SF 2786

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/23/2022 10:48am

A bill for an act
relating to health and human services; establishing grant programs for bonuses to
certain employees of long-term care providers; temporarily permitting retired
nurses to practice in certain long-term care settings; temporarily modifying training
requirements for direct care staff in certain long-term care settings; establishing a
temporary voluntary correction program for nursing homes; establishing a
temporary staffing pool; modifying payment rates for certain home and community
based waiver services; appropriating money for initial planning for establishment
of a program for all inclusive care for the elderly; appropriating money.

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

Section 1. new text begin DIRECTION TO THE COMMISSIONER; INITIAL PACE
IMPLEMENTATION FINANCING.
new text end

new text begin The commissioner of human services must work with stakeholders to develop
recommendations for financing mechanisms to complete the actuarial work and cover the
administrative costs of a program of all-inclusive care for the elderly (PACE). The
commissioner must recommend a financing mechanism that could begin July 1, 2024. By
December 15, 2023, the commissioner shall inform the chairs and ranking minority members
of the legislative committees with jurisdiction over health care finance on the commissioner's
progress toward developing a recommended financing mechanism.
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. 2. new text begin LONG-TERM CARE RETENTION BONUS GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program established. new text end

new text begin The commissioner shall establish a long-term
care retention bonus grant program to assist eligible employers with retaining employees.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

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

new text begin (c) "Eligible employer" means an employer who meets the requirements of subdivision
5 and is either:
new text end

new text begin (1) a nursing home licensed under Minnesota Statutes, chapter 144A;
new text end

new text begin (2) a boarding care home licensed under Minnesota Statutes, sections 144.50 to 144.56;
new text end

new text begin (3) an assisted living facility licensed under Minnesota Statutes, chapter 144G;
new text end

new text begin (4) a hospice provider, including a licensed residential hospice provider, licensed under
Minnesota Statutes, sections 144A.75 to 144A.755;
new text end

new text begin (5) a provider of palliative care;
new text end

new text begin (6) a licensed provider of residential supports and services or day services as defined
under Minnesota Statutes, section 245D.03, subdivision 1;
new text end

new text begin (7) a home care provider licensed under Minnesota Statutes, sections 144A.43 to
144A.482; or
new text end

new text begin (8) a provider of home care services as defined under Minnesota Statutes, section
256B.0651, subdivision 1, paragraph (d).
new text end

new text begin (d) "Eligible employee" means an individual employed by an eligible employer as of
February 28, 2022, continuously employed by the same employer during the retention
period, and who either:
new text end

new text begin (1) worked for an eligible employer under paragraph (c), clauses (1) to (5), on average
at least 20 hours per week during the retention period while providing direct care in an
unlicensed setting or while working in a licensed setting referred to in paragraph (c), clauses
(1) to (4); or
new text end

new text begin (2) is unlicensed, worked for an eligible employer under paragraph (c), clauses (6) to
(8), on average at least 20 hours per week during the retention period while providing direct
care.
new text end

new text begin (e) "Retention period" means March 1, 2022, to August 1, 2022.
new text end

new text begin Subd. 3. new text end

new text begin Allowable uses of funds. new text end

new text begin Grantees must use funds awarded under this section
for retention bonuses of $1,000, inclusive of applicable payroll taxes, paid to eligible
employees.
new text end

new text begin Subd. 4. new text end

new text begin Grant request. new text end

new text begin To receive a grant under this section, eligible employers must
request a grant under this section no later than August 15, 2022. By August 1, 2022, the
commissioner shall develop an expedited request process that includes a form allowing
providers to meet the requirements of subdivision 5 in as timely and simple a manner as
possible. The commissioner shall allow the use of electronic submission of request forms
and accept electronic signatures.
new text end

new text begin Subd. 5. new text end

new text begin Attestation and agreement. new text end

new text begin As a condition of obtaining funds under this
section, an eligible employer must attest and agree to the following on the grant request
form:
new text end

new text begin (1) the employer is an eligible provider;
new text end

new text begin (2) the total number of eligible employees for whom the employer is requesting grant
funding;
new text end

