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Capital IconMinnesota Legislature

SF 4410

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/21/2022 11:14am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 2.1
2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16
2.17
2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12
3.13
3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21
4.22
4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19
6.20 6.21 6.22
6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18
7.19 7.20 7.21
7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2 8.3 8.4 8.5 8.6 8.7
8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28
9.29 9.30 9.31
10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 11.1 11.2 11.3 11.4 11.5 11.6
11.7 11.8 11.9
11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29
11.30
12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25
12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21
13.22 13.23 13.24
13.25 13.26 13.27 13.28 13.29 13.30 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13
14.14 14.15 14.16
14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15
16.16 16.17 16.18
16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9
18.10 18.11 18.12
18.13 18.14 18.15 18.16 18.17 18.18 18.19
18.20 18.21 18.22
18.23 18.24 18.25 18.26 18.27 18.28
18.29 18.30 18.31
19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 20.1 20.2 20.3 20.4 20.5
20.6 20.7 20.8
20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23
20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11
21.12 21.13 21.14
21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 22.1 22.2 22.3 22.4
22.5 22.6 22.7
22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16
22.17
22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28
26.29 26.30 26.32 26.31 26.33 26.34 27.2 27.1 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12
27.13 27.14 27.16 27.15 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6
29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33
33.1 33.2 33.3
33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 34.1 34.2
34.3 34.4 34.5
34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18
35.19 35.20 35.21
35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25
37.26 37.27 37.28
37.29 37.30 37.31 37.32 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11
38.12 38.13 38.14
38.15 38.16 38.17 38.18 38.19
38.20 38.21 38.22
38.23 38.24 38.25 38.26 38.27
38.28 38.29 38.30
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11
39.12 39.13 39.14
39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20
40.21 40.22 40.23
40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 42.1 42.2 42.3 42.4 42.5 42.6
42.7 42.8 42.9
42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26
42.27 42.28 42.29
43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22
43.23 43.24 43.25
43.26 43.27 43.28 43.29 43.30 43.31 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21
45.22 45.23 45.24
45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 48.1 48.2 48.3 48.4 48.5 48.6 48.7
48.8 48.9 48.10 48.11 48.12
48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24
48.25 48.26 48.27
48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15
49.16 49.17 49.18 49.19 49.20 49.21 49.22
49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31
50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11
51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9
52.10 52.11 52.12 52.13 52.14 52.15 52.16
52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31
53.1 53.2 53.3 53.4 53.5
53.6
53.7 53.8 53.9 53.10 53.11
53.12 53.13
53.14 53.15 53.16
53.17 53.18
53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 55.1 55.2 55.3 55.4
55.5
55.6 55.7 55.8 55.9 55.10 55.11
55.12 55.13 55.14
55.15 55.16 55.17 55.18 55.19 55.20
55.21 55.22 55.23
55.24 55.25 55.26 55.27 55.28
55.29 55.30 55.31
56.1 56.2 56.3 56.4 56.5
56.6 56.7 56.8
56.9 56.10 56.11 56.12 56.13 56.14
56.15 56.16 56.17
56.18 56.19 56.20 56.21 56.22
56.23 56.24 56.25
56.26 56.27 56.28 56.29 56.30
57.1 57.2 57.3
57.4 57.5 57.6 57.7 57.8 57.9 57.10
57.11 57.12 57.13
57.14 57.15 57.16 57.17 57.18 57.19
57.20 57.21 57.22
57.23 57.24 57.25 57.26 57.27
57.28 57.29 57.30
58.1 58.2 58.3 58.4 58.5 58.6
58.7 58.8 58.9
58.10 58.11 58.12 58.13
58.14 58.15 58.16
58.17 58.18 58.19 58.20
58.21 58.22 58.23
58.24 58.25 58.26 58.27 58.28 58.29 58.30 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32
60.1 60.2 60.3
60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16
60.17 60.18 60.19 60.20 60.21 60.22
60.23 60.24 60.25
60.26 60.27 60.28 60.29 60.30 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19
62.20 62.21 62.22 62.23
62.24 62.25 62.26 62.27 62.28 62.29 62.30
63.1 63.2 63.3
63.4 63.5 63.6 63.7 63.8
63.9 63.10 63.11
63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24
64.25 64.26 64.27 64.28 64.29 64.30
65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26
65.27 65.28 65.29 65.30 65.31 65.32
66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8
66.9 66.10 66.11
66.12 66.13
66.14 66.15 66.16
66.17 66.18
66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12
69.13
69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 74.1 74.2 74.3 74.4 74.5 74.6
74.7
74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29
74.30
75.1 75.2 75.3 75.4 75.5 75.6
75.7 75.8
75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34
77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12
77.13
77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24
77.25
77.26 77.27 77.28 77.29 77.30 77.31 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22
78.23
78.24 78.25 78.26 78.27 78.28 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25
79.26
79.27 79.28 79.29 79.30 79.31 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16
80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26
80.27
80.28 80.29 80.30 80.31 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15
81.16
81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25
82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33
83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9
83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17
83.18 83.19 83.20 83.21 83.22 83.23 83.24
83.25 83.26 83.27 83.28 83.29 83.30 83.31 84.1 84.2
84.3 84.4 84.5 84.6 84.7 84.8
84.9 84.10 84.11 84.12 84.13 84.14 84.15
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96.20 96.21 96.22 96.23 96.24 96.25

A bill for an act
relating to state government; modifying provisions governing community supports,
continuing care for older adults, health care, behavioral health, child welfare,
economic assistance, and background studies; establishing a Department of
Behavioral Health; establishing certain grants; appropriating money; amending
Minnesota Statutes 2020, sections 13.46, subdivision 7; 15A.0815, subdivision 2;
144.294, subdivision 2; 144G.45, subdivision 7; 245C.02, subdivision 17a, by
adding a subdivision; 245C.04, subdivision 4a, by adding subdivisions; 245C.10,
by adding subdivisions; 252.275, subdivisions 4c, 8; 256B.057, subdivision 9;
256B.0625, subdivision 17a; 256B.0659, subdivisions 1, 12, 19, 24; 256B.4911,
by adding a subdivision; 256B.4914, subdivisions 8, as amended, 9, as amended;
256B.5012, by adding subdivisions; 256B.85, by adding a subdivision; 256E.35,
subdivisions 1, 2, 4a, 6, 7; 256I.05, by adding a subdivision; 256K.45, subdivision
6, by adding subdivisions; 256P.02, by adding a subdivision; 256P.03, subdivision
2; 256R.02, subdivisions 16, 24, 26, 29, 34, by adding subdivisions; 256R.23,
subdivisions 2, 3; 256R.24, subdivision 1; 256R.25; 256S.16; 256S.201, subdivision
3; 256S.213, subdivision 1; 626.5571, subdivision 1; Minnesota Statutes 2021
Supplement, sections 15.01; 15.06, subdivision 1; 43A.08, subdivision 1a; 245C.03,
by adding subdivisions; 256B.0625, subdivision 17; 256B.0659, subdivision 17a;
256B.49, subdivision 28; 256B.4914, subdivision 5, as amended; 256B.85,
subdivisions 7, 7a; 256B.851, subdivision 5; 256P.02, subdivisions 1a, 2; 256S.205;
256S.21; 297E.02, subdivision 3; Laws 2014, chapter 312, article 27, section 75;
Laws 2021, First Special Session chapter 7, article 14, section 21, subdivision 4;
article 16, section 2, subdivisions 1, 24, 29; article 17, section 14; Laws 2021, First
Special Session chapter 8, article 6, section 1, subdivision 7; Laws 2022, chapter
33, section 1, subdivisions 3, 4, 5a, 5b, 5c, 5d, 5f, 10, 10a, 10c, 12, 14; by adding
a subdivision; Laws 2022, chapter 40, sections 6; 7; proposing coding for new law
in Minnesota Statutes, chapters 256; 256B; 626; proposing coding for new law as
Minnesota Statutes, chapter 256T; repealing Minnesota Statutes 2021 Supplement,
section 256S.2101; Laws 2022, chapter 33, section 1, subdivision 9.

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

ARTICLE 1

COMMUNITY SUPPORTS

Section 1.

Minnesota Statutes 2020, section 252.275, subdivision 4c, is amended to read:


Subd. 4c.

Review of funds; reallocation.

new text begin(a) new text endAfter each quarter, the commissioner shall
review county program expenditures. The commissioner may reallocate unexpended money
at any time among those counties which have earned their full allocation.

new text begin (b) For each fiscal year, the commissioner shall determine if actual statewide expenditures
by county boards are less than the fiscal year appropriation to provide semi-independent
living services under this section. If actual statewide expenditures by county boards are less
than the fiscal year appropriation to provide semi-independent living services under this
section, the unexpended amount must be carried forward to the next fiscal year and allocated
to grants in equal amounts to the eight organizations defined in section 268A.01, subdivision
8, to expand services to support people with disabilities who are ineligible for medical
assistance to live in their own homes and communities by providing accessibility
modifications, independent living services, and public health program facilitation.
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. 2.

