SF 3465

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2022 10:36am

A bill for an act
relating to human services; modifying the provider reinvention grant program;
repealing the Task Force on Eliminating Subminimum Wages; amending Laws
2021, First Special Session chapter 7, article 16, section 2, subdivisions 1, 7; article
17, section 14, subdivision 7; repealing Laws 2021, First Special Session chapter
7, article 17, section 14, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 10.

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

Section 1.

Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision
1, is amended to read:

Subdivision 1. Total Appropriation

$

deleted text begin 8,356,760,000 deleted text end new text begin 8,356,712,000 new text end

$

deleted text begin 9,803,181,000 deleted text end new text begin 9,803,139,000 new text end

Appropriations by Fund
	2022	2023
General	deleted text begin 7,295,463,000 deleted text end new text begin 7,295,415,000 new text end	deleted text begin 8,951,733,000 deleted text end new text begin 8,951,691,000 new text end
State Government Special Revenue	4,299,000	4,299,000
Health Care Access	769,889,000	564,448,000
Federal TANF	282,653,000	278,245,000
Lottery Prize	1,896,000	1,896,000
Opiate Epidemic Response	2,560,000	2,560,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval of Minnesota's
initial state spending plan as described in guidance issued by the Centers for Medicare and
Medicaid Services for implementation of section 9817 of the federal American Rescue Plan
Act of 2021. The commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.
new text end

Sec. 2.

Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 7, is
amended to read:

Subd. 7. Central Office; Community Supports

Appropriations by Fund
General	deleted text begin 41,767,000 deleted text end new text begin 41,719,000 new text end	deleted text begin 42,015,000 deleted text end new text begin 41,317,000 new text end
Lottery Prize	163,000	163,000
Opioid Epidemic Response	60,000	60,000

(a) Children's Mental Health Residential
Treatment Work Group. $70,000 in fiscal
year 2022 is for the children's mental health
residential treatment work group.

(b) Base Level Adjustment. The general fund
base is deleted text begin $39,668,000 deleted text end new text begin $39,658,000 new text end in fiscal year
2024 and $35,479,000 in fiscal year 2025. The
opiate epidemic response fund base is $60,000
in fiscal year 2024 and $0 in fiscal year 2025.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval of Minnesota's
initial state spending plan as described in guidance issued by the Centers for Medicare and
Medicaid Services for implementation of section 9817 of the federal American Rescue Plan
Act of 2021. The commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.
new text end

Sec. 3.

Laws 2021, First Special Session chapter 7, article 17, section 14, subdivision 7,
is amended to read:

Subd. 7.

deleted text begin Duties; deleted text end Provider reinvention grants.

(a) The commissioner of human services
shall establish a provider reinvention grant program to promote independence and increase
opportunities for people with disabilities to earn competitive wages. The commissioner
shall make the grants available to at least the following:

(1) providers of disability services under Minnesota Statutes, sections 256B.092 and
256B.49, for developing and implementing a business plan to deleted text begin shift the providers' business
models away from paying waiver participants subminimum wages deleted text end new text begin promote independence
and increase opportunities for people with disabilities to earn competitive wages new text end ;

(2) organizations to develop peer-to-peer mentoring for people with disabilities who
have successfully transitioned to earning competitive wages;

(3) organizations to facilitate provider-to-provider mentoring to promote deleted text begin shifting away
from paying employees with disabilities a subminimum wage deleted text end new text begin independence and increase
opportunities for people with disabilities to earn competitive wages new text end ; and

(4) organizations to conduct family outreach and education on working with people with
disabilities who are transitioning from subminimum wage employment to competitive
employment.

(b) The provider reinvention grant program must be competitive. The commissioner of
human services must develop criteria for evaluating responses to requests for proposals.
Criteria for evaluating grant applications must be finalized no later than November 1, 2021.
The commissioner of human services shall administer grants in compliance with Minnesota
Statutes, sections 16B.97 and 16B.98, and related policies set forth by the Department of
Administration's Office of Grants Management.

(c) Grantees must work with the commissioner to develop their business model deleted text begin and, as
a condition of receiving grant funds, grantees must fully phase out the use of subminimum
wage by April 1, 2024, unless the grantee receives a waiver from the commissioner of
human services for a demonstrated need deleted text end new text begin to promote independence and increase opportunities
for people with disabilities to earn competitive wages. As a condition of receiving grant
funds, the commission may not require grantees to fully phase out the use of subminimum
wages prior to the final implementation date of a federal requirement to do so new text end .

