Minnesota Legislature
SF 3247
as introduced - 93rd Legislature (2023 - 2024) Posted on 04/13/2023 08:24am
Current Version - as introduced
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A bill for an act
relating to human services; establishing professional competency and shift wage
differential enhanced payment rates for personal care assistant and community
first services and supports professionals; modifying use of enhanced rate revenue
for workers; establishing a temporary personal care assistance rate increase;
appropriating money; amending Minnesota Statutes 2022, sections 256B.0659,
subdivisions 17a, 24; 256B.85, subdivision 7a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 256B.0659, subdivision 17a, is amended to
read:
Subd. 17a.
Enhanced rate.
new text begin (a) new text end An enhanced rate of deleted text begin 107.5 deleted text end new text begin 143 new text end percent of the rate paid
for personal care assistance services shall be paid for services provided to persons who
qualify for ten or more hours of personal care assistance services per day when provided
by a personal care assistant who meets the requirements of subdivision 11, paragraph (d).
Any change in the eligibility criteria for the enhanced rate for personal care assistance
services as described in this subdivision and referenced in subdivision 11, paragraph (d),
does not constitute a change in a term or condition for individual providers as defined in
section 256B.0711, and is not subject to the state's obligation to meet and negotiate under
chapter 179A.
new text begin
(b) An enhanced rate of 25 percent on top of any enhancements in paragraph (a) must
be paid for services provided by a support worker certified or licensed as a registered nurse,
licensed practical nurse, home health aide, or certified nursing assistant.
new text end
new text begin
(c) An enhanced rate of ten percent more on top of any other enhancement in this
subdivision must be paid for services provided from 9 p.m. Friday night to 9 a.m. Monday
morning.
new text end
new text begin
(d) Additional revenue due to any enhanced rate under this subdivision must be used by
the agency to pay for the wages of the PCAs whose services meet the requirements under
subdivision 11, paragraph (d). The agency must not use the additional revenue due to any
enhanced rate under this subdivision to pay for mileage reimbursement, health and dental
insurance, life insurance, disability insurance, long-term care insurance, uniform allowance,
contributions to employee retirement accounts, or any other employee benefits.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 2.
Minnesota Statutes 2022, section 256B.0659, subdivision 24, is amended to read:
Subd. 24.
Personal care assistance provider agency; general duties.
A personal care
assistance provider agency shall:
(1) enroll as a Medicaid provider meeting all provider standards, including completion
of the required provider training;
(2) comply with general medical assistance coverage requirements;
(3) demonstrate compliance with law and policies of the personal care assistance program
to be determined by the commissioner;
(4) comply with background study requirements;
(5) verify and keep records of hours worked by the personal care assistant and qualified
professional;
(6) not engage in any agency-initiated direct contact or marketing in person, by phone,
or other electronic means to potential recipients, guardians, or family members;
(7) pay the personal care assistant and qualified professional based on actual hours of
services provided;
(8) withhold and pay all applicable federal and state taxes;
(9) document that the agency uses a minimum of 72.5 percent of the revenue generated
by the medical assistance rate for personal care assistance services for employee personal
care assistant wages and benefits. The revenue generated by the qualified professional and
the reasonable costs associated with the qualified professional shall not be used in making
this calculation;
(10) make the arrangements and pay unemployment insurance, taxes, workers'
compensation, liability insurance, and other benefits, if any;
(11) enter into a written agreement under subdivision 20 before services are provided;
(12) report suspected neglect and abuse to the common entry point according to section
256B.0651;
(13) provide the recipient with a copy of the home care bill of rights at start of service;
(14) request reassessments at least 60 days prior to the end of the current authorization
for personal care assistance services, on forms provided by the commissioner;
(15) comply with the labor market reporting requirements described in section 256B.4912,
subdivision 1a; and
(16) document that the agency uses the additional revenue due to the enhanced rate under
subdivision 17a for the wages deleted text begin and benefitsdeleted text end of the PCAs whose services meet the requirements
under subdivision 11, paragraph (d).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 3.
Minnesota Statutes 2022, section 256B.85, subdivision 7a, is amended to read:
Subd. 7a.