Minnesota Statutes 2020, section 252.275, subdivision 8, is amended to read:


Subd. 8.

Use of federal funds and transfer of funds to medical assistance.

deleted text begin(a)deleted text end The
commissioner shall make every reasonable effort to maximize the use of federal funds for
semi-independent living services.

deleted text begin (b) The commissioner shall reduce the payments to be made under this section to each
county from January 1, 1994, to June 30, 1996, by the amount of the state share of medical
assistance reimbursement for services other than residential services provided under the
home and community-based waiver program under section 256B.092 from January 1, 1994
to June 30, 1996, for clients for whom the county is financially responsible and who have
been transferred by the county from the semi-independent living services program to the
home and community-based waiver program. Unless otherwise specified, all reduced amounts
shall be transferred to the medical assistance state account.
deleted text end

deleted text begin (c) For fiscal year 1997, the base appropriation available under this section shall be
reduced by the amount of the state share of medical assistance reimbursement for services
other than residential services provided under the home and community-based waiver
program authorized in section 256B.092 from January 1, 1995, to December 31, 1995, for
persons who have been transferred from the semi-independent living services program to
the home and community-based waiver program. The base appropriation for the medical
assistance state account shall be increased by the same amount.
deleted text end

deleted text begin (d) For purposes of calculating the guaranteed floor under subdivision 4b and to establish
the calendar year 1996 allocations, each county's original allocation for calendar year 1995
shall be reduced by the amount transferred to the state medical assistance account under
paragraph (b) during the six months ending on June 30, 1995. For purposes of calculating
the guaranteed floor under subdivision 4b and to establish the calendar year 1997 allocations,
each county's original allocation for calendar year 1996 shall be reduced by the amount
transferred to the state medical assistance account under paragraph (b) during the six months
ending on December 31, 1995.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 3.

new text begin [256.4795] RESIDENTIAL SETTING CLOSURE PREVENTION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Residential setting closure prevention grants established. new text end

new text begin The
commissioner of human services shall establish a grant program to reduce the risk of
residential settings in financial distress from closing. The commissioner shall limit
expenditures under this subdivision to the amount appropriated for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this subdivision
have the meaning given them.
new text end

new text begin (b) "At risk of closure" means a residential setting is in significant financial distress and,
in the judgment of the commissioner, but for additional funding from the commissioner,
the setting will close.
new text end

new text begin (c) "Residential settings" means any of the following: a nursing facility; an assisted
living facility with a majority of residents receiving services funded by medical assistance;
an intermediate care facility for persons with developmental disabilities; or an adult foster
care setting, a community residential setting, or an integrated community supports setting.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin (a) A license holder operating a residential setting in significant
financial distress may apply to the commissioner for a grant under this section to relieve its
immediate financial distress.
new text end

new text begin (b) Lead agencies that suspect a residential setting is in significant financial distress may
refer the license holder to the commissioner for consideration by the commissioner for grant
funding under this section. Upon a referral from a lead agency under this section, the
commissioner shall immediately solicit an application from the license holder, providing
individualized technical assistance to the license holder regarding the application process.
new text end

new text begin (c) The commissioner must give priority for closure prevention grants to residential
settings with the most significant risk of closing in violation of the applicable notice
requirements prior to the termination of services.
new text end

new text begin Subd. 4. new text end

new text begin Criteria and limitations. new text end

new text begin (a) Within available appropriations for this purpose,
the commissioner must award sufficient funding to a residential setting at risk of closure to
ensure that the residential setting remains open long enough to comply with the applicable
termination of services notification requirements.
new text end

new text begin (b) The commissioner may award additional funding to a residential setting at risk of
closure if, in the judgment of the commissioner, the residential setting is likely to remain
open and financially viable after receiving time-limited additional funding from the
commissioner.
new text end

new text begin (c) Before receiving any additional funding under paragraph (b), grantees must work
with the commissioner to develop a business plan and corrective action plan to reduce the
risk of future financial distress. No residential setting may receive additional funding under
paragraph (b) more than once.
new text end

new text begin Subd. 5. new text end

new text begin Interagency coordination. new text end

new text begin The commissioner must coordinate the grant
activities under this section with any other impacted state agencies and lead agencies.
new text end

new text begin Subd. 6. new text end

new text begin Administrative funding. new text end

new text begin The commissioner may use up to 6.5 percent of the
grant amounts awarded for the commissioner's costs related to administration of this program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 4.

Minnesota Statutes 2020, section 256B.0659, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in
paragraphs (b) to (r) have the meanings given unless otherwise provided in text.

(b) "Activities of daily living" means grooming, dressing, bathing, transferring, mobility,
positioning, eating, and toileting.

(c) "Behavior," effective January 1, 2010, means a category to determine the home care
rating and is based on the criteria found in this section. "Level I behavior" means physical
aggression deleted text begintowardsdeleted text endnew text begin towardnew text end self, others, or destruction of property that requires the immediate
response of another person.

(d) "Complex health-related needs," effective January 1, 2010, means a category to
determine the home care rating and is based on the criteria found in this section.

(e) "Critical activities of daily living," effective January 1, 2010, means transferring,
mobility, eating, and toileting.

(f) "Dependency in activities of daily living" means a person requires assistance to begin
and complete one or more of the activities of daily living.

(g) "Extended personal care assistance service" means personal care assistance services
included in a service plan under one of the home and community-based services waivers
authorized under chapter 256S and sections 256B.092, subdivision 5, and 256B.49, which
exceed the amount, duration, and frequency of the state plan personal care assistance services
for participants who:

(1) need assistance provided periodically during a week, but less than daily will not be
able to remain in their homes without the assistance, and other replacement services are
more expensive or are not available when personal care assistance services are to be reduced;
or

(2) need additional personal care assistance services beyond the amount authorized by
the state plan personal care assistance assessment in order to ensure that their safety, health,
and welfare are provided for in their homes.

(h) "Health-related procedures and tasks" means procedures and tasks that can be
delegated or assigned by a licensed health care professional under state law to be performed
by a personal care assistant.

(i) "Instrumental activities of daily living" means activities to include meal planning and
preparation; basic assistance with paying bills; shopping for food, clothing, and other
essential items; performing household tasks integral to the personal care assistance services;
communication by telephone and other media; and traveling, including to medical
appointments and to participate in the community.new text begin For purposes of this paragraph, traveling
includes driving and accompanying the recipient in the recipient's chosen mode of
transportation and according to the recipient's personal care assistance care plan.
new text end

(j) "Managing employee" has the same definition as Code of Federal Regulations, title
42, section 455.

(k) "Qualified professional" means a professional providing supervision of personal care
assistance services and staff as defined in section 256B.0625, subdivision 19c.

(l) "Personal care assistance provider agency" means a medical assistance enrolled
provider that provides or assists with providing personal care assistance services and includes
a personal care assistance provider organization, personal care assistance choice agency,
class A licensed nursing agency, and Medicare-certified home health agency.

(m) "Personal care assistant" or "PCA" means an individual employed by a personal
care assistance agency who provides personal care assistance services.

(n) "Personal care assistance care plan" means a written description of personal care
assistance services developed by the personal care assistance provider according to the
service plan.

(o) "Responsible party" means an individual who is capable of providing the support
necessary to assist the recipient to live in the community.

(p) "Self-administered medication" means medication taken orally, by injection, nebulizer,
or insertion, or applied topically without the need for assistance.

(q) "Service plan" means a written summary of the assessment and description of the
services needed by the recipient.

(r) "Wages and benefits" means wages and salaries, the employer's share of FICA taxes,
Medicare taxes, state and federal unemployment taxes, workers' compensation, mileage
reimbursement, health and dental insurance, life insurance, disability insurance, long-term
care insurance, uniform allowance, and contributions to employee retirement accounts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective within 90 days following federal approval.
The commissioner of human services shall inform the revisor of statutes when federal
approval is obtained.
new text end

Sec. 5.

Minnesota Statutes 2020, section 256B.0659, subdivision 12, is amended to read:


Subd. 12.

Documentation of personal care assistance services provided.

(a) Personal
care assistance services for a recipient must be documented daily by each personal care
assistant, on a time sheet form approved by the commissioner. All documentation may be
web-based, electronic, or paper documentation. The completed form must be submitted on
a monthly basis to the provider and kept in the recipient's health record.

(b) The activity documentation must correspond to the personal care assistance care plan
and be reviewed by the qualified professional.

