SF 3176

as introduced - 90th Legislature (2017 - 2018) Posted on 03/13/2018 09:10am

A bill for an act
relating to human services; modifying disability waiver rates to include
reimbursement for provider costs associated with government mandates; amending
Minnesota Statutes 2016, section 256B.4914, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2016, section 256B.4914, is amended by adding a subdivision
to read:

new text begin Subd. 17. new text end

new text begin Framework rate adjustments for government mandates. new text end

new text begin The commissioner
shall adjust the disability waiver rate system to ensure that any new costs enacted by the
legislature or that result from any new requirement imposed by the commissioner on license
holders are added to the rates generated by the disability waiver rate system.
new text end

Sec. 2.

Minnesota Statutes 2016, section 256B.4914, is amended by adding a subdivision
to read:

new text begin Subd. 18. new text end

new text begin Rate add-ons for government mandates. new text end

new text begin (a) For costs resulting from state
or local government mandates other than those described in subdivision 17, the commissioner
shall provide forms for the optional annual reporting of those costs.
new text end

new text begin (b) A license holder may elect to report costs described in paragraph (a) once every 12
months. The license holder must report these costs on forms provided by the commissioner
no later than 120 days after the end of the license holder's fiscal year.
new text end

new text begin (c) License holders are eligible for a rate add-on under this subdivision if the costs
reported under paragraph (b):
new text end

new text begin (1) are generated by a government ordinance, regulation, or other directive;
new text end

new text begin (2) are adequately documented;
new text end

new text begin (3) are known and quantifiable;
new text end

new text begin (4) are implemented by the license holder;
new text end

new text begin (5) are definite and not subject to appeal or revision;
new text end

new text begin (6) are actually incurred;
new text end

new text begin (7) are not recognized elsewhere by the framework;
new text end

new text begin (8) are not imposed as a result of a negative licensing or other enforcement action; and
new text end

new text begin (9) were not incurred in the prior year.
new text end

new text begin (d) If the commissioner determines that the reported costs qualify for a rate add-on under
this subdivision, the rate add-on shall become effective on the date the costs were initially
incurred.
new text end

new text begin (e) The commissioner shall make a prospective adjustment to each service recipient's
future rate by allocating the total add-on in proportion to each service recipient's share of
the license holder's total payments. The commissioner shall make a lump-sum payment to
the license holder for any retroactive adjustment.
new text end