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SF 2306

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/25/2021 04:31pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; modifying rates for services provided under elderly
waiver; modifying rates for certain services provided under disability waiver;
requiring a report; amending Minnesota Statutes 2020, sections 256S.21;
256S.2101; 256S.211, subdivision 1; 256S.212; 256S.213; 256S.214; 256S.215.

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

Section 1.

Minnesota Statutes 2020, section 256S.21, is amended to read:


256S.21 RATE SETTING; APPLICATION.

The payment methodologies in sections 256S.2101 to 256S.215 apply tonew text begin:
new text end

new text begin (1) thenew text end elderly waiver, elderly waiver customized living, elderly waiver foster care, and
elderly waiver residential care under this chapterdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2)new text end alternative care under section 256B.0913deleted text begin,deleted text endnew text begin;
new text end

new text begin (3)new text end essential community supports under section 256B.0922deleted text begin,deleted text endnew text begin;new text end and deleted text begincommunity access for
disability inclusion customized living and brain injury customized living under section
256B.49.
deleted text end

new text begin (4) the following services, to the extent these services are covered under the home and
community-based services waivers under sections 256B.092 and 256B.49:
new text end

new text begin (i) customized living;
new text end

new text begin (ii) chore services;
new text end

new text begin (iii) home-delivered meals;
new text end

new text begin (iv) homemaker/assistance with personal care;
new text end

new text begin (v) homemaker/cleaning; and
new text end

new text begin (vi) homemaker/home management.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2020, section 256S.2101, is amended to read:


256S.2101 RATE SETTING; deleted text beginPHASE-INdeleted text endnew text begin IMPLEMENTATION AND
INFLATIONARY ADJUSTMENT
new text end.

new text begin (a) new text endAll rates and rate components for services listed in section 256S.21 shall be deleted text beginthe sum
of ten percent of
deleted text end the rates calculated under sections 256S.211 to 256S.215 deleted text beginand 90 percent
of the rates calculated using the rate methodology in effect as of June 30, 2017
deleted text end.

new text begin (b) On January 1 of each odd-numbered year, the commissioner shall update the base
wage index in section 256S.212 based on the most recently available Bureau of Labor
Statistics Minneapolis-St. Paul-Bloomington, MN-WI MetroSA data.
new text end

new text begin (c) On January 1 of each odd-numbered year, the commissioner shall update the payroll
taxes and benefits factor in section 256S.213, subdivision 1, based on the most recently
available nursing facility cost report data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 256S.211, subdivision 1, is amended to read:


Subdivision 1.

Establishing base wages.

When establishing the base wages according
to section 256S.212, the commissioner shall use standard occupational classification (SOC)
codes from the Bureau of Labor Statistics as defined in the edition of the Occupational
Handbook published immediately prior to deleted text beginJanuary 1, 2019,deleted text end new text beginthe implementation or
recalculation of rates
new text endusing Minnesota-specific wages taken from job descriptions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 4.

Minnesota Statutes 2020, section 256S.212, is amended to read:


256S.212 RATE SETTING; BASE WAGE INDEX.

Subdivision 1.

Updating SOC codes.

If any of the SOC codes and positions used in
this section are no longer available, the commissioner shall, in consultation with stakeholders,
select a new SOC code and position that is the closest match to the previously used SOC
position.

Subd. 2.

Home management and support services base wage.

For customized livingdeleted text begin,deleted text endnew text begin
and
new text end foster caredeleted text begin, and residential caredeleted text end component services, the home management and support
services base wage equals 33.33 percent of the Minneapolis-St. Paul-Bloomington, MN-WI
MetroSA average wage for personal and home care aide (SOC code 39-9021); 33.33 percent
of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for food
preparation workers (SOC code 35-2021); and 33.34 percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for maids and housekeeping cleaners
(SOC code 37-2012).

Subd. 3.

Home care aide base wage.

For customized livingdeleted text begin,deleted text endnew text begin andnew text end foster caredeleted text begin, and
residential care
deleted text end component services, the home care aide base wage equals deleted text begin50deleted text endnew text begin 75new text end percent of
the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for home health
aides (SOC code 31-1011); and deleted text begin50deleted text endnew text begin 25new text end percent of the Minneapolis-St. Paul-Bloomington,
MN-WI MetroSA average wage for nursing assistants (SOC code 31-1014).