(c) The personal care assistant time sheet must be on a form approved by the
commissioner documenting time the personal care assistant provides services in the home.
The following criteria must be included in the time sheet:

(1) full name of personal care assistant and individual provider number;

(2) provider name and telephone numbers;

(3) full name of recipient and either the recipient's medical assistance identification
number or date of birth;

(4) consecutive dates, including month, day, and year, and arrival and departure times
with a.m. or p.m. notations;

(5) signatures of recipient or the responsible party;

(6) personal signature of the personal care assistant;

(7) any shared care provided, if applicable;

(8) a statement that it is a federal crime to provide false information on personal care
service billings for medical assistance payments; deleted text beginand
deleted text end

(9) dates and location of recipient stays in a hospital, care facility, or incarcerationnew text begin; and
new text end

new text begin (10) any time spent traveling, as described in subdivision 1, paragraph (i), including
start and stop times with a.m. and p.m. designations, the origination site, and the destination
site
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective within 90 days following federal approval.
The commissioner of human services shall inform the revisor of statutes when federal
approval is obtained.
new text end

Sec. 6.

Minnesota Statutes 2021 Supplement, section 256B.0659, subdivision 17a, is
amended to read:


Subd. 17a.

Enhanced rate.

new text begin(a) new text endAn enhanced rate deleted text beginof 107.5 percent of the rate paid for
personal care assistance services
deleted text end 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).new text begin The
commissioner shall determine the enhanced rate by applying the following sliding scale:
new text end

new text begin (1) for persons who qualify for ten to 18 hours of personal care services, the sliding
enhanced rate scale shall begin at 107.5 percent of the rate paid for personal care assistance
services and increase to 125 percent; and
new text end

new text begin (2) for persons who qualify for more than 18 hours of personal care services, the enhanced
rate shall be 125 percent of the rate paid for personal care assistance services.
new text end

new text begin (b)new text end 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.

Sec. 7.

Minnesota Statutes 2020, section 256B.0659, subdivision 19, is amended to read:


Subd. 19.

Personal care assistance choice option; qualifications; duties.

(a) Under
personal care assistance choice, the recipient or responsible party shall:

(1) recruit, hire, schedule, and terminate personal care assistants according to the terms
of the written agreement required under subdivision 20, paragraph (a);

(2) develop a personal care assistance care plan based on the assessed needs and
addressing the health and safety of the recipient with the assistance of a qualified professional
as needed;

(3) orient and train the personal care assistant with assistance as needed from the qualified
professional;

(4) deleted text begineffective January 1, 2010,deleted text end supervise and evaluate the personal care assistant with the
qualified professional, who is required to visit the recipient at least every 180 days;

(5) monitor and verify in writing and report to the personal care assistance choice agency
the number of hours worked by the personal care assistant and the qualified professional;

(6) engage in an annual face-to-face reassessment to determine continuing eligibility
and service authorization; deleted text beginand
deleted text end

(7) use the same personal care assistance choice provider agency if shared personal
assistance care is being usednew text begin; and
new text end

new text begin (8) ensure that a personal care assistant driving the recipient under subdivision 1,
paragraph (i), has a valid driver's license and the vehicle used is registered and insured
according to Minnesota law
new text end.

(b) The personal care assistance choice provider agency shall:

(1) meet all personal care assistance provider agency standards;

(2) enter into a written agreement with the recipient, responsible party, and personal
care assistants;

(3) not be related as a parent, child, sibling, or spouse to the recipient or the personal
care assistant; and

(4) ensure arm's-length transactions without undue influence or coercion with the recipient
and personal care assistant.

(c) The duties of the personal care assistance choice provider agency are to:

(1) be the employer of the personal care assistant and the qualified professional for
employment law and related regulations including, but not limited to, purchasing and
maintaining workers' compensation, unemployment insurance, surety and fidelity bonds,
and liability insurance, and submit any or all necessary documentation including, but not
limited to, workers' compensation, unemployment insurance, and labor market data required
under section 256B.4912, subdivision 1a;

(2) bill the medical assistance program for personal care assistance services and qualified
professional services;

(3) request and complete background studies that comply with the requirements for
personal care assistants and qualified professionals;

(4) pay the personal care assistant and qualified professional based on actual hours of
services provided;

(5) withhold and pay all applicable federal and state taxes;

(6) verify and keep records of hours worked by the personal care assistant and qualified
professional;

(7) make the arrangements and pay taxes and other benefits, if any, and comply with
any legal requirements for a Minnesota employer;

(8) enroll in the medical assistance program as a personal care assistance choice agency;
and

(9) enter into a written agreement as specified in subdivision 20 before services are
provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective within 90 days following federal approval.
The commissioner of human services shall inform the revisor of statutes when federal
approval is obtained.
new text end

Sec. 8.

Minnesota Statutes 2020, 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; deleted text beginand
deleted text end

(16) document that the agency uses the additional revenue due to the enhanced rate under
subdivision 17a for the wages and benefits of the PCAs whose services meet the requirements
under subdivision 11, paragraph (d)new text begin; and
new text end

new text begin (17) ensure that a personal care assistant driving a recipient under subdivision 1,
paragraph (i), has a valid driver's license and the vehicle used is registered and insured
according to Minnesota law
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective within 90 days following federal approval.
The commissioner of human services shall inform the revisor of statutes when federal
approval is obtained.
new text end

Sec. 9.

Minnesota Statutes 2021 Supplement, section 256B.49, subdivision 28, is amended
to read:


Subd. 28.

Customized living moratorium for brain injury and community access
for disability inclusion waivers.

(a) Notwithstanding section 245A.03, subdivision 2,
paragraph (a), clause (23), to prevent new development of customized living settings that
otherwise meet the residential program definition under section 245A.02, subdivision 14,
the commissioner shall not enroll new customized living settings serving four or fewer
people in a single-family home to deliver customized living services as defined under the
brain injury or community access for disability inclusion waiver plans under this section.

(b) The commissioner may approve an exception to paragraph (a) when an existing
customized living setting changes ownership at the same addressnew text begin or when the same owner
relocates the residential program to a new customized living setting
new text end.

(c) Customized living settings operational on or before June 30, 2021, are considered
existing customized living settings.

(d) For any new customized living settings serving four or fewer people in a single-family
home to deliver customized living services as defined in paragraph (a) and that was not
operational on or before June 30, 2021, the authorizing lead agency is financially responsible
for all home and community-based service payments in the setting.

(e) For purposes of this subdivision, "operational" means customized living services are
authorized and delivered to a person in the customized living setting.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 10.

new text begin [256B.4909] HOME AND COMMUNITY-BASED SERVICES;
HOMEMAKER RATES.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin (a) Notwithstanding any law to the contrary, the payment
methodologies for homemaker services defined in this section apply to those homemaker
services offered under:
new text end

new text begin (1) home and community-based services waivers under sections 256B.092 and 256B.49;
new text end

new text begin (2) alternative care under section 256B.0913;
new text end

new text begin (3) essential community supports under section 256B.0922; and
new text end

new text begin (4) elderly waiver, elderly waiver customized living, and elderly waiver foster care under
chapter 256S.
new text end

new text begin (b) This section does not change existing waiver policies and procedures.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "homemaker services" means
homemaker services and assistance with personal care, homemaker services and cleaning,
and homemaker services and home management under chapter 256S and similar services
offered under home and community-based services waivers under sections 256B.092 and
256B.49, alternative care under section 256B.0913, and essential community supports under
section 256B.0922.
new text end

new text begin Subd. 3. new text end

new text begin Rate methodology. new text end

new text begin (a) Beginning January 1, 2023, the rate methodology for
each homemaker service must be determined under sections 256S.211, subdivision 1, and
256S.212 to 256S.215, as adjusted by paragraph (b).
new text end

new text begin (b) As applicable to this section, on November 1, 2024, based on the most recently
available wage data by standard occupational classification (SOC) from the Bureau of Labor
Statistics, the commissioner shall update for each homemaker service the base wage index
in section 256S.212, publish these updated values, and load them into the appropriate rate
system.
new text end

Sec. 11.

Minnesota Statutes 2020, section 256B.4911, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Services provided by parents and spouses. new text end

new text begin (a) Upon federal approval, this
subdivision limits medical assistance payments under the consumer-directed community
supports option for personal assistance services provided by a parent to the parent's minor
child or by a spouse. This subdivision applies to the consumer-directed community supports
option available under all of the following:
new text end

new text begin (1) alternative care program;
new text end

new text begin (2) brain injury waiver;
new text end

new text begin (3) community alternative care waiver;
new text end

new text begin (4) community access for disability inclusion waiver;
new text end

new text begin (5) developmental disabilities waiver;
new text end

new text begin (6) elderly waiver; and
new text end

new text begin (7) Minnesota senior health option.
new text end

new text begin (b) For the purposes of this subdivision, "parent" means a parent, stepparent, or legal
guardian of a minor.
new text end

new text begin (c) If multiple parents are providing personal assistance services to their minor child or
children, each parent may provide up to 40 hours of personal assistance services in any
seven-day period regardless of the number of children served. The total number of hours
of personal assistance services provided by all of the parents must not exceed 80 hours in
a seven-day period regardless of the number of children served.
new text end

new text begin (d) If only one parent is providing personal assistance services to a minor child or
children, the parent may provide up to 60 hours of personal assistance services in a seven-day
period regardless of the number of children served.
new text end

new text begin (e) If a spouse is providing personal assistance services, the spouse may provide up to
60 hours of personal assistance services in a seven-day period.
new text end

new text begin (f) This subdivision must not be construed to permit an increase in the total authorized
consumer-directed community supports budget for an individual.
new text end

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. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

Sec. 12.