new text begin (3) the employer will distribute the entire value of the grant award as required under this
section;
new text end

new text begin (4) the employer will create and maintain the records required under subdivision 6; and
new text end

new text begin (5) the employer will segregate funds received under this section from other sources of
revenue and will not use the funds for any purpose other than the purposes permitted under
this section.
new text end

new text begin Subd. 6. new text end

new text begin Evidence of continuous employment. new text end

new text begin (a) As a condition of obtaining funds
under this section, an eligible employer must create and retain until December 31, 2028,
records containing sufficient evidence to determine the number of eligible employees and
that the awarded funds were distributed as required under this section.
new text end

new text begin (b) Upon request of the commissioner or the commissioner's designee, a grantee must
immediately produce for inspection the records required under this subdivision.
new text end

new text begin Subd. 7. new text end

new text begin Retention grants. new text end

new text begin (a) No later than September 1, 2022, the commissioner shall
begin issuing long-term care retention bonus grants to eligible employers.
new text end

new text begin (b) The commissioner shall implement retention grants and the process of making grants
under this section without compliance with time-consuming procedures and formalities
prescribed in law such as the following statutes and related policies.
new text end

new text begin (c) By accepting a grant under this subdivision, the grantee attests and agrees to the
conditions specified in subdivision 5.
new text end

new text begin (d) The commissioner's determination of the grant amount determined under this
subdivision is final and is not subject to appeal. This paragraph does not apply to recoupment
by the commissioner under subdivision 9.
new text end

new text begin Subd. 8. new text end

new text begin Effect of grants on reimbursement rates. new text end

new text begin Costs associated with the purposes
described in this section that are funded under this section are not allowable costs under
Minnesota Statutes, chapter 256R. Grants provided under this section are not applicable
credits under Minnesota Statutes, chapter 256R.
new text end

new text begin Subd. 9. new text end

new text begin Recoupment. new text end

new text begin (a) The commissioner may perform an audit under this section
up to six years after the grant is awarded to ensure the grantee used the funds solely for the
purposes stated in subdivision 3, was truthful when making attestations under subdivision
5, and complied with the conditions of receiving a grant under this section.
new text end

new text begin (b) If the commissioner determines that a grantee used awarded funds for purposes not
authorized under this section, the commissioner shall treat any amount used for a purpose
not authorized under this section as an overpayment. The commissioner shall recover any
overpayment.
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 LONG-TERM CARE SIGNING BONUS GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program established. new text end

new text begin The commissioner shall establish a long-term
care signing bonus grant program to assist eligible employers with recruiting and retaining
employees.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

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

new text begin (c) "Eligible employer" means an employer who meets the requirements of subdivision
5 and is either:
new text end

new text begin (1) a nursing home licensed under Minnesota Statutes, chapter 144A;
new text end

new text begin (2) a boarding care home licensed under Minnesota Statutes, sections 144.50 to 144.56;
new text end

new text begin (3) an assisted living facility licensed under Minnesota Statutes, chapter 144G;
new text end

new text begin (4) a hospice provider, including a licensed residential hospice provider, licensed under
Minnesota Statutes, sections 144A.75 to 144A.755;
new text end

new text begin (5) a provider of palliative care;
new text end

new text begin (6) a licensed provider of residential supports and services or day services as defined
under Minnesota Statutes, section 245D.03, subdivision 1;
new text end

new text begin (7) a home care provider licensed under Minnesota Statutes, sections 144A.43 to
144A.482; or
new text end

new text begin (8) a provider of home care services as defined under Minnesota Statutes, section
256B.0651, subdivision 1, paragraph (d).
new text end

new text begin (d) "Signing bonus eligible employee" means an individual newly employed by an
eligible employer on or after March 1, 2022, continuously employed by the same employer
for 30 days, and who either:
new text end

new text begin (1) worked for an eligible employer under paragraph (c), clauses (1) to (5), on average
at least 20 hours per week during the retention period while providing direct care in an
unlicensed setting or while working in a licensed setting referred to in paragraph (c), clauses
(1) to (4); or
new text end