Subd. 4.

Home health aide base wage.

For customized livingdeleted text begin,deleted text endnew text begin andnew text end foster caredeleted text begin, and
residential care
deleted text end component services, the home health aide base wage equals deleted text begin20deleted text endnew text begin 33.33new text end percent
of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for licensed
practical and licensed vocational nurses (SOC code 29-2061); deleted text beginand 80deleted text endnew text begin 33.33new text end percent of the
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for nursing assistants
(SOC code 31-1014)new text begin; and 33.34 percent of the Minneapolis-St. Paul-Bloomington, MN-WI
MetroSA average wage for home health aides (SOC code 31-1011)
new text end.

Subd. 5.

Medication setups by licensed nurse base wage.

For customized livingdeleted text begin,deleted text endnew text begin andnew text end
foster caredeleted text begin, and residential caredeleted text end component services, the medication setups by licensed nurse
base wage equals deleted text begintendeleted text endnew text begin 25new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA
average wage for licensed practical and licensed vocational nurses (SOC code 29-2061);
and deleted text begin90deleted text endnew text begin 75new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average
wage for registered nurses (SOC code 29-1141).

Subd. 6.

Chore services base wage.

The chore services base wage equals deleted text begin100deleted text endnew text begin 50new text end percent
of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for landscaping
and groundskeeping workers (SOC code 37-3011)new text begin; and 50 percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for maids and housekeeping cleaners
(SOC code 37-2012)
new text end.

Subd. 7.

Companion services base wage.

The companion services base wage equals
deleted text begin 50deleted text endnew text begin 80new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage
for personal and home care aides (SOC code 39-9021); and deleted text begin50deleted text endnew text begin 20new text end percent of the
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for maids and
housekeeping cleaners (SOC code 37-2012).

Subd. 8.

deleted text beginHomemaker services and assistancedeleted text endnew text begin Homemaker/assistancenew text end with personal
care base wage.

The deleted text beginhomemaker services and assistancedeleted text endnew text begin homemaker/assistancenew text end with
personal care base wage equals deleted text begin60deleted text endnew text begin 50new text end percent of the Minneapolis-St. Paul-Bloomington,
MN-WI MetroSA average wage for personal and home care aide (SOC code 39-9021); deleted text begin20deleted text endnew text begin
and 50
new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage
for nursing assistants (SOC code 31-1014)deleted text begin; and 20 percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for maids and housekeeping cleaners
(SOC code 37-2012)
deleted text end.

Subd. 9.

deleted text beginHomemaker services and cleaningdeleted text endnew text begin Homemaker/cleaningnew text end base wage.

The
deleted text begin homemaker services and cleaningdeleted text endnew text begin homemaker/cleaningnew text end base wage equals deleted text begin60 percent of the
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for personal and home
care aide (SOC code 39-9021); 20 percent of the Minneapolis-St. Paul-Bloomington, MN-WI
MetroSA average wage for nursing assistants (SOC code 31-1014); and 20
deleted text endnew text begin 100new text end percent of
the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for maids and
housekeeping cleaners (SOC code 37-2012).

Subd. 10.

deleted text beginHomemaker services and homedeleted text endnew text begin Homemaker/homenew text end management base
wage.

The deleted text beginhomemaker services and homedeleted text endnew text begin homemaker/homenew text end management base wage equals
deleted text begin 60deleted text endnew text begin 50new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage
for personal and home care aide (SOC code 39-9021); deleted text begin20deleted text endnew text begin and 50new text end percent of the
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for nursing assistants
(SOC code 31-1014)deleted text begin; and 20 percent of the Minneapolis-St. Paul-Bloomington, MN-WI
MetroSA average wage for maids and housekeeping cleaners (SOC code 37-2012)
deleted text end.

Subd. 11.

In-home respite care services base wage.

The in-home respite care services
base wage equals deleted text beginfivedeleted text endnew text begin 15new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA
average wage for registered nurses (SOC code 29-1141); 75 percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for deleted text beginnursing assistantsdeleted text endnew text begin home health aidesnew text end
(SOC code deleted text begin31-1014deleted text endnew text begin 31-1011new text end); and deleted text begin20deleted text endnew text begin tennew text end percent of the Minneapolis-St. Paul-Bloomington,
MN-WI MetroSA average wage for licensed practical and licensed vocational nurses (SOC
code 29-2061).