Minnesota Statutes 2021 Supplement, section 256B.4914, subdivision 5, as
amended by Laws 2022, chapter 33, section 1, subdivision 5, is amended to read:


Subd. 5.

Base wage index; establishment and updates.

(a) The base wage index is
established to determine staffing costs associated with providing services to individuals
receiving home and community-based services. For purposes of calculating the base wage,
Minnesota-specific wages taken from job descriptions and standard occupational
classification (SOC) codes from the Bureau of Labor Statistics as defined in the Occupational
Handbook must be used.

(b) The commissioner shall update the base wage index in subdivision 5a, publish these
updated values, and load them into the rate management system as follows:

(1) on January 1, 2022, based on wage data by SOC from the Bureau of Labor Statistics
available as of December 31, 2019;

(2) new text beginon January 1, 2023, based on wage data by SOC from the Bureau of Labor Statistics
available as of December 31, 2020;
new text end

new text begin (3) new text endon deleted text beginNovember 1, 2024deleted text endnew text begin January 1, 2025new text end, based on wage data by SOC from the Bureau
of Labor Statistics available as of December 31, deleted text begin2021deleted text endnew text begin 2022new text end; and

deleted text begin (3)deleted text endnew text begin (4)new text end on deleted text beginJuly 1, 2026deleted text endnew text begin January 1, 2027new text end, and every two years thereafter, based on wage
data by SOC from the Bureau of Labor Statistics available deleted text begin30deleted text endnew text begin 24new text end months and one day prior
to the scheduled update.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 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. 13.

Minnesota Statutes 2020, section 256B.4914, subdivision 8, as amended by Laws
2022, chapter 33, section 1, subdivision 8, is amended to read:


Subd. 8.

Unit-based services with programming; component values and calculation
of payment rates.

(a) For the purpose of this section, unit-based services with programming
include employment exploration services, employment development services, employment
support services, individualized home supports with family training, individualized home
supports with training, and positive support services provided to an individual outside of
any service plan for a day program or residential support service.

(b) Component values for unit-based services with programming are:

(1) competitive workforce factor: 4.7 percent;

(2) supervisory span of control ratio: 11 percent;

(3) employee vacation, sick, and training allowance ratio: 8.71 percent;

(4) employee-related cost ratio: 23.6 percent;

(5) program plan support ratio: 15.5 percent;

(6) client programming and support ratio: 4.7 percent, updated as specified in subdivision
5b;

(7) general administrative support ratio: 13.25 percent;

(8) program-related expense ratio: 6.1 percent; and

(9) absence and utilization factor ratio: 3.9 percent.

(c) A unit of service for unit-based services with programming is 15 minutes.

(d) Payments for unit-based services with programming must be calculated as follows,
unless the services are reimbursed separately as part of a residential support services or day
program payment rate:

(1) determine the number of units of service to meet a recipient's needs;

(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 and 5a;

(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;

(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);

(5) multiply the number of direct staffing hours by the appropriate staff wage;

(6) multiply the number of direct staffing hours by the product of the supervisory span
of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);

(7) combine the results of clauses (5) and (6), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
rate;

(8) for program plan support, multiply the result of clause (7) by one plus the program
plan support ratio;

(9) for employee-related expenses, multiply the result of clause (8) by one plus the
employee-related cost ratio;

(10) for client programming and supports, multiply the result of clause (9) by one plus
the client programming and support ratio;

(11) this is the subtotal rate;

(12) sum the standard general administrative support ratio, the program-related expense
ratio, and the absence and utilization factor ratio;

(13) divide the result of clause (11) by one minus the result of clause (12). This is the
total payment amount;

(14) for services provided in a shared manner, divide the total payment in clause (13)
as follows:

(i) for employment exploration services, divide by the number of service recipients, not
to exceed five;

(ii) for employment support services, divide by the number of service recipients, not to
exceed six; and

(iii) for individualized home supports with training and individualized home supports
with family training, divide by the number of service recipients, not to exceed deleted text begintwodeleted text endnew text begin threenew text end;
and

(15) adjust the result of clause (14) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 14.

Minnesota Statutes 2020, section 256B.4914, subdivision 9, as amended by Laws
2022, chapter 33, section 1, subdivision 9, is amended to read:


Subd. 9.

Unit-based services without programming; component values and
calculation of payment rates.

(a) For the purposes of this section, unit-based services
without programming include individualized home supports without training and night
supervision provided to an individual outside of any service plan for a day program or
residential support service. Unit-based services without programming do not include respite.

(b) Component values for unit-based services without programming are:

(1) competitive workforce factor: 4.7 percent;

(2) supervisory span of control ratio: 11 percent;

(3) employee vacation, sick, and training allowance ratio: 8.71 percent;

(4) employee-related cost ratio: 23.6 percent;

(5) program plan support ratio: 7.0 percent;

(6) client programming and support ratio: 2.3 percent, updated as specified in subdivision
5b;

(7) general administrative support ratio: 13.25 percent;

(8) program-related expense ratio: 2.9 percent; and

(9) absence and utilization factor ratio: 3.9 percent.

(c) A unit of service for unit-based services without programming is 15 minutes.

(d) Payments for unit-based services without programming must be calculated as follows
unless the services are reimbursed separately as part of a residential support services or day
program payment rate:

(1) determine the number of units of service to meet a recipient's needs;

(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 to 5a;

(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;

(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);

(5) multiply the number of direct staffing hours by the appropriate staff wage;

(6) multiply the number of direct staffing hours by the product of the supervisory span
of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);

(7) combine the results of clauses (5) and (6), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
rate;

(8) for program plan support, multiply the result of clause (7) by one plus the program
plan support ratio;

(9) for employee-related expenses, multiply the result of clause (8) by one plus the
employee-related cost ratio;

(10) for client programming and supports, multiply the result of clause (9) by one plus
the client programming and support ratio;

(11) this is the subtotal rate;

(12) sum the standard general administrative support ratio, the program-related expense
ratio, and the absence and utilization factor ratio;

(13) divide the result of clause (11) by one minus the result of clause (12). This is the
total payment amount;

(14) for individualized home supports without training provided in a shared manner,
divide the total payment amount in clause (13) by the number of service recipients, not to
exceed deleted text begintwodeleted text endnew text begin threenew text end; and

(15) adjust the result of clause (14) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 15.

Minnesota Statutes 2020, section 256B.5012, is amended by adding a subdivision
to read:


new text begin Subd. 19. new text end

new text begin ICF/DD rate increase effective July 1, 2022. new text end

new text begin (a) Effective July 1, 2022, the
daily rate for a class A intermediate care facility for persons with developmental disabilities
is increased by $50.
new text end

new text begin (b) Effective July 1, 2022, the daily rate for a class B intermediate care facility for persons
with developmental disabilities is increased by $50.
new text end

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. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 16.

Minnesota Statutes 2020, section 256B.5012, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin ICF/DD minimum daily rates. new text end

new text begin (a) The minimum daily rate for a class A
intermediate care facility for persons with developmental disabilities is $300.
new text end

new text begin (b) The minimum daily rate for a class B intermediate care facility for persons with
developmental disabilities is $400.
new text end

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. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 17.

Minnesota Statutes 2021 Supplement, section 256B.85, subdivision 7, is amended
to read:


Subd. 7.

Community first services and supports; covered services.

Services and
supports covered under CFSS include:

(1) assistance to accomplish activities of daily living (ADLs), instrumental activities of
daily living (IADLs), and health-related procedures and tasks through hands-on assistance
to accomplish the task or constant supervision and cueing to accomplish the task;

(2) assistance to acquire, maintain, or enhance the skills necessary for the participant to
accomplish activities of daily living, instrumental activities of daily living, or health-related
tasks;

(3) expenditures for items, services, supports, environmental modifications, or goods,
including assistive technology. These expenditures must:

(i) relate to a need identified in a participant's CFSS service delivery plan; and

(ii) increase independence or substitute for human assistance, to the extent that
expenditures would otherwise be made for human assistance for the participant's assessed
needs;

(4) observation and redirection for behavior or symptoms where there is a need for
assistance;

(5) back-up systems or mechanisms, such as the use of pagers or other electronic devices,
to ensure continuity of the participant's services and supports;

(6) services provided by a consultation services provider as defined under subdivision
17, that is under contract with the department and enrolled as a Minnesota health care
program provider;

(7) services provided by an FMS provider as defined under subdivision 13a, that is an
enrolled provider with the department;

(8) CFSS services provided by a support worker who is a parent, stepparent, or legal
guardian of a participant under age 18, or who is the participant's spouse. deleted text beginThese support
workers shall not:
deleted text endnew text begin Covered services under this clause are subject to the limitations described
in subdivision 7b; and
new text end

deleted text begin (i) provide any medical assistance home and community-based services in excess of 40
hours per seven-day period regardless of the number of parents providing services,
combination of parents and spouses providing services, or number of children who receive
medical assistance services; and
deleted text end

deleted text begin (ii) have a wage that exceeds the current rate for a CFSS support worker including the
wage, benefits, and payroll taxes; and
deleted text end

(9) worker training and development services as described in subdivision 18a.