new text begin (2) is unlicensed and worked for an eligible employer under paragraph (c), clauses (6)
to (8), on average at least 20 hours per week during the retention period while providing
direct care.
new text end

new text begin (e) "Initial signing bonus" means $750, inclusive of applicable payroll taxes.
new text end

new text begin (f) "Retention bonus" means $750, inclusive of applicable payroll taxes.
new text end

new text begin (g) "Retention bonus eligible employee" means an employee who received an initial
signing bonus funded under this section and remained continuously employed by the same
employer for six months, and who either:
new text end

new text begin (1) worked for an eligible employer under paragraph (c), clauses (1) to (5), on average
at least 20 hours per week during the retention period while providing direct care in an
unlicensed setting or while working in a licensed setting referred to in paragraph (c), clauses
(1) to (4); or
new text end

new text begin (2) is unlicensed and worked for an eligible employer under paragraph (c), clauses (6)
to (8), on average at least 20 hours per week during the retention period while providing
direct care.
new text end

new text begin (h) "Retention period" means the six months following the initial hiring date of a signing
bonus eligible employee.
new text end

new text begin Subd. 3. new text end

new text begin Allowable uses of funds. new text end

new text begin Grantees must use funds awarded under this section
for initial signing bonuses paid to signing bonus eligible employees and an additional
retention bonus to retention bonus eligible employees.
new text end

new text begin Subd. 4. new text end

new text begin Grant request. new text end

new text begin To receive a grant under this section, eligible employers must
request grants under this section. Eligible employers may begin requesting grants on March
1, 2022. Eligible employers may not submit more than one grant request each month. Eligible
employers may include in their request for funds under this section the number of signing
bonus eligible employees the employer anticipates hiring during the 60 days following the
grant request. By March 1, 2022, the commissioner shall develop an expedited request
process that includes a form allowing employers to meet the requirements of subdivision 5
in as timely and simple a manner as possible. The commissioner shall allow the use of
electronic submission of request forms and accept electronic signatures.
new text end

new text begin Subd. 5. new text end

new text begin Attestation and agreement. new text end

new text begin As a condition of obtaining funds under this
section, an eligible employer must attest and agree to the following on the grant request
form:
new text end

new text begin (1) the employer is an eligible employer;
new text end

new text begin (2) the total number of signing bonus eligible employees for whom the employer is
requesting grant funding;
new text end

new text begin (3) of the total number of signing bonus eligible employees for whom the employer is
requesting grant funding, how many are anticipated new hires in the next sixty days;
new text end

new text begin (4) the total number of retention bonus eligible employees for whom the employee is
requesting grant funding;
new text end

new text begin (5) the employer will distribute the entire value of the grant award as required under this
section;
new text end

new text begin (6) the employer will create and maintain the records required under subdivision 6; and
new text end

new text begin (7) the employer will segregate funds received under this section from other sources of
revenue and will not use the funds for any purpose other than the purposes permitted under
this section.
new text end

new text begin Subd. 6. new text end

new text begin Evidence of continuous employment. new text end

new text begin (a) As a condition of obtaining funds
under this section, an eligible employer must create and retain until December 31, 2028,
records containing sufficient evidence to determine the number of signing bonus eligible
employees, the number of retention bonus eligible employees, the full-time equivalent of
each retention bonus eligible employee, and that the awarded funds were distributed as
required under this section.
new text end

new text begin (b) Upon request of the commissioner or the commissioner's designee, a grantee must
immediately produce for inspection the records required under this section.
new text end

new text begin Subd. 7. new text end

new text begin Signing bonus grants. new text end

new text begin (a) No later than April 1, 2022, the commissioner shall
begin issuing signing bonus grants under this section. Within the appropriation for this
purpose, the commissioner shall award grants under this section on a rolling basis and in
the order in which the grant requests are received.
new text end