Subd. 12.

Out-of-home respite care services base wage.

The out-of-home respite care
services base wage equals deleted text beginfivedeleted text endnew text begin 15new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI
MetroSA average wage for registered nurses (SOC code 29-1141); 75 percent of the
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for deleted text beginnursing assistantsdeleted text endnew text begin
home health aides
new text end (SOC code deleted text begin31-1014deleted text endnew text begin 31-1011new text end); and deleted text begin20deleted text endnew text begin tennew text end percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for licensed practical and licensed
vocational nurses (SOC code 29-2061).

Subd. 13.

Individual community living support base wage.

The individual community
living support base wage equals deleted text begin20deleted text endnew text begin 60new text end percent of the Minneapolis-St. Paul-Bloomington,
MN-WI MetroSA average wage for deleted text beginlicensed practical and licensed vocational nursesdeleted text endnew text begin social
and human services aides
new text end (SOC code deleted text begin29-2061deleted text endnew text begin 21-1093new text end); and deleted text begin80deleted text endnew text begin 40new text end percent of the
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for nursing assistants
(SOC code 31-1014).

Subd. 14.

Registered nurse base wage.

The registered nurse base wage equals 100
percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for
registered nurses (SOC code 29-1141).

Subd. 15.

deleted text beginSocial workerdeleted text endnew text begin Unlicensed supervisornew text end base wage.

The deleted text beginsocial workerdeleted text endnew text begin
unlicensed supervisor
new text end base wage equals 100 percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for deleted text beginmedical and public health socialdeleted text endnew text begin
supervisor of personal service
new text end workers (SOC code deleted text begin21-1022deleted text endnew text begin 39-1021new text end).

new text begin Subd. 16. new text end

new text begin Adult day services base wage. new text end

new text begin The adult day services base wage equals 75
percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for home
health aides (SOC code 31-1011); and 25 percent of the Minneapolis-St. Paul-Bloomington,
MN-WI MetroSA average wage for nursing assistants (SOC code 31-1014).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 5.

Minnesota Statutes 2020, section 256S.213, is amended to read:


256S.213 RATE SETTING; FACTORS.

Subdivision 1.

Payroll taxes and benefits factor.

The payroll taxes and benefits factor
is the sum of net payroll taxes and benefits, divided by the sum of all salaries for all nursing
facilities on the most recent and available cost report.

Subd. 2.

General and administrative factor.

The general and administrative factor is
deleted text begin the difference of net general and administrative expenses and administrative salaries, divided
by total operating expenses for all nursing facilities on the most recent and available cost
report
deleted text endnew text begin 14.4 percentnew text end.

Subd. 3.

Program plan support factor.

new text begin(a) new text endThe program plan support factor is deleted text begin12.8deleted text endnew text begin tennew text end
percentnew text begin for the following servicesnew text end to cover the cost of direct service staff needed to provide
support for deleted text beginhome and community-baseddeleted text endnew text begin thenew text end service when not engaged in direct contact with
participantsdeleted text begin.deleted text endnew text begin:
new text end

new text begin (1) adult day services;
new text end

new text begin (2) customized living; and
new text end

new text begin (3) foster care.
new text end

new text begin (b) The program plan support factor is 15.5 percent for the following services to cover
the cost of direct service staff needed to provide support for the service when not engaged
in direct contact with participants:
new text end

new text begin (1) chore services;
new text end

new text begin (2) companion services;
new text end

new text begin (3) homemaker/assistance with personal care;
new text end

new text begin (4) homemaker/cleaning;
new text end

new text begin (5) homemaker/home management;
new text end

new text begin (6) in-home respite care;
new text end

new text begin (7) individual community living support; and
new text end

new text begin (8) out-of-home respite care.
new text end

Subd. 4.

Registered nurse management and supervision factor.

The registered nurse
management and supervision factor equals 15 percent of the registered nurse adjusted base
wage as defined in section 256S.214.

Subd. 5.

deleted text beginSocial workerdeleted text endnew text begin Unlicensed supervisornew text end supervision factor.