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. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 18.

Minnesota Statutes 2021 Supplement, section 256B.85, subdivision 7a, is amended
to read:


Subd. 7a.

Enhanced rate.

new text begin(a) new text endAn enhanced rate deleted text beginof 107.5 percent of the rate paid for
CFSS
deleted text end 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).new text begin The commissioner shall determine the enhanced rate by applying the
following sliding scale:
new text end

new text begin (1) for persons who qualify for ten to 18 hours of CFSS, the sliding enhanced rate scale
shall begin at 107.5 percent of the rate paid for CFSS and increase to 125 percent; and
new text end

new text begin (2) for persons who qualify for more than 18 hours of CFSS, the enhanced rate shall be
125 percent of the rate paid for CFSS.
new text end

new text begin (b)new text end 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.

Sec. 19.

Minnesota Statutes 2020, section 256B.85, is amended by adding a subdivision
to read:


new text begin Subd. 7b. new text end

new text begin Services provided by parents and spouses. new text end

new text begin (a) This subdivision applies to
services and supports described in subdivision 7, clause (8).
new text end

new text begin (b) If multiple parents are support workers providing CFSS services to their minor child
or children, each parent may provide up to 40 hours of medical assistance home and
community-based services in any seven-day period regardless of the number of children
served. The total number of hours of medical assistance home and community-based services
provided by all of the parents must not exceed 80 hours in a seven-day period regardless of
the number of children served.
new text end

new text begin (c) If only one parent is a support worker providing CFSS services to the parent's minor
child or children, the parent may provide up to 60 hours of medical assistance home and
community-based services in a seven-day period regardless of the number of children served.
new text end

new text begin (d) If a spouse is a support worker providing CFSS services, the spouse may provide up
to 60 hours of medical assistance home and community-based services in a seven-day period.
new text end

new text begin (e) Paragraphs (b) to (d) must not be construed to permit an increase in either the total
authorized service budget for an individual or the total number of authorized service units.
new text end

new text begin (f) A parent or spouse must not receive a wage that exceeds the current rate for a CFSS
support worker, including the wage, benefits, and payroll taxes.
new text end

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. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

Sec. 20.

Minnesota Statutes 2021 Supplement, section 256B.851, subdivision 5, is amended
to read:


Subd. 5.

Payment rates; component values.

(a) The commissioner must use the
following component values:

(1) employee vacation, sick, and training factor, 8.71 percent;

(2) employer taxes and workers' compensation factor, 11.56 percent;

(3) employee benefits factor, 12.04 percent;

(4) client programming and supports factor, 2.30 percent;

(5) program plan support factor, 7.00 percent;

(6) general business and administrative expenses factor, 13.25 percent;

(7) program administration expenses factor, 2.90 percent; and

(8) absence and utilization factor, 3.90 percent.

(b) For purposes of implementation, the commissioner shall use the following
implementation components:

(1) personal care assistance services and CFSS: deleted text begin75.45deleted text endnew text begin 83.5new text end percent;

(2) enhanced rate personal care assistance services and enhanced rate CFSS: deleted text begin75.45deleted text endnew text begin 83.5new text end
percent; and

(3) qualified professional services and CFSS worker training and development: deleted text begin75.45deleted text endnew text begin
83.5
new text end percent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or 60 days following
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. 21.

Minnesota Statutes 2020, section 256I.05, is amended by adding a subdivision
to read:


new text begin Subd. 1s. new text end

new text begin Supplemental rate; Douglas County. new text end

new text begin Notwithstanding the provisions in this
section, a county agency shall negotiate a supplemental rate for up to 20 beds in addition
to the rate specified in subdivision 1, not to exceed the maximum rate allowed under
subdivision 1a, including any legislatively authorized inflationary adjustments, for a housing
support provider located in Douglas County that operates two facilities and provides room
and board and supplementary services to adult males recovering from substance use disorder,
mental illness, or housing instability.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 22.

Laws 2014, chapter 312, article 27, section 75, is amended to read:


Sec. 75. PROVIDER RATE AND GRANT INCREASES EFFECTIVE JULY 1, 2014.

(a) The commissioner of human services shall increase reimbursement rates, grants,
allocations, individual limits, and rate limits, as applicable, by five percent for the rate period
beginning July 1, 2014, for services rendered on or after July 1, 2014. County or tribal
contracts for services, grants, and programs under paragraph (b) must be amended to pass
through these rate increases by September 1, 2014.

(b) The rate changes described in this section must be provided to:

(1) home and community-based waivered services for persons with developmental
disabilities, including consumer-directed community supports, under Minnesota Statutes,
section 256B.092;

(2) waivered services under community alternatives for disabled individuals, including
consumer-directed community supports, under Minnesota Statutes, section 256B.49;

(3) community alternative care waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;

(4) brain injury waivered services, including consumer-directed community supports,
under Minnesota Statutes, section 256B.49;

(5) home and community-based waivered services for the elderly under Minnesota
Statutes, section 256B.0915;

(6) nursing services and home health services under Minnesota Statutes, section
256B.0625, subdivision 6a;

(7) personal care services and qualified professional supervision of personal care services
under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;

(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
subdivision 7
;

(9) community first services and supports under Minnesota Statutes, section 256B.85;

(10) essential community supports under Minnesota Statutes, section 256B.0922;

(11) deleted text beginday training and habilitation services for adults with developmental disabilities
under Minnesota Statutes, sections 252.41 to 252.46, including the additional cost to counties
of the rate adjustments on day training and habilitation services, provided as a social service;
deleted text end

deleted text begin (12)deleted text end alternative care services under Minnesota Statutes, section 256B.0913;

deleted text begin (13)deleted text endnew text begin (12)new text end living skills training programs for persons with intractable epilepsy who need
assistance in the transition to independent living under Laws 1988, chapter 689;

deleted text begin (14)deleted text endnew text begin (13)new text end semi-independent living services (SILS) under Minnesota Statutes, section
252.275;

deleted text begin (15)deleted text endnew text begin (14)new text end consumer support grants under Minnesota Statutes, section 256.476;

deleted text begin (16)deleted text endnew text begin (15)new text end family support grants under Minnesota Statutes, section 252.32;

deleted text begin (17)deleted text endnew text begin (16)new text end housing access grants under Minnesota Statutes, section 256B.0658;

deleted text begin (18)deleted text endnew text begin (17)new text end self-advocacy grants under Laws 2009, chapter 101;

deleted text begin (19)deleted text endnew text begin (18)new text end technology grants under Laws 2009, chapter 79;

deleted text begin (20)deleted text endnew text begin (19)new text end aging grants under Minnesota Statutes, sections 256.975 to 256.977 and
256B.0917;

deleted text begin (21)deleted text endnew text begin (20)new text end deaf and hard-of-hearing grants, including community support services for
deaf and hard-of-hearing adults with mental illness who use or wish to use sign language
as their primary means of communication under Minnesota Statutes, section 256.01,
subdivision 2
;

deleted text begin (22)deleted text endnew text begin (21)new text end deaf and hard-of-hearing grants under Minnesota Statutes, sections 256C.233,
256C.25, and 256C.261;

deleted text begin (23)deleted text endnew text begin (22)new text end Disability Linkage Line grants under Minnesota Statutes, section 256.01,
subdivision 24
;

deleted text begin (24)deleted text endnew text begin (23)new text end transition initiative grants under Minnesota Statutes, section 256.478;

deleted text begin (25)deleted text endnew text begin (24)new text end employment support grants under Minnesota Statutes, section 256B.021,
subdivision 6
; and

deleted text begin (26)deleted text endnew text begin (25)new text end grants provided to people who are eligible for the Housing Opportunities for
Persons with AIDS program under Minnesota Statutes, section 256B.492.

(c) A managed care plan or county-based purchasing plan receiving state payments for
the services grants and programs in paragraph (b) must include these increases in their
payments to providers. To implement the rate increase in paragraph (a), capitation rates
paid by the commissioner to managed care plans and county-based purchasing plans under
Minnesota Statutes, section 256B.69, shall reflect a five percent increase for the services
and programs specified in paragraph (b) for the period beginning July 1, 2014.