new text begin (b) In awarding grants under this section, the commissioner may award an amount an
eligible employer anticipates will be required for the following 60 days to cover signing
bonuses for newly hired signing bonus eligible employees.
new text end

new text begin (c) If a grant amount exceeds the amount required to pay signing bonuses to anticipated
new hires for whom the provider requested the grant, the provider must either return to the
commissioner the unused portion of the grant amount or after providing notice to the
commissioner, use the excess amount to cover signing bonuses for additional signing bonus
eligible employees.
new text end

new text begin (d) The commissioner's determination of the grant amount determined under this
subdivision is final and is not subject to appeal. This paragraph does not apply to recoupment
by the commissioner under subdivision 9.
new text end

new text begin (e) The commissioner shall implement signing bonus grants and the process of making
grants under this section without compliance with time-consuming procedures and formalities
prescribed in law such as the following statutes and related policies.
new text end

new text begin (f) By accepting a grant under this section, the grantee attests and agrees to the conditions
specified in subdivision 5.
new text end

new text begin Subd. 8. new text end

new text begin Effect of grants on reimbursement rates. new text end

new text begin Costs associated with the purposes
described in this section that are funded under this section are not allowable costs under
Minnesota Statutes, chapter 256R. Grants provided under this section are not applicable
credits under Minnesota Statutes, chapter 256R.
new text end

new text begin Subd. 9. new text end

new text begin Recoupment. new text end

new text begin (a) The commissioner may perform an audit under this section
up to six years after the grant is awarded to ensure the grantee used the funds solely for the
purposes stated in subdivision 3, was truthful when making attestations under subdivision
5, and complied with the conditions of receiving a grant under this section.
new text end

new text begin (b) If the commissioner determines that a grantee used awarded funds for purposes not
authorized under this section, the commissioner shall treat any amount used for a purpose
not authorized under this section as an overpayment. The commissioner shall recover any
overpayment.
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. new text begin LONG-TERM CARE TRAINING AND EDUCATION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program established. new text end

new text begin The commissioner shall establish a long-term
care education and training grant program to assist eligible employers with recruiting and
retaining qualified employees.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

new text begin (b) "Allowable costs" means costs related to tuition, direct educational expenses, training
fees, uniforms, child care, and transportation costs incurred as a direct result of participating
in classroom instruction or training, or repayment of student loan debt directly incurred as
a result of pursuing a qualifying course of study or training.
new text end

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

new text begin (d) "Eligible employer" means an employer who meets the requirements of subdivision
5 and is either:
new text end

new text begin (1) a nursing home licensed under Minnesota Statutes, chapter 144A;
new text end

new text begin (2) a boarding care home licensed under Minnesota Statutes, sections 144.50 to 144.56;
new text end

new text begin (3) an assisted living facility licensed under Minnesota Statutes, chapter 144G;
new text end

new text begin (4) a hospice provider, including a licensed residential hospice provider, licensed under
Minnesota Statutes, sections 144A.75 to 144A.755;
new text end

new text begin (5) a provider of palliative care;
new text end

new text begin (6) a licensed provider of residential supports and services or day services as defined
under Minnesota Statutes, section 245D.03, subdivision 1;
new text end

new text begin (7) a home care provider licensed under Minnesota Statutes, sections 144A.43 to
144A.482; or
new text end

new text begin (8) a provider of home care services as defined under Minnesota Statutes, section
256B.0651, subdivision 1, paragraph (d).
new text end

new text begin (e) "Eligible employee" means an existing or newly hired employee of an eligible
employer who recently completed or is pursuing a course of study or training that is expected
to lead to employment or career advancement with any provider of long-term care or in the
long-term care field, and who either:
new text end

new text begin (1) works or will work for an eligible employer under paragraph (d), clauses (1) to (5),
while providing direct care in an unlicensed setting or while working in a licensed setting
referred to in paragraph (d), clauses (1) to (4); or
new text end

new text begin (2) is unlicensed and works or will work for an eligible employer under paragraph (d),
clauses (6) to (8), while providing direct care.
new text end