The deleted text beginsocial workerdeleted text endnew text begin
unlicensed supervisor
new text end supervision factor equals 15 percent of the deleted text beginsocial workerdeleted text endnew text begin position'snew text end
adjusted base wage as defined in section 256S.214.

new text begin Subd. 6. new text end

new text begin Facility and equipment factor. new text end

new text begin The facility and equipment factor for adult
day services is 16.2 percent.
new text end

new text begin Subd. 7. new text end

new text begin Food, supplies, and transportation factor. new text end

new text begin The food, supplies, and
transportation factor for adult day services is 24 percent.
new text end

new text begin Subd. 8. new text end

new text begin Supplies and transportation factor. new text end

new text begin The supplies and transportation factor
for the following services is 1.56 percent:
new text end

new text begin (1) chore services;
new text end

new text begin (2) companion services;
new text end

new text begin (3) homemaker/assistance with personal care;
new text end

new text begin (4) homemaker/cleaning;
new text end

new text begin (5) homemaker/home management;
new text end

new text begin (6) in-home respite care;
new text end

new text begin (7) individual community support services; and
new text end

new text begin (8) out-of-home respite care.
new text end

new text begin Subd. 9. new text end

new text begin Absence factor. new text end

new text begin The absence factor for the following services is 4.5 percent:
new text end

new text begin (1) adult day services;
new text end

new text begin (2) chore services;
new text end

new text begin (3) companion services;
new text end

new text begin (4) homemaker/assistance with personal care;
new text end

new text begin (5) homemaker/cleaning;
new text end

new text begin (6) homemaker/home management;
new text end

new text begin (7) in-home respite care;
new text end

new text begin (8) individual community living support; and
new text end

new text begin (9) out-of-home respite care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 6.

Minnesota Statutes 2020, section 256S.214, is amended to read:


256S.214 RATE SETTING; ADJUSTED BASE WAGE.

For the purposes of section 256S.215, the adjusted base wage for each position equals
the position's base wage under section 256S.212 plus:

(1) the position's base wage multiplied by the payroll taxes and benefits factor under
section 256S.213, subdivision 1;

deleted text begin (2) the position's base wage multiplied by the general and administrative factor under
section 256S.213, subdivision 2; and
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end the position's base wage multiplied by thenew text begin applicablenew text end program plan support factor
under section 256S.213, subdivision 3deleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) the position's base wage multiplied by the absence factor, if applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 7.

Minnesota Statutes 2020, section 256S.215, is amended to read:


256S.215 RATE SETTING; COMPONENT RATES.

Subdivision 1.

Medication setups deleted text beginby licensed nursedeleted text end component rate.

The component
ratenew text begin or factor valuenew text end for medication setups by a licensed nursenew text begin, the registered nurse
management and supervision factor, and the unlicensed supervisor supervision factor
new text end equals
the deleted text beginmedication setups by licensed nursedeleted text endnew text begin respective position'snew text end adjusted base wage.

Subd. 2.

Home management and support services component rate.

The component
rate for home management and support services is the home management and support
services adjusted base wage plus the registered nurse management and supervision factornew text begin
multiplied by the general and administrative factor and by the applicable factors in section
256S.213, subdivisions 6 to 8
new text end.

Subd. 3.

Home care aide services component rate.

The component rate for home care
aide services is the home health aide services adjusted base wage plus the registered nurse
management and supervision factornew text begin multiplied by the general and administrative factor and
by the applicable factors in section 256S.213, subdivisions 6 to 8
new text end.

Subd. 4.

Home health aide services component rate.

The component rate for home
health aide services is the home health aide services adjusted base wage plus the registered
nurse management and supervision factornew text begin multiplied by the general and administrative factor
and by the applicable factors in section 256S.213, subdivisions 6 to 8
new text end.

Subd. 5.

Socialization component rate.

The component rate under elderly waiver
customized living for one-to-one socialization equals the home management and support
services component rate.

Subd. 6.

Transportation component rate.

The component rate under elderly waiver
customized living for one-to-one transportation equals the home management and support
services component rate.

Subd. 7.

Chore services rate.

The 15-minute unit rate for chore services is calculated
as follows:

(1) deleted text beginsumdeleted text endnew text begin addnew text end the chore services adjusted base wage and the deleted text beginsocial workerdeleted text endnew text begin unlicensed
supervisor
new text end supervision factor;

new text begin (2) multiply the result of clause (1) by the general and administrative factor and by the
applicable factors in section 256S.213, subdivisions 6 to 8;
new text endand

deleted text begin (2)deleted text endnew text begin (3)new text end divide the result of clause deleted text begin(1)deleted text endnew text begin (2)new text end by four.