(d) Counties shall increase the budget for each recipient of consumer-directed community
supports by the amount in paragraph (a) on July 1, 2014.

(e) To receive the rate increase described in this section, providers under paragraphs (a)
and (b) must submit to the commissioner documentation that identifies a quality improvement
project that the provider will implement by June 30, 2015. Documentation must be provided
in a format specified by the commissioner. Projects must:

(1) improve the quality of life of home and community-based services recipients in a
meaningful way;

(2) improve the quality of services in a measurable way; or

(3) deliver good quality service more efficiently while using the savings to enhance
services for the participants served.

Providers listed in paragraph (b), clauses (7), (9), (10), and deleted text begin(13)deleted text endnew text begin (12)new text end to deleted text begin(26)deleted text endnew text begin (25)new text end, are not
subject to this requirement.

(f) For a provider that fails to submit documentation described in paragraph (e) by a date
or in a format specified by the commissioner, the commissioner shall reduce the provider's
rate by one percent effective January 1, 2015.

(g) Providers that receive a rate increase under paragraph (a) shall use 80 percent of the
additional revenue to increase compensation-related costs for employees directly employed
by the program on or after July 1, 2014, except:

(1) persons employed in the central office of a corporation or entity that has an ownership
interest in the provider or exercises control over the provider; and

(2) persons paid by the provider under a management contract.

This requirement is subject to audit by the commissioner.

(h) Compensation-related costs include:

(1) wages and salaries;

(2) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment
taxes, workers' compensation, and mileage reimbursement;

(3) the employer's share of health and dental insurance, life insurance, disability insurance,
long-term care insurance, uniform allowance, pensions, and contributions to employee
retirement accounts; and

(4) other benefits provided and workforce needs, including the recruiting and training
of employees as specified in the distribution plan required under paragraph (m).

(i) For public employees under a collective bargaining agreement, the increase for wages
and benefits is available and pay rates must be increased only to the extent that the increases
comply with laws governing public employees' collective bargaining. Money received by
a provider for pay increases for public employees under paragraph (g) must be used only
for pay increases implemented between July 1, 2014, and August 1, 2014.

(j) For a provider that has employees that are represented by an exclusive bargaining
representative, the provider shall obtain a letter of acceptance of the distribution plan required
under paragraph (m), in regard to the members of the bargaining unit, signed by the exclusive
bargaining agent. Upon receipt of the letter of acceptance, the provider shall be deemed to
have met all the requirements of this section in regard to the members of the bargaining
unit. Upon request, the provider shall produce the letter of acceptance for the commissioner.

(k) The commissioner shall amend state grant contracts that include direct
personnel-related grant expenditures to include the allocation for the portion of the contract
related to employee compensation. Grant contracts for compensation-related services must
be amended to pass through these adjustments by September 1, 2014, and must be retroactive
to July 1, 2014.

(l) The Board on Aging and its area agencies on aging shall amend their grants that
include direct personnel-related grant expenditures to include the rate adjustment for the
portion of the grant related to employee compensation. Grants for compensation-related
services must be amended to pass through these adjustments by September 1, 2014, and
must be retroactive to July 1, 2014.

(m) A provider that receives a rate adjustment under paragraph (a) that is subject to
paragraph (g) shall prepare, and upon request submit to the commissioner, a distribution
plan that specifies the amount of money the provider expects to receive that is subject to
the requirements of paragraph (g), including how that money will be distributed to increase
compensation for employees. The commissioner may recover funds from a provider that
fails to comply with this requirement.

(n) By January 1, 2015, the provider shall post the distribution plan required under
paragraph (m) for a period of at least six weeks in an area of the provider's operation to
which all eligible employees have access and shall provide instructions for employees who
do not believe they have received the wage and other compensation-related increases
specified in the distribution plan. The instructions must include a mailing address, e-mail
address, and telephone number that the employee may use to contact the commissioner or
the commissioner's representative.

(o) For providers with rates established under Minnesota Statutes, section 256B.4914,
and with a historical rate established under Minnesota Statutes, section 256B.4913,
subdivision 4a
, paragraph (b), that is greater than the rate established under Minnesota
Statutes, section 256B.4914, the requirements in paragraph (g) must only apply to the portion
of the rate increase that exceeds the difference between the rate established under Minnesota
Statutes, section 256B.4914, and the banding value established under Minnesota Statutes,
section 256B.4913, subdivision 4a, paragraph (b).

Sec. 23.

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


Subdivision 1.

Total Appropriation

$
8,356,760,000
$
deleted text begin 9,803,181,000 deleted text end new text begin
9,802,370,000
new text end
Appropriations by Fund
2022
2023
General
7,295,463,000
deleted text begin 8,951,733,000 deleted text end new text begin
8,950,922,000
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.

Sec. 24.

Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 29,
is amended to read:


Subd. 29.

Grant Programs; Disabilities Grants

31,398,000
deleted text begin 31,010,000 deleted text end new text begin
30,199,000
new text end

(a) Training Stipends for Direct Support
Services Providers.
$1,000,000 in fiscal year
2022 is from the general fund for stipends for
individual providers of direct support services
as defined in Minnesota Statutes, section
256B.0711, subdivision 1. These stipends are
available to individual providers who have
completed designated voluntary trainings
made available through the State-Provider
Cooperation Committee formed by the State
of Minnesota and the Service Employees
International Union Healthcare Minnesota.
Any unspent appropriation in fiscal year 2022
is available in fiscal year 2023. This is a
onetime appropriation. This appropriation is
available only if the labor agreement between
the state of Minnesota and the Service
Employees International Union Healthcare
Minnesota under Minnesota Statutes, section
179A.54, is approved under Minnesota
Statutes, section 3.855.

(b) Parent-to-Parent Peer Support. $125,000
in fiscal year 2022 and $125,000 in fiscal year
2023 are from the general fund for a grant to
an alliance member of Parent to Parent USA
to support the alliance member's
parent-to-parent peer support program for
families of children with a disability or special
health care need.

(c) Self-Advocacy Grants. (1) $143,000 in
fiscal year 2022 and $143,000 in fiscal year
2023 are from the general fund for a grant
under Minnesota Statutes, section 256.477,
subdivision 1
.

(2) $105,000 in fiscal year 2022 and $105,000
in fiscal year 2023 are from the general fund
for subgrants under Minnesota Statutes,
section 256.477, subdivision 2.

(d) Minnesota Inclusion Initiative Grants.
$150,000 in fiscal year 2022 and $150,000 in
fiscal year 2023 are from the general fund for
grants under Minnesota Statutes, section
256.4772.

(e) Grants to Expand Access to Child Care
for Children with Disabilities.
$250,000 in
fiscal year 2022 and $250,000 in fiscal year
2023 are from the general fund for grants to
expand access to child care for children with
disabilities. This is a onetime appropriation.

(f) Parenting with a Disability Pilot Project.
The general fund base includes $1,000,000 in
fiscal year 2024 and $0 in fiscal year 2025 to
implement the parenting with a disability pilot
project.

(g) Base Level Adjustment. The general fund
base is deleted text begin$29,260,000deleted text endnew text begin $28,449,000new text end in fiscal year
2024 and deleted text begin$22,260,000deleted text endnew text begin $21,449,000new text end in fiscal
year 2025.

Sec. 25.

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


Sec. 14. TASK FORCE ON deleted text beginELIMINATINGdeleted text end SUBMINIMUM WAGES.

Subdivision 1.

Establishment; purpose.

The Task Force on deleted text beginEliminatingdeleted text end Subminimum
Wages is established to develop a plan and make recommendations to deleted text beginphase out payment
of subminimum wages to people with disabilities on or before August 1, 2025
deleted text endnew text begin promote
independence and increase opportunities for people with disabilities to earn competitive
wages
new text end.

Subd. 2.

Definitions.

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.

Subd. 3.

Membership.

(a) The task force consists of deleted text begin16deleted text endnew text begin 20new text end members, appointed as
follows:

(1) the commissioner of human services or a designee;

(2) the commissioner of labor and industry or a designee;

(3) the commissioner of education or a designee;

(4) the commissioner of employment and economic development or a designee;

(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;

(6) one member appointed by the Minnesota Disability Law Center;

(7) one member appointed by The Arc of Minnesota;

(8) deleted text beginthreedeleted text endnew text begin fournew text end members who are persons with disabilities appointed by the commissioner
of human services, at least one of whom deleted text beginmust bedeleted text endnew text begin isnew text end neurodiverse, deleted text beginanddeleted text end at least one of whom
deleted text begin must havedeleted text endnew text begin hasnew text end a significant physical disabilitynew text begin, and at least one of whom at the time of the
appointment is being paid a subminimum wage
new text end;

(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;

(10) one member appointed by the Minnesota Organization for Habilitation and
Rehabilitation;

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

(12) one member appointed by the State Rehabilitation Councilnew text begin; and
new text end

new text begin (13) three members who are parents or guardians of persons with disabilities appointed
by the commissioner of human services, at least one of whom is a parent or guardian of a
person who is neurodiverse, at least one of whom is a parent or guardian of a person with
a significant physical disability, and at least one of whom is a parent or guardian of a person
being paid a subminimum wage as of the date of the appointment
new text end.