new text begin Subd. 3. new text end

new text begin Allowable uses of funds. new text end

new text begin Grantees must use funds awarded under this section
for education and training grants of up to $1,500, inclusive of applicable taxes, paid to
eligible employees to cover allowable costs actually incurred during a qualifying course of
study or training.
new text end

new text begin Subd. 4. new text end

new text begin Grant request. new text end

new text begin To receive a grant under this section eligible employers must
request a grant under this section. Eligible providers may begin requesting grants on March
1, 2022. Eligible employers may not submit more than one grant request each month. Eligible
employers may include in their request for funds under this section allowable costs the
employer anticipates will be incurred by eligible employees during the 60 days following
the grant request. By March 1, 2022, the commissioner shall develop an expedited request
process that includes a form allowing providers to meet the requirements of subdivision 5
in as timely and simple a manner as possible. The commissioner shall allow the use of
electronic submission of request forms and accept electronic signatures.
new text end

new text begin Subd. 5. new text end

new text begin Attestation and agreement. new text end

new text begin As a condition of obtaining funds under this
section, an eligible employer must attest and agree to the following on the grant request
form:
new text end

new text begin (1) the employer is an eligible employer;
new text end

new text begin (2) the total number of eligible employees for whom the employer is requesting grant
funding;
new text end

new text begin (3) of the total amount requested, how much is for allowable costs already incurred and
how much is for allowable costs the employer anticipates will be incurred by eligible
employees within the next 60 days;
new text end

new text begin (4) the employer will distribute the entire value of the grant award as required under this
section;
new text end

new text begin (5) the employer will create and maintain the records required under subdivision 6; and
new text end

new text begin (6) the employer will segregate funds received under this section from other sources of
revenue and will not use the funds for any purpose other than the purposes permitted under
this section.
new text end

new text begin Subd. 6. new text end

new text begin Evidence of incurred allowable costs. new text end

new text begin An eligible employer must create and
retain until December 31, 2028, records containing sufficient evidence to determine the
actual incurred costs of eligible employees for allowable costs.
new text end

new text begin Subd. 7. new text end

new text begin Education and training grants. new text end

new text begin (a) No later than April 1, 2022, the
commissioner shall begin awarding long-term care education and training grants. Within
the appropriation for this purpose, the commissioner shall award grants under this section
on a rolling basis and in the order in which the grant requests are received. The commissioner
must not award a grant amount for more than $1,500 per individual.
new text end

new text begin (b) In awarding grants under this section, the commissioner may award an amount an
eligible provider anticipates will be required to cover the allowable costs of eligible
employees.
new text end

new text begin (c) If a grant amount exceeds the incurred allowable costs of the eligible employees for
whom the provider requested the grant, the provider must either return to the commissioner
the unused portion of the grant amount or after providing notice to the commissioner, use
the excess amount to cover the allowable costs of additional eligible employees.
new text end

new text begin (d) The commissioner's determination of the grant amount determined under this
subdivision is final and is not subject to appeal. This paragraph does not apply to recoupment
by the commissioner under subdivision 9.
new text end

new text begin Subd. 8. new text end

new text begin Effect of grants on reimbursement rates. new text end

new text begin (a) Costs associated with the
purposes described in this section that are funded under this section are not allowable costs
under Minnesota Statutes, chapter 256R. Grants provided under this section are not applicable
credits under Minnesota Statutes, chapter 256R.
new text end

new text begin (b) Money received by a facility under this section must not be used to supplant funding
available under Minnesota Statutes, section 144.1503, or to supplant the portion of a nursing
facility's total payment rate attributable to scholarships under Minnesota Statutes, section
256R.37.
new text end

new text begin Subd. 9. new text end

new text begin Recoupment. new text end

new text begin (a) The commissioner may perform an audit under this section
up to six years after the grant is awarded to ensure the grantee used the funds solely for the
purposes stated in subdivision 3, was truthful when making attestations under subdivision
5, and complied with the conditions of receiving a grant under this section.
new text end