Subd. 8.

Companion services rate.

The 15-minute unit rate for companion services is
calculated as follows:

(1) deleted text beginsumdeleted text endnew text begin addnew text end the companion services adjusted base wage and the social worker supervision
factor;

new text begin (2) multiply the result of clause (1) by the general and administrative factor and by the
applicable factors in section 256S.213, subdivisions 6 to 8;
new text end and

deleted text begin (2)deleted text endnew text begin (3)new text end divide the result of clause deleted text begin(1)deleted text endnew text begin (2)new text end by four.

Subd. 9.

deleted text beginHomemaker services and assistancedeleted text endnew text begin Homemaker/assistancenew text end with personal
care rate.

The 15-minute unit rate for deleted text beginhomemaker services and assistancedeleted text endnew text begin
homemaker/assistance
new text end with personal care is calculated as follows:

(1) deleted text beginsumdeleted text endnew text begin addnew text end the deleted text beginhomemaker services and assistancedeleted text endnew text begin homemaker/assistancenew text end with personal
care adjusted base wage and the registered nurse management and supervision factor;

new text begin (2) multiply the result of clause (1) by the general and administrative factor and by the
applicable factors in section 256S.213, subdivisions 6 to 8;
new text endand

deleted text begin (2)deleted text endnew text begin (3)new text end divide the result of clause deleted text begin(1)deleted text endnew text begin (2)new text end by four.

Subd. 10.

deleted text beginHomemaker services and cleaningdeleted text endnew text begin Homemaker/cleaningnew text end rate.

The
15-minute unit rate for deleted text beginhomemaker services and cleaningdeleted text endnew text begin homemaker/cleaningnew text end is calculated
as follows:

(1) deleted text beginsumdeleted text endnew text begin addnew text end the deleted text beginhomemaker services and cleaningdeleted text endnew text begin homemaker/cleaningnew text end adjusted base
wage and the registered nurse management and supervision factor;

new text begin (2) multiply the result of clause (1) by the general and administrative factor and by the
applicable factors in section 256S.213, subdivisions 6 to 8;
new text endand

deleted text begin (2)deleted text endnew text begin (3)new text end divide the result of clause deleted text begin(1)deleted text endnew text begin (2)new text end by four.

Subd. 11.

deleted text beginHomemaker services and homedeleted text endnew text begin Homemaker/homenew text end management rate.

The
15-minute unit rate for deleted text beginhomemaker services and homedeleted text endnew text begin homemaker/homenew text end management is
calculated as follows:

(1) deleted text beginsumdeleted text endnew text begin addnew text end the deleted text beginhomemaker services and homedeleted text endnew text begin homemaker/homenew text end management adjusted
base wage and the registered nurse management and supervision factor;

new text begin (2) multiply the result of clause (1) by the general and administrative factor and by the
applicable factors in section 256S.213, subdivisions 6 to 8;
new text endand

deleted text begin (2)deleted text endnew text begin (3)new text end divide the result of clause deleted text begin(1)deleted text endnew text begin (2)new text end by four.

Subd. 12.

In-home respite care services rates.

(a) The 15-minute unit rate for in-home
respite care services is calculated as follows:

(1) deleted text beginsumdeleted text endnew text begin addnew text end the in-home respite care services adjusted base wage and the registered
nurse management and supervision factor;

new text begin (2) multiply the result of clause (1) by the general and administrative factor and by the
applicable factors in section 256S.213, subdivisions 6 to 8;
new text endand

deleted text begin (2)deleted text endnew text begin (3)new text end divide the result of clause deleted text begin(1)deleted text endnew text begin (2)new text end by four.

(b) The in-home respite care services daily rate equals the in-home respite care services
15-minute unit rate multiplied by 18.

Subd. 13.

Out-of-home respite care services rates.

(a) The 15-minute unit rate for
out-of-home respite care is calculated as follows:

(1) deleted text beginsumdeleted text endnew text begin addnew text end the out-of-home respite care services adjusted base wage and the registered
nurse management and supervision factor;

new text begin (2) multiply the result of clause (1) by the general and administrative factor and by the
applicable factors in section 256S.213, subdivisions 6 to 8;
new text end and

deleted text begin (2)deleted text endnew text begin (3)new text end divide the result of clause deleted text begin(1)deleted text endnew text begin (2)new text end by four.