(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.

Subd. 4.

Appointment deadline; first meeting; chair.

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.

Subd. 5.

Compensation.

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

Subd. 6.

Duties; plan and recommendations.

The task force shall:

(1) develop a plan to deleted text beginphase out the payment of subminimum wages to people with
disabilities by August 1, 2025
deleted text endnew text begin promote independence and increase opportunities for people
with disabilities to earn competitive wages
new text end;

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

(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;

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

(5) propose a plan to establish and evaluate benchmarks for measuring annual progress
toward deleted text begineliminatingdeleted text endnew text begin reducing reliance onnew text end subminimum wages;

(6) propose a plan to monitor and track outcomes of employees with disabilitiesnew text begin, including
those who transition to competitive employment
new text end;

(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;

(8) identify benefits to the state deleted text beginin eliminatingdeleted text endnew text begin of reducing reliance onnew text end subminimum
deleted text begin wage by August 1, 2025deleted text endnew text begin wagesnew text end;

(9) identify barriers to eliminating subminimum deleted text beginwage by August 1, 2025deleted text endnew text begin wagesnew text end, including
the cost of implementing and providing ongoing employment services, training, and support
for employees with disabilities deleted text beginanddeleted text endnew text begin,new text end the cost of paying minimum deleted text beginwagedeleted text endnew text begin wagesnew text end to employees
with disabilitiesnew text begin, and the potential impact on persons with disabilities who would be unable
to find sustainable employment in the absence of a subminimum wage or who would not
choose competitive employment
new text end;

(10) make recommendations to eliminate the barriers identified in clause (9); and

(11) identify and make recommendations for sustainable financial support, funding, and
resources for deleted text begineliminatingdeleted text endnew text begin reducing reliance onnew text end subminimum deleted text beginwage by August 1, 2025deleted text endnew text begin wagesnew text end.

Subd. 7.

Duties; 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 shift the providers' business
models away from paying waiver participants subminimum wages;

(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 shifting away
from paying employees with disabilities a subminimum wage; 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 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.

(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.

Subd. 8.

Report.

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 deleted text begineliminate by August 1, 2025, the payment of
subminimum wage
deleted text endnew text begin increase opportunities for people with disabilities to earn competitive
wages
new text end, 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.

Subd. 9.

Administrative support.

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

Subd. 10.

Expiration.

The task force shall conclude their duties and expire on March
31, 2024.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
commissioner of human services must make the additional appointments required under
this section within 30 days following final enactment.
new text end

Sec. 26.

Laws 2022, chapter 33, section 1, subdivision 3, is amended to read:


Subd. 3.

Applicable services.

Applicable services are those authorized under the state's
home and community-based services waivers under sections 256B.092 and 256B.49,
including the following, as defined in the federally approved home and community-based
services plan:

(1) 24-hour customized living;

(2) adult day services;

(3) adult day services bath;

(4) community residential services;

(5) customized living;

(6) day support services;

(7) employment development services;

(8) employment exploration services;

(9) employment support services;

(10) family residential services;

(11) individualized home supports;

(12) individualized home supports with family training;

(13) individualized home supports with training;

(14) integrated community supports;

(15) night supervision;

(16) positive support services;

(17) prevocational services;

(18) residential support services;

(19) deleted text beginrespite services;
deleted text end

deleted text begin (20)deleted text end transportation services; and

deleted text begin (21)deleted text endnew text begin (20)new text end other services as approved by the federal government in the state home and
community-based services waiver plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

Sec. 27.

Laws 2022, chapter 33, section 1, subdivision 4, is amended to read:


Subd. 4.

Data collection for rate determination.

(a) Rates for applicable home and
community-based waivered services, including customized rates under subdivision 12, are
set by the rates management system.

(b) Data and information in the rates management system must be used to calculate an
individual's rate.

(c) Service providers, with information from the coordinated service and support plan
and oversight by lead agencies, shall provide values and information needed to calculate
an individual's rate in the rates management system. The determination of service levels
must be part of a discussion with members of the support team as defined in section 245D.02,
subdivision 34
. This discussion must occur prior to the final establishment of each individual's
rate. The values and information include:

(1) shared staffing hours;

(2) individual staffing hours;

(3) direct registered nurse hours;

(4) direct licensed practical nurse hours;

(5) staffing ratios;

(6) information to document variable levels of service qualification for variable levels
of reimbursement in each framework;

(7) shared or individualized arrangements for unit-based services, including the staffing
ratio;

(8) number of trips and miles for transportation services; and

(9) service hours provided through monitoring technology.

(d) Updates to individual data must include:

(1) data for each individual that is updated annually when renewing service plans; and

(2) requests by individuals or lead agencies to update a rate whenever there is a change
in an individual's service needs, with accompanying documentation.

(e) Lead agencies shall review and approve all services reflecting each individual's needs,
and the values to calculate the final payment rate for services with variables under
subdivisions 6 to deleted text begin9adeleted text endnew text begin 9new text end for each individual. Lead agencies must notify the individual and the
service provider of the final agreed-upon values and rate, and provide information that is
identical to what was entered into the rates management system. If a value used was
mistakenly or erroneously entered and used to calculate a rate, a provider may petition lead
agencies to correct it. Lead agencies must respond to these requests. When responding to
the request, the lead agency must consider:

(1) meeting the health and welfare needs of the individual or individuals receiving
services by service site, identified in their coordinated service and support plan under section
245D.02, subdivision 4b, and any addendum under section 245D.02, subdivision 4c;

(2) meeting the requirements for staffing under subdivision 2, paragraphs (h), (n), and
(o); and meeting or exceeding the licensing standards for staffing required under section
245D.09, subdivision 1; and

(3) meeting the staffing ratio requirements under subdivision 2, paragraph (o), and
meeting or exceeding the licensing standards for staffing required under section 245D.31.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

Sec. 28.

Laws 2022, chapter 33, section 1, subdivision 5a, is amended to read:


Subd. 5a.

Base wage index; calculations.

The base wage index must be calculated as
follows:

(1) for supervisory staff, 100 percent of the median wage for community and social
services specialist (SOC code 21-1099), with the exception of the supervisor of positive
supports professional, positive supports analyst, and positive supports specialist, which is
100 percent of the median wage for clinical counseling and school psychologist (SOC code
19-3031);

(2) for registered nurse staff, 100 percent of the median wage for registered nurses (SOC
code 29-1141);

(3) for licensed practical nurse staff, 100 percent of the median wage for licensed practical
nurses (SOC code 29-2061);

(4) for residential asleep-overnight staff, the minimum wage in Minnesota for large
employers, with the exception of asleep-overnight staff for family residential services, which
is 36 percent of the minimum wage in Minnesota for large employers;

(5) for residential direct care staff, the sum of:

(i) 15 percent of the subtotal of 50 percent of the median wage for home health and
personal care aide (SOC code 31-1120); 30 percent of the median wage for nursing assistant
(SOC code 31-1131); and 20 percent of the median wage for social and human services
aide (SOC code 21-1093); and

(ii) 85 percent of the subtotal of 40 percent of the median wage for home health and
personal care aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant
(SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code
29-2053); and 20 percent of the median wage for social and human services aide (SOC code
21-1093);

(6) for adult day services staff, 70 percent of the median wage for nursing assistant (SOC
code 31-1131); and 30 percent of the median wage for home health and personal care aide
(SOC code 31-1120);

(7) for day support services staff and prevocational services staff, 20 percent of the
median wage for nursing assistant (SOC code 31-1131); 20 percent of the median wage for
psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social
and human services aide (SOC code 21-1093);

(8) for positive supports analyst staff, 100 percent of the median wage for substance
abuse, behavioral disorder, and mental health counselor (SOC code 21-1018);

(9) for positive supports professional staff, 100 percent of the median wage for clinical
counseling and school psychologist (SOC code 19-3031);

(10) for positive supports specialist staff, 100 percent of the median wage for psychiatric
technicians (SOC code 29-2053);

(11) for individualized home supports with family training staff, 20 percent of the median
wage for nursing aide (SOC code 31-1131); 30 percent of the median wage for community
social service specialist (SOC code 21-1099); 40 percent of the median wage for social and
human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric
technician (SOC code 29-2053);

(12) for individualized home supports with training services staff, 40 percent of the
median wage for community social service specialist (SOC code 21-1099); 50 percent of
the median wage for social and human services aide (SOC code 21-1093); and ten percent
of the median wage for psychiatric technician (SOC code 29-2053);