Enhanced rate.
new text begin (a) new text end An enhanced rate of deleted text begin 107.5 deleted text end new text begin 143 new text end percent of the rate paid
for CFSS must be paid for services provided to persons who qualify for ten or more hours
of CFSS per day when provided by a support worker who meets the requirements of
subdivision 16, paragraph (e). Any change in the eligibility criteria for the enhanced rate
for CFSS as described in this subdivision and referenced in subdivision 16, paragraph (e),
does not constitute a change in a term or condition for individual providers as defined in
section 256B.0711, and is not subject to the state's obligation to meet and negotiate under
chapter 179A.
new text begin
(b) An enhanced rate of 25 percent on top of any enhancements in paragraph (a) must
be paid for services provided by a support worker certified or licensed as a registered nurse,
licensed practical nurse, home health aide, or certified nursing assistant.
new text end
new text begin
(c) An enhanced rate of ten percent more on top of any other enhancement in this
subdivision must be paid for services provided from 9 p.m. Friday night to 9 a.m. Monday
morning.
new text end
new text begin
(d) Additional revenue due to any enhanced rate under this subdivision must be used by
the agency to pay for the wages of the CFSS support workers whose services meet the
requirements under subdivision 16, paragraph (e). The agency must not use the additional
revenue due to any enhanced rate under this subdivision to pay for mileage reimbursement,
health and dental insurance, life insurance, disability insurance, long-term care insurance,
uniform allowance, contributions to employee retirement accounts, or any other employee
benefits.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 4. new text begin DIRECT SUPPORT PROFESSIONALS TEMPORARY RATE INCREASE.
new text end
new text begin Subd. 1. new text end
new text begin
Temporary rates for personal care assistance services and community first
services and supports.
new text end
new text begin
(a) For the purposes of this section, "direct support professional"
means an individual employed to personally provide personal care assistance services
covered under Minnesota Statutes, section 256B.0659, or community first services and
supports services covered under Minnesota Statutes, section 256B.85. Direct support
professional does not include managerial or administrative staff who do not personally
provide the services described in this paragraph.
new text end
new text begin
(b) The commissioner of human services must temporarily increase rates and enhanced
rates by 20 percent for personal care assistance services covered under Minnesota Statutes,
section 256B.0659, and community first services and supports services covered under
Minnesota Statutes, section 256B.85, while this section is effective.
new text end
new text begin
(c) The temporary increase under this section must be funded entirely by state-only
money.
new text end
new text begin
(d) Providers that receive a rate increase under this section must use the entire amount
of additional revenue to increase wages for direct support professionals and any
corresponding increase in the employer's share of FICA taxes, Medicare taxes, state and
federal unemployment taxes, and workers' compensation premiums. Providers must not use
the additional revenue under this section to pay for mileage reimbursement, health and
dental insurance, life insurance, disability insurance, long-term care insurance, uniform
allowance, contributions to employee retirement accounts, or any other employee benefits.
new text end
new text begin Subd. 2. new text end
new text begin Capitation rates and directed payments. new text end
new text begin
(a) To implement the temporary
rate increase under this section, managed care plans and county-based purchasing plans
must pay at least the fee-for-service rate inclusive of the 20 percent increase for personal
care assistance services covered under Minnesota Statutes, section 256B.0659, and
community first services and supports services covered under Minnesota Statutes, section
256B.85.
new text end
new text begin
(b) The commissioner must adjust capitation rates paid to managed care plans and
county-based purchasing plans as needed to maintain managed care plans' required medical
loss ratios.
new text end
new text begin Subd. 3. new text end
new text begin Distribution plans. new text end
new text begin
(a) A provider agency or individual provider that receives
a rate increase under subdivision 1 must prepare and, upon request, submit to the
commissioner a distribution plan that specifies the anticipated amount and proposed uses
of the additional revenue the provider will receive under subdivision 1.
new text end
new text begin
(b) Within 30 days of final enactment of this section, the provider must post the
distribution plan and leave it posted for a period of at least six weeks in an area of the
provider's operation to which all direct support professionals have access. The provider
must post with the distribution plan instructions on how to contact the commissioner, or the
commissioner's representative, if a direct support professional does not believe they have
received the wage increase specified in the distribution plan. The instructions must include
a mailing address, email address, and telephone number that a direct support professional
may use to contact the commissioner or the commissioner's representative.
new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
new text begin
This section expires upon implementation of the rate increases
included in the labor agreement between the state of Minnesota and the Service Employees
International Union Healthcare Minnesota, submitted to the Legislative Coordinating
Commission on February 27, 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. 5. new text begin APPROPRIATION; ENHANCED RATES FOR DIRECT SUPPORT
PROFESSIONALS.
new text end
new text begin
$ ....... in fiscal year 2024 and $ ....... in fiscal year 2025 are appropriated from the general
fund to the commissioner of human services for enhanced payment rates for direct support
professionals under Minnesota Statutes, section 256B.0659, subdivision 17a, paragraphs
(b) and (c), and Minnesota Statutes, section 256B.85, subdivision 7a, paragraphs (b) and
(c).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 6. new text begin APPROPRIATION; TEMPORARY RATE INCREASE FOR DIRECT
SUPPORT PROFESSIONALS.
new text end
new text begin
$....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
human services to implement the direct support professional temporary rate increase under
section 4. This is a onetime appropriation and is available until the expiration of section 4.
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