new text begin (b) If the commissioner determines that a provider used awarded funds for purposes not
authorized under this section, the commissioner shall treat any amount used for a purpose
not authorized under this section as an overpayment. The commissioner shall recover any
overpayment.
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 DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
TEMPORARY DWRS AFTER-MODEL ADJUSTMENT.
new text end

new text begin (a) Effective April 1, 2022, the commissioner of human services must implement a
temporary after-model adjustment to the rate methodology under Minnesota Statutes, section
256B.4914, for the subset of services to which the rate adjustments under Minnesota Statutes,
section 256B.4914, subdivision 5, paragraph (i), clause (1), and paragraph (j), clause (1),
apply.
new text end

new text begin (b) The commissioner shall not apply the after-model adjustment described in this section
to the rates for services provided to individuals for whom a new service agreement has been
established during calendar year 2022.
new text end

new text begin (c) The commissioner shall not apply the after-model adjustment described in this section
to the rates for services provided to individuals for whom a service agreement has been
renewed during calendar year 2022. Whenever a service agreement is renewed during
calendar year 2022, the commissioner shall not apply the after-model adjustment to the
newly established rates under the renewed service agreement.
new text end

new text begin (d) The value of the after-model rate adjustment for each service shall be equal to the
value of the rate adjustments under Minnesota Statutes, section 256B.4914, subdivision 5,
paragraph (i), clause (1), and paragraph (j), clause (1).
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. 6. new text begin COMMISSIONER OF HUMAN SERVICES; TEMPORARY STAFFING
POOL; APPROPRIATION.
new text end

new text begin (a) The commissioner of human services shall establish a temporary emergency staffing
pool for congregate settings experiencing staffing crises. Vendor contracts may include
retention bonuses, sign-on bonuses, and payment for hours on call. The commissioner may
pay for necessary training, travel, and lodging expenses of the temporary staff. Contracts
for temporary staffing executed under this section: (1) should minimize the recruitment
away from providers' current workforces; and (2) may not be executed with an individual
until at least 30 days since the individual was last employed in Minnesota by one of the
types of facilities listed in paragraph (g).
new text end

new text begin (b) Temporary staff, at the request of the commissioner, may be deployed to long-term
care facilities and other congregate care residential facilities and programs experiencing an
emergency staffing crisis on or after the effective date of this section. Temporary staff must
be provided at no cost to the facility or program receiving the temporary staff.
new text end

new text begin (c) Members of the temporary staffing pool under this section are not state employees.
new text end

new text begin (d) The commissioner must coordinate the activities under this section with any other
impacted state agencies, to appropriately prioritize locations to deploy contracted temporary
staff.
new text end

new text begin (e) The commissioner must give priority for deploying staff to facilities and programs
with the most significant staffing crises and where, but for this assistance, residents would
be at significant risk of injury due to the need to transfer to another facility or a hospital for
adequately staffed care.
new text end

new text begin (f) A facility or program may seek onetime assistance per setting from the temporary
staffing pool only after the facility or program has used all resources available to obtain
temporary staff but is unable to meet the facility's or program's temporary staffing needs.
A facility or program may apply for temporary staff for up to 21 days. Applicants must
submit a proposed plan for ensuring resident safety at the end of that time period.
new text end

new text begin (g) Facilities and programs eligible to obtain temporary staff from the temporary staffing
pool include:
new text end

new text begin (1) nursing facilities;
new text end

new text begin (2) assisted living facilities;
new text end

new text begin (3) intermediate care facilities for persons with developmental disabilities;
new text end

new text begin (4) adult foster care or community residential settings;
new text end

new text begin (5) licensed substance use disorder treatment facilities;
new text end

new text begin (6) unlicensed county-based substance use disorder treatment facilities;
new text end

new text begin (7) licensed facilities for adults with mental illness;
new text end

new text begin (8) licensed detoxification programs;
new text end

new text begin (9) licensed withdrawal management programs;
new text end

new text begin (10) licensed children's residential facilities;
new text end

new text begin (11) licensed child foster residence settings;
new text end

new text begin (12) unlicensed, Tribal-certified facilities that perform functions similar to the licensed
facilities listed in this paragraph;
new text end