(b) The out-of-home respite care services daily rate equals the 15-minute unit rate for
out-of-home respite care services multiplied by 18.

Subd. 14.

Individual community living support rate.

The individual community living
support rate is calculated as follows:

(1) deleted text beginsumdeleted text endnew text begin addnew text end the deleted text beginhome care aidedeleted text endnew text begin individual community living supportnew text end adjusted base wage
and the deleted text beginsocial workerdeleted text endnew text begin registered nurse management andnew text end supervision factor;

new text begin (2) multiply the result of clause (1) by the general and administrative factor and by the
applicable factors in section 256S.213, subdivisions 6 to 8;
new text endand

deleted text begin (2)deleted text endnew text begin (3)new text end divide the result of clause deleted text begin(1)deleted text endnew text begin (2)new text end by four.

Subd. 15.

Home-delivered meals rate.

The home-delivered meals rate equals deleted text begin$9.30deleted text endnew text begin
$8.17
new text end. The commissioner shall increase the home delivered meals rate deleted text beginevery Julydeleted text endnew text begin January new text end
1new text begin of each odd-numbered yearnew text end by the percent increase in the nursing facility dietary per diem
using the two most recent and available nursing facility cost reports.

Subd. 16.

Adult day services rate.

The 15-minute unit rate for adult day servicesdeleted text begin, with
an assumed staffing ratio of one staff person to four participants, is the sum of
deleted text endnew text begin is calculated
as follows
new text end:

(1) deleted text beginone-sixteenth of the home care aide servicesdeleted text endnew text begin divide the adult day servicesnew text end adjusted
base wagedeleted text begin, except that the general and administrative factor used to determine the home
care aide services adjusted base wage is 20 percent
deleted text endnew text begin by five to reflect an assumed staffing
ratio of one to five
new text end;

(2) deleted text beginone-fourth of the registered nurse management and supervision factordeleted text endnew text begin add the result
of clause (1) and the registered nurse management and supervision factor
new text end;

new text begin (3) multiply the result of clause (2) by the general and administrative factor and by the
applicable factors in section 256S.213, subdivisions 6 to 8;
new text endand

deleted text begin (3) $0.63 to cover the cost of meals.
deleted text end

new text begin (4) divide the result of clause (3) by four.
new text end

Subd. 17.

Adult day services bath rate.

The 15-minute unit rate for adult day services
bath is deleted text beginthe sum ofdeleted text endnew text begin calculated as followsnew text end:

(1) deleted text beginone-fourth of the home care aidedeleted text endnew text begin add the adult daynew text end services adjusted base wagedeleted text begin,
except that the general and administrative factor used to determine the home care aide
services adjusted base wage is 20 percent
deleted text endnew text begin and the registered nurse management and
supervision factor
new text end;

(2) deleted text beginone-fourth of the registered nurse management and supervision factordeleted text endnew text begin multiply the
result of clause (1) by the general and administrative factor and the applicable factors in
section 256S.213, subdivisions 6 to 8
new text end; and

(3) deleted text begin$0.63 to cover the cost of mealsdeleted text endnew text begin divide the result of clause (2) by fournew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 8. new text beginDIRECTION TO COMMISSIONER; EVALUATION OF ELDERLY
WAIVER RATE METHODOLOGY.
new text end

new text begin (a) The commissioner of human services, in consultation with stakeholders, shall conduct
a study to evaluate:
new text end

new text begin (1) elderly waiver rate methodology base wage values compared to wages paid by service
providers;
new text end

new text begin (2) elderly waiver rate methodology nonwage cost factor values compared to nonwage
costs of service providers; and
new text end

new text begin (3) the extent to which nonwage cost factors and factor values should vary by service.
new text end

new text begin (b) By January 1, 2024, the commissioner of human services shall submit a report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over the elderly waiver program with recommended adjustments to the rate
methodologies in Minnesota Statutes, sections 256S.21 to 256S.215, based on the results
of the evaluation in paragraph (a). The report must comply with Minnesota Statutes, sections
3.195 and 3.197.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end