(d) Of the total amount available for provider reinvention grants, the commissioner may
award up to 25 percent of the grant funds to providers who have already successfully shifted
their business model away from paying employees with disabilities subminimum wages to
provide provider-to-provider mentoring to providers receiving a provider reinvention grant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval of Minnesota's
initial state spending plan as described in guidance issued by the Centers for Medicare and
Medicaid Services for implementation of section 9817 of the federal American Rescue Plan
Act of 2021. The commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Laws 2021, First Special Session chapter 7, article 17, section 14, subdivisions 1, 2, 3,
4, 5, 6, 8, 9, and 10, new text end new text begin are repealed.
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

APPENDIX

Repealed Minnesota Session Laws: 21-04535

Laws 2021, First Special Session chapter 7, article 17, section 14 Subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 10,

Sec. 14. new text begin TASK FORCE ON ELIMINATING SUBMINIMUM WAGES. new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Task Force on Eliminating Subminimum Wages is established to develop a plan and make recommendations to phase out payment of subminimum wages to people with disabilities on or before August 1, 2025. new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, "subminimum wage" means wages authorized under section 14(c) of the federal Fair Labor Standards Act, Minnesota Statutes, section 177.28, subdivision 5, or Minnesota Rules, parts 5200.0030 and 5200.0040. new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of 16 members, appointed as follows: new text end

new text begin (1) the commissioner of human services or a designee; new text end

new text begin (2) the commissioner of labor and industry or a designee; new text end

new text begin (3) the commissioner of education or a designee; new text end

new text begin (4) the commissioner of employment and economic development or a designee; new text end

new text begin (5) a representative of the Department of Employment and Economic Development's Vocational Rehabilitation Services Division appointed by the commissioner of employment and economic development; new text end

new text begin (6) one member appointed by the Minnesota Disability Law Center; new text end

new text begin (7) one member appointed by The Arc of Minnesota; new text end

new text begin (8) three members who are persons with disabilities appointed by the commissioner of human services, at least one of whom must be neurodiverse, and at least one of whom must have a significant physical disability; new text end

new text begin (9) two representatives of employers authorized to pay subminimum wage and one representative of an employer who successfully transitioned away from payment of subminimum wages to people with disabilities, appointed by the commissioner of human services; new text end

new text begin (10) one member appointed by the Minnesota Organization for Habilitation and Rehabilitation; new text end

new text begin (11) one member appointed by ARRM; and new text end

new text begin (12) one member appointed by the State Rehabilitation Council. new text end

new text begin (b) To the extent possible, membership on the task force under paragraph (a) shall reflect geographic parity throughout the state and representation from Black, Indigenous, and communities of color. new text end

new text begin Subd. 4. new text end

new text begin Appointment deadline; first meeting; chair. new text end

new text begin Appointing authorities must complete member selections by January 1, 2022. The commissioner of human services shall convene the first meeting of the task force by February 15, 2022. The task force shall select a chair from among its members at its first meeting. new text end

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin Members shall be compensated and may be reimbursed for expenses as provided in Minnesota Statutes, section 15.059, subdivision 3. new text end

new text begin Subd. 6. new text end

new text begin Duties; plan and recommendations. new text end

new text begin The task force shall: new text end

new text begin (1) develop a plan to phase out the payment of subminimum wages to people with disabilities by August 1, 2025; new text end

new text begin (2) consult with and advise the commissioner of human services on statewide plans for limiting subminimum wages in medical assistance home and community-based services waivers under Minnesota Statutes, sections 256B.092 and 256B.49; new text end

new text begin (3) engage with employees with disabilities paid subminimum wages and conduct community education on the payment of subminimum wages to people with disabilities in Minnesota; new text end

new text begin (4) identify and collaborate with employees, employers, businesses, organizations, agencies, and stakeholders impacted by the phase out of subminimum wage on how to implement the plan and create sustainable work opportunities for employees with disabilities; new text end

new text begin (5) propose a plan to establish and evaluate benchmarks for measuring annual progress toward eliminating subminimum wages; new text end

new text begin (6) propose a plan to monitor and track outcomes of employees with disabilities; new text end

new text begin (7) identify initiatives, investment, training, and services designed to improve wages, reduce unemployment rates, and provide support and sustainable work opportunities for persons with disabilities; new text end

new text begin (8) identify benefits to the state in eliminating subminimum wage by August 1, 2025; new text end

new text begin (9) identify barriers to eliminating subminimum wage by August 1, 2025, including the cost of implementing and providing ongoing employment services, training, and support for employees with disabilities and the cost of paying minimum wage to employees with disabilities; new text end

new text begin (10) make recommendations to eliminate the barriers identified in clause (9); and new text end

new text begin (11) identify and make recommendations for sustainable financial support, funding, and resources for eliminating subminimum wage by August 1, 2025. new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin By February 15, 2023, the task force shall submit to the chairs and ranking minority members of the committees and divisions in the senate and house of representatives with jurisdiction over employment and wages and over health and human services a report with recommendations to eliminate by August 1, 2025, the payment of subminimum wage, and any changes to statutes, laws, or rules required to implement the recommendations of the task force. The task force must include in the report a recommendation concerning continuing the task force beyond its scheduled expiration. new text end

new text begin Subd. 9. new text end

new text begin Administrative support. new text end

new text begin The commissioner of human services shall provide meeting space and administrative services to the task force. new text end

new text begin Subd. 10. new text end

new text begin Expiration. new text end

new text begin The task force shall conclude their duties and expire on March 31, 2024. new text end