new text begin (13) boarding care homes;
new text end

new text begin (14) board and lodging establishments serving people with disabilities or disabling
conditions;
new text end

new text begin (15) board and lodging establishments with special services;
new text end

new text begin (16) supervised living facilities;
new text end

new text begin (17) supportive housing;
new text end

new text begin (18) sober homes;
new text end

new text begin (19) community-based halfway houses for people exiting the correctional system;
new text end

new text begin (20) shelters serving people experiencing homelessness;
new text end

new text begin (21) drop-in centers for people experiencing homelessness;
new text end

new text begin (22) homeless outreach services for unsheltered individuals;
new text end

new text begin (23) shelters for people experiencing domestic violence; and
new text end

new text begin (24) temporary isolation spaces for people who test positive for COVID-19.
new text end

new text begin (h) Notwithstanding Minnesota Statutes, chapter 16C, the commissioner may maintain,
extend, or renew contracts for temporary staffing entered into on or after September 1, 2020.
The commissioner may also enter into new contracts with eligible entities for temporary
staff deployed in the temporary staffing pool. The commissioner may use up to 6.5 percent
of this funding for the commissioner's costs related to administration of this program.
new text end

new text begin (i) The commissioner shall seek all allowable FEMA reimbursement for the costs of this
activity.
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. 7. new text begin TEMPORARY PERMIT FOR LAPSED NURSING LICENSES.
new text end

new text begin (a) The Board of Nursing shall issue a temporary permit to practice professional or
practical nursing to any nurse whose license to practice issued under Minnesota Statutes,
sections 148.171 to 148.285, has lapsed after January 1, 2017, and who desires to resume
the practice of professional or practical nursing at a licensed nursing facility or licensed
assisted living facility. The nurse shall submit an application for a temporary permit to the
board that includes the name and location of the facility where the nurse is or will be
employed. The board shall issue the temporary permit to practice professional or practical
nursing upon the receipt of the application. The applicant is not required to pay any fee
under Minnesota Statutes, section 148.243, for the temporary permit or meet any other
requirements if at the time the nurse's license lapsed the license was in good standing and
the nurse was not the subject of any pending investigation or disciplinary action and was
not disqualified to practice in any way.
new text end

new text begin (b) Any temporary permit issued under this section is valid for a period of one year and
is not renewable.
new text end

new text begin (c) This section expires March 31, 2023.
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. 8. new text begin TEMPORARY ASSISTED LIVING STAFF TRAINING REQUIREMENTS.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 144G.60, subdivision 4, paragraphs (a)
and (b), a person who registers, completes, and passes the American Health Care
Association's eight-hour online temporary nurse aide training course may be employed by
a licensed assisted living facility to provide assisted living services or perform delegated
nursing tasks. Assisted living facilities must maintain documentation that a person employed
under the authority of this section to provide assisted living services or perform delegated
nursing tasks completed the required training program.
new text end

new text begin (b) Whenever providing assisted living services, a person employed under the authority
of this section must be directly supervised by another employee who meets the requirements
of Minnesota Statutes, section 144G.60, subdivision 4, paragraph (a). If, during employment,
the person meets the requirements of Minnesota Statutes, section 144G.60, subdivision 4,
paragraph (a), the supervision described in this paragraph is no longer required.
new text end

new text begin (c) Whenever performing delegated nursing tasks, a person employed under the authority
of this section must be directly supervised by another employee who meets the requirements
of Minnesota Statutes, section 144G.60, subdivision 4, paragraph (b). If, during employment,
the person meets the requirements of Minnesota Statutes, section 144G.60, subdivision 4,
paragraph (b), the supervision described in this paragraph is no longer required.
new text end

new text begin (d) This section expires four months after the expiration of the blanket federal waiver
of the nurse aides training and certification requirements under Code of Federal Regulations,
title 42, section 483.35(d), by the Centers for Medicare and Medicaid Services as authorized
by section 1135 of the Social Security Act.
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. 9. new text begin TEMPORARY NURSING FACILITY VOLUNTARY CORRECTION
PROGRAM.
new text end

new text begin (a) Between the date on which this section becomes effective and June 30, 2023, a
licensed nursing facility may submit to the commissioner a formal request for technical
assistance and available resources to correct the facility's failures to comply with state
licensing and federal certification standards that result from acute staffing shortages.
new text end

new text begin (b) Within 48 hours of receipt of a formal request under paragraph (a), the commissioner
must complete a voluntary correction program intake form and assign to the facility a specific
employee of the Department of Health who must act as the primary point of contact for the
facility participating in the voluntary correction program. A department employee assigned
to a facility must not be a nursing home health surveyor or an Office of Health Facility
Complaints investigator. The commissioner must not assign current surveyors or investigators
to offer technical assistance to facilities participating in the voluntary correction program.
new text end

new text begin (c) The commissioner must not initiate a survey or other regulatory action in response
to a request submitted under paragraph (a). The commissioner must not regard the mere
fact that a facility submitted a request under paragraph (a) as justification to exercise the
commissioner's discretion under Minnesota Statutes, section 144A.10, subdivision 2, to
devote more resources for inspections of the facility outside of the regular schedule of
licensing and certification inspections.
new text end

new text begin (d) While a facility is participating in the voluntary correction program, the commissioner
must not initiate a survey, revisit of any type, or otherwise deploy surveyors or investigators
to the facility except as provided in paragraph (f).
new text end

new text begin (e) No facility may participate in the voluntary correction program longer than one
month.
new text end

new text begin (f) Nothing in paragraph (c) or (d) prohibits the commissioner from conducting an on-site
investigation of alleged maltreatment of a vulnerable adult or of a complaint triaged as
immediate jeopardy.
new text end

new text begin (g) The commissioner must ensure that department staff providing technical assistance
to a facility participating in the voluntary correction program do not communicate information
about the facility directly to any surveyor or investigator, including that the facility is a
participant in the program. Nothing in this paragraph prohibits anyone from filing a complaint
with the Office of Health Facility Complaints.
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. 10. new text begin APPROPRIATION; INITIAL PACE IMPLEMENTATION FINANCING.
new text end

new text begin $265,000 in fiscal year 2022 is appropriated from the state fiscal recovery federal fund
to the commissioner of human services to complete the initial actuarial and administrative
work necessary to recommend a financing mechanism for the operation of PACE under
Minnesota Statutes, section 256B.69, subdivision 23, paragraph (e). For the purposes of
this section, "state fiscal recovery federal fund" means money received by the state from
the state fiscal recovery fund in the American Rescue Plan Act, Public Law 117-2. This is
a onetime appropriation and is available until December 31, 2026.
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. 11. new text begin APPROPRIATION; LONG-TERM CARE GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Total appropriation. new text end

new text begin $266,000,000 in fiscal year 2022 is appropriated
from the general fund to the commissioner of human services for grants to eligible employers
for long-term care retention grants, long-term care signing bonus grants, and long-term care
training and education grants.
new text end

new text begin Subd. 2. new text end

new text begin Long-term care retention bonus grants. new text end

new text begin Of the amount appropriated under
subdivision 1, $206,000,000 is for onetime long-term care retention bonus grants. The
commissioner shall use any amount that remains unencumbered after the completion of the
long-term care retention bonus grant application process for the long-term care education
and training grants described under subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Long-term care signing bonus grants. new text end

new text begin Of the amount appropriated in
subdivision 1, $30,000,000 is for long-term care signing bonus grants.
new text end

new text begin Subd. 4. new text end

new text begin Long-term care education and training grants. new text end

new text begin Of the amount appropriated
in subdivision 1, $30,000,000 plus any amount reallocated under subdivision 2 is for
long-term care education and training grants.
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. 12. new text begin APPROPRIATION; TEMPORARY STAFFING POOL.
new text end

new text begin $1,029,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of human services for the temporary staffing pool described in this act. This is a onetime
appropriation and is available until June 30, 2022.
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