SF 3801

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; creating a program for respite care for family adult
foster care providers; proposing coding for new law in Minnesota Statutes,
chapter 256.

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

Section 1.

new text begin [256.0122] RESPITE CARE FOR FAMILY ADULT FOSTER CARE
PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The state recognizes the importance of
developing and maintaining quality family foster care resources. In order to accomplish
that goal, the commissioner shall establish the Minnesota respite care program for family
adult foster care providers to provide support to caregivers of adult foster care residents.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin A family adult foster care home provider as defined under
section 144D.01, subdivision 7, who has been licensed for at least six months, is eligible
under the program for 30 days of respite care per calendar year. In cases of emergency, a
county social services agency may waive the six-month licensing requirement. In order to
be eligible to receive respite payment from group residential housing, a provider must take
time off away from their foster care residents.
new text end

new text begin Subd. 3. new text end

new text begin Payment structure. new text end

new text begin (a) The payment for respite care for an adult foster
care resident eligible for only group residential housing shall be based on the current
monthly group residential housing base room and board rate and the current maximum
monthly group residential housing difficulty of care rate.
new text end

new text begin (b) The payment for respite care for an adult foster care resident eligible for
Medicaid home and community-based services waiver funds shall be based on the group
residential housing base room and board rate.
new text end

new text begin (c) The total amount available to pay for respite care for a family adult foster care
provider shall be based on the number of residents currently served in the foster care home
and the source of funding used to pay for each resident's foster care. Respite care must be
paid for on a per diem basis and for a full day.
new text end

new text begin Subd. 4. new text end

new text begin Rate increase. new text end

new text begin The medical assistance home and community-based
services waiver rate for foster care services shall be increased by 5.5 percent.
new text end

new text begin Subd. 5. new text end

new text begin Implementation. new text end

new text begin The respite care provisions in subdivisions 1 to 4 must
be implemented in the same manner in all counties statewide. Payment for respite care
for private pay foster care residents must be made between the provider and the resident
or the resident's family.
new text end