paragraph (d).
new text end

new text begin (g) For public employees under a collective bargaining agreement, the increases for
wages are available and pay rates may be increased, but only to the extent that the pay rate
increases comply with laws governing public employees' collective bargaining.
new text end

new text begin (h) Paragraphs (f) and (g) shall not apply to county employees covered by a collective
bargaining agreement.
new text end

new text begin (i) The commissioner shall amend state grant contracts that include direct
personnel-related grant expenditures to include an increased allocation for the portion of
the contract related to employee wages. Grant contracts for wages for direct care workers
must be amended to pass through these adjustments within 60 days of the effective date of
the increase and must be retroactive to the effective date of the increase.
new text end

new text begin (j) For the rate period beginning July 1, 2019, and annually thereafter, the commissioner
shall increase operating payment rates for any provider reimbursed under this subdivision
by an amount equal to the provider's annualized cost to provide single health care coverage
for a provider's employees during the second most recent rate period.
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

Sec. 5. new text begin INDIVIDUAL PROVIDERS OF DIRECT SUPPORT SERVICES.
new text end

new text begin The labor agreement between the state of Minnesota and the Service Employees
International Union Healthcare Minnesota, submitted to the Legislative Coordinating
Commission on March 7, 2017, is ratified.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 6. new text begin RATE INCREASE FOR SELF-DIRECTED WORKFORCE
NEGOTIATIONS.
new text end

new text begin (a) The commissioner of human services shall:
new text end

new text begin (1) increase reimbursement rates, grants, or allocations by 3.09 percent for services
provided on or after July 1, 2017;
new text end

new text begin (2) increase reimbursement rates, grants, or allocations by 0.1 percent for services
provided on or after July 1, 2018; and
new text end

new text begin (3) increase the reimbursement rates, grants, or allocations by an additional ten percent
for services provided on or after July 1, 2018, for service recipients with complex needs,
defined as recipients with eligibility for 12 or more hours of personal care assistance services
per day according to Minnesota Statutes, section 256B.0652.
new text end

new text begin (b) The rate changes described in this section apply to direct support services provided
through a covered program, as defined by Minnesota Statutes, section 256B.0711, subdivision
1, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective if the labor agreement between the state
and the Service Employees International Union Healthcare Minnesota according to Minnesota
Statutes, sections 3.855, 179A.22, and 179A.54, is ratified by the legislature. The
commissioner of human services shall notify the revisor of statutes when ratification occurs.
new text end

Sec. 7. new text begin APPROPRIATION; INDIVIDUAL PROVIDER REGISTRY.
new text end

new text begin $375,000 in fiscal year 2018 and $375,000 in fiscal year 2019 are for the registry of
individual providers of direct support services as defined in Minnesota Statutes, section
256B.0711, subdivision 1.
new text end

Sec. 8. new text begin APPROPRIATION; TRAINING OF DIRECT SUPPORT SERVICES
PROVIDERS.
new text end

new text begin $400,000 in fiscal year 2018 and $400,000 in fiscal year 2019 are for training and
orientation of individual providers of direct support services as defined in Minnesota Statutes,
section 256B.0711, subdivision 1. This is a onetime appropriation. This appropriation is
not available until the labor agreement between the state of Minnesota and the Service
Employees International Union Healthcare Minnesota under Minnesota Statutes, section
179A.54, is implemented under Minnesota Statutes, sections 3.855 and 179A.22. The funding
is available in either year of the biennium and is available until June 30, 2021.
new text end

Sec. 9. new text begin APPROPRIATION; STIPENDS FOR DIRECT SUPPORT SERVICES
PROVIDERS.
new text end

new text begin $2,750,000 in fiscal year 2019 is for training of individual providers of direct support
services as defined in Minnesota Statutes, section 256B.0711, subdivision 1. Of this amount,
$2,500,000 shall only be used for stipends of $500 for up to 5,000 individual providers who
have completed designated, voluntary trainings. Up to $250,000 may be used by the grantee
for grant administration. This appropriation is not available until the labor agreement between
the state of Minnesota and the Service Employees International Union Healthcare Minnesota
under Minnesota Statutes, section 179A.54, is implemented under Minnesota Statutes,
sections 3.855 and 179A.22. If made available, this appropriation is onetime and is available
until June 30, 2021.
new text end

Sec. 10. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber the provisions of Minnesota Statutes listed in
column A to the references listed in column B. The revisor shall also make necessary
cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
renumbering.
new text end

new text begin Column A new text end	new text begin Column B new text end
new text begin 256B.038 new text end	new text begin 256B.4917 new text end
new text begin 256B.765 new text end	new text begin 256B.4918 new text end