(13) for employment support services staff, 50 percent of the median wage for
rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for
community and social services specialist (SOC code 21-1099);

(14) for employment exploration services staff, 50 percent of the median wage for
deleted text begin rehabilitation counselor (SOC code 21-1015)deleted text endnew text begin education, guidance, school, and vocational
counselors (SOC code 21-1012)
new text end; and 50 percent of the median wage for community and
social services specialist (SOC code 21-1099);

(15) for employment development services staff, 50 percent of the median wage for
education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent
of the median wage for community and social services specialist (SOC code 21-1099);

(16) for individualized home support without training staff, 50 percent of the median
wage for home health and personal care aide (SOC code 31-1120); and 50 percent of the
median wage for nursing assistant (SOC code 31-1131);new text begin and
new text end

(17) for night supervision staff, 40 percent of the median wage for home health and
personal care aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant
(SOC code 31-1131); 20 percent of the median wage for psychiatric technician (SOC code
29-2053); and 20 percent of the median wage for social and human services aide (SOC code
21-1093)deleted text begin; and
deleted text end

deleted text begin (18) for respite staff, 50 percent of the median wage for home health and personal care
aide (SOC code 31-1131); and 50 percent of the median wage for nursing assistant (SOC
code 31-1014)
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

Sec. 29.

Laws 2022, chapter 33, section 1, subdivision 5b, is amended to read:


Subd. 5b.

Standard component value adjustments.

The commissioner shall update
the client and programming support, transportation, and program facility cost component
values as required in subdivisions 6 to deleted text begin9adeleted text endnew text begin 9new text end for changes in the Consumer Price Index. The
commissioner shall adjust these values higher or lower, publish these updated values, and
load them into the rate management system as follows:

(1) on January 1, 2022, by the percentage change in the CPI-U from the date of the
previous update to the data available on December 31, 2019;

(2) new text beginon January 1, 2023, by the percentage change in the CPI-U from the date of previous
update to the data available on December 31, 2021;
new text end

new text begin (3) new text endon deleted text beginNovember 1, 2024deleted text endnew text begin January 1, 2025new text end, by the percentage change in the CPI-U from
the date of the previous update to the data available as of December 31, deleted text begin2021deleted text endnew text begin 2023new text end; and

deleted text begin (3)deleted text endnew text begin (4)new text end on deleted text beginJuly 1, 2026deleted text endnew text begin January 1, 2027new text end, and every two years thereafter, by the percentage
change in the CPI-U from the date of the previous update to the data available deleted text begin30deleted text endnew text begin 12new text end months
and one day prior to the scheduled update.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 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. 30.

Laws 2022, chapter 33, section 1, subdivision 5c, is amended to read:


Subd. 5c.

Removal of after-framework adjustments.

Any rate adjustments applied to
the service rates calculated under this section outside of the cost components and rate
methodology specified in this section shall be removed from rate calculations upon
implementation of the updates under subdivisions 5 deleted text beginanddeleted text endnew text begin,new text end 5bnew text begin, and 5fnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 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. 31.

Laws 2022, chapter 33, section 1, subdivision 5d, is amended to read:


Subd. 5d.

Unavailable data for updates and adjustments.

If Bureau of Labor Statistics
occupational codes or Consumer Price Index items specified in subdivisions 5 deleted text beginordeleted text endnew text begin,new text end 5bnew text begin, or 5fnew text end
are unavailable in the future, the commissioner shall recommend to the legislature codes or
items to update and replace.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 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. 32.

Laws 2022, chapter 33, section 1, is amended by adding a subdivision to read:


new text begin Subd. 5f. new text end

new text begin Competitive workforce factor adjustments. new text end

new text begin (a) On January 1, 2023, and
every two years thereafter, the commissioner shall update the competitive workforce factor
to equal the differential between:
new text end

new text begin (1) the most recently available wage data by SOC code for the weighted average wage
for direct care staff for residential services and direct care staff for day services; and
new text end

new text begin (2) the most recently available wage data by SOC code of the weighted average wage
of comparable occupations.
new text end

new text begin (b) For each update of the competitive workforce factor, the update shall not decrease
the competitive workforce factor by more than 2.0. If the competitive workforce factor is
less than or equal to zero, then the competitive workforce factor is zero.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 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. 33.

Laws 2022, chapter 33, section 1, subdivision 10, is amended to read:


Subd. 10.

Evaluation of information and data.

(a) The commissioner shall, within
available resources, conduct research and gather data and information from existing state
systems or other outside sources on the following items:

(1) differences in the underlying cost to provide services and care across the state;

(2) mileage, vehicle type, lift requirements, incidents of individual and shared rides, and
units of transportation for all day services, which must be collected from providers using
the rate management worksheet and entered into the rates management system; and

(3) the distinct underlying costs for services provided by a license holder under sections
245D.05, 245D.06, 245D.07, 245D.071, 245D.081, and 245D.09, and for services provided
by a license holder certified under section 245D.33.

(b) The commissioner, in consultation with stakeholders, shall review and evaluate the
following values already in subdivisions 6 to deleted text begin9adeleted text endnew text begin 9new text end, or issues that impact all services, including,
but not limited to:

(1) values for transportation rates;

(2) values for services where monitoring technology replaces staff time;

(3) values for indirect services;

(4) values for nursing;

(5) values for the facility use rate in day services, and the weightings used in the day
service ratios and adjustments to those weightings;

(6) values for workers' compensation as part of employee-related expenses;

(7) values for unemployment insurance as part of employee-related expenses;

(8) direct care workforce labor market measures;

(9) any changes in state or federal law with a direct impact on the underlying cost of
providing home and community-based services;

(10) outcome measures, determined by the commissioner, for home and community-based
services rates determined under this section; and

(11) different competitive workforce factors by service, as determined under subdivision
10b.

(c) The commissioner shall report to the chairs and the ranking minority members of
the legislative committees and divisions with jurisdiction over health and human services
policy and finance with the information and data gathered under paragraphs (a) and (b) on
January 15, 2021, with a full report, and a full report once every four years thereafter.

(d) Beginning July 1, 2022, the commissioner shall renew analysis and implement
changes to the regional adjustment factors once every six years. Prior to implementation,
the commissioner shall consult with stakeholders on the methodology to calculate the
adjustment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

Sec. 34.

Laws 2022, chapter 33, section 1, subdivision 10a, is amended to read:


Subd. 10a.

Reporting and analysis of cost data.

(a) The commissioner must ensure
that wage values and component values in subdivisions 5 to deleted text begin9adeleted text endnew text begin 9new text end reflect the cost to provide
the service. As determined by the commissioner, in consultation with stakeholders identified
in subdivision 17, a provider enrolled to provide services with rates determined under this
section must submit requested cost data to the commissioner to support research on the cost
of providing services that have rates determined by the disability waiver rates system.
Requested cost data may include, but is not limited to:

(1) worker wage costs;

(2) benefits paid;

(3) supervisor wage costs;

(4) executive wage costs;

(5) vacation, sick, and training time paid;

(6) taxes, workers' compensation, and unemployment insurance costs paid;

(7) administrative costs paid;

(8) program costs paid;

(9) transportation costs paid;

(10) vacancy rates; and

(11) other data relating to costs required to provide services requested by the
commissioner.

(b) At least once in any five-year period, a provider must submit cost data for a fiscal
year that ended not more than 18 months prior to the submission date. The commissioner
shall provide each provider a 90-day notice prior to its submission due date. If a provider
fails to submit required reporting data, the commissioner shall provide notice to providers
that have not provided required data 30 days after the required submission date, and a second
notice for providers who have not provided required data 60 days after the required
submission date. The commissioner shall temporarily suspend payments to the provider if
cost data is not received 90 days after the required submission date. Withheld payments
shall be made once data is received by the commissioner.

(c) The commissioner shall conduct a random validation of data submitted under
paragraph (a) to ensure data accuracy.

(d) The commissioner shall analyze cost data submitted under paragraph (a) and, in
consultation with stakeholders identified in subdivision 17, may submit recommendations
on component values and inflationary factor adjustments to the chairs and ranking minority
members of the legislative committees with jurisdiction over human services once every
four years beginning January 1, 2021. The commissioner shall make recommendations in
conjunction with reports submitted to the legislature according to subdivision 10, paragraph
(c).

(e) The commissioner shall release cost data in an aggregate form, and cost data from
individual providers shall not be released except as provided for in current law.

(f) The commissioner, in consultation with stakeholders identified in subdivision 17,
shall develop and implement a process for providing training and technical assistance
necessary to support provider submission of cost documentation required under paragraph
(a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

Sec. 35.

Laws 2022, chapter 33, section 1, subdivision 10c, is amended to read:


Subd. 10c.

Reporting and analysