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SF 3167

as introduced - 92nd Legislature (2021 - 2022) Posted on 06/27/2022 09:01am

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 disproportionate share rate adjustments for
certain customized living services; amending Minnesota Statutes 2021 Supplement,
section 256S.205.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 256S.205, is amended to read:


256S.205 CUSTOMIZED LIVING SERVICES; DISPROPORTIONATE SHARE
RATE ADJUSTMENTS.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms in this
subdivision have the meanings given.

(b) "Application year" means a year in which a facility submits an application for
designation as a disproportionate share facility.

(c) deleted text begin"Assisted living facility" or "facility" means an assisted living facility licensed under
chapter 144G
deleted text endnew text begin "Customized living resident" means a resident of a facility who is receiving
either 24-hour customized living services or customized living services authorized under
the elderly waiver, the brain injury waiver, or the community access for disability inclusion
waiver
new text end.

(d) "Disproportionate share facility" means deleted text beginan assisted livingdeleted text endnew text begin anew text end facility designated by
the commissioner under subdivision 4.

new text begin (e) "Facility" means either an assisted living facility licensed under chapter 144G or a
setting that is exempt from assisted living licensure under section 144G.08, subdivision 7,
clauses (10) to (13).
new text end

new text begin (f) "Rate year" means January 1 to December 31 of the year following an application
year.
new text end

Subd. 2.

Rate adjustment application.

deleted text beginAn assisted livingdeleted text endnew text begin Anew text end facility may apply to the
commissioner for designation as a disproportionate share facility. Applications must be
submitted annually between deleted text beginOctoberdeleted text endnew text begin Septembernew text end 1 and deleted text beginOctober 31deleted text endnew text begin September 30new text end. The
applying facility must apply in a manner determined by the commissioner. The applying
facility must document deleted text beginas a percentage the census of elderly waiver participantsdeleted text endnew text begin each of the
following on the application:
new text end

new text begin (1) the number of customized living residents in the facility on September 1 of the
application year, broken out by specific waiver program; and
new text end

new text begin (2) the total number of peoplenew text end residing in the facility on deleted text beginOctoberdeleted text endnew text begin Septembernew text end 1 of the
application year.

Subd. 3.

Rate adjustment eligibility criteria.

Only facilities deleted text beginwith a census of at least
80 percent elderly waiver participants
deleted text endnew text begin satisfying all of the following conditionsnew text end on deleted text beginOctoberdeleted text endnew text begin
September
new text end 1 of the application year are eligible for designation as a disproportionate share
facilitynew text begin:
new text end

new text begin (1) at least 80 percent of the residents of the facility are customized living residents; and
new text end

new text begin (2) at least 50 percent of the customized living residents are elderly waiver participantsnew text end.

Subd. 4.

Designation as a disproportionate share facility.

new text begin(a) new text endBy deleted text beginNovemberdeleted text endnew text begin Octobernew text end
15 of each application year, the commissioner must designate as a disproportionate share
facility a facility that complies with the application requirements of subdivision 2 and meets
the eligibility criteria of subdivision 3.

new text begin (b) An annual designation is effective for one rate year.
new text end

Subd. 5.

Rate adjustment; rate floor.

(a) Notwithstanding the 24-hour customized
living monthly service rate limits under section 256S.202, subdivision 2, and the component
service rates established under section 256S.201, subdivision 4, the commissioner must
establish a rate floor equal to deleted text begin$119deleted text endnew text begin $139new text end per resident per day for 24-hour customized living
services providednew text begin to an elderly waiver participantnew text end in a designated disproportionate share
facility deleted text beginfor the purpose of ensuring the minimal level of staffing required to meet the health
and safety needs of elderly waiver participants
deleted text end.

new text begin (b) The commissioner must apply the rate floor to the services described in paragraph
(a) provided during the rate year.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end The commissioner must adjust the rate floor at least annually in the manner
described under section 256S.18, subdivisions 5 and 6.

deleted text begin (c)deleted text endnew text begin (d)new text end The commissioner shall not implement the rate floor under this section if the
customized living rates established under sections 256S.21 to 256S.215 will be implemented
at 100 percent on January 1 of the year following an application year.

Subd. 6.

Budget cap disregard.

The value of the rate adjustment under this section
must not be included in an elderly waiver client's monthly case mix budget cap.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, or upon federal approval,
whichever is later, and applies to services provided on or after October 1, 2022, or on or
after the date upon which federal approval is obtained, whichever is later. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 2. new text beginDIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
PARTIAL YEAR IMPLEMENTATION OF DISPROPORTIONATE SHARE RATE
ADJUSTMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the definitions in Minnesota
Statutes, section 256S.205, apply.
new text end

new text begin Subd. 2. new text end

new text begin Partial year implementation. new text end

new text begin (a) Notwithstanding the provisions of Minnesota
Statutes, section 256S.205, subdivisions 2 to 5, regarding application dates, eligibility dates,
designation dates, and payment adjustment dates, during the first partial year of
implementation of the amendments in this act to Minnesota Statutes, section 256S.205, a
facility may apply between July 1, 2022, and July 31, 2022, to be designated a
disproportionate share facility on the basis of the conditions outlined in Minnesota Statutes,
section 256S.205, subdivision 3, as of July 1, 2022. The commissioner shall designate
disproportionate share facilities by August 15, 2022. Between October 1, 2022, and December
31, 2022, the commissioner shall apply the rate floor under Minnesota Statutes, section
256S.205, as amended in this act, to eligible customized living services provided in
disproportionate share facilities between those dates.
new text end

new text begin Subd. 3. new text end

new text begin Rate year 2023. new text end

new text begin Beginning September 1, 2022, the timelines and dates described
in Minnesota Statutes, section 256S.205, subdivisions 2 to 4, apply for the purposes of rate
year 2023.
new text end

new text begin Subd. 4. new text end

new text begin Treatment of prior rate adjustments. new text end

new text begin (a) The commissioner shall apply rate
adjustments required under Minnesota Statutes 2021 Supplement, section 256S.205, until
September 30, 2022. Beginning October 1, 2022, the commissioner shall remove all rate
adjustments required under Minnesota Statutes 2021 Supplement, section 256S.205.
new text end

new text begin (b) A disproportionate share facility receiving a rate adjustment under Minnesota Statutes
2021 Supplement, section 256S.205, as of July 1, 2022, may apply for an adjustment under
this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin (a) Subdivisions 1 to 3 are effective July 1, 2022, or upon federal
approval, whichever is later, and apply to services provided on or after October 1, 2022, or
on or after the date upon which federal approval is obtained, whichever is later. The
commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
new text end

new text begin (b) Subdivision 4 is effective July 1, 2022.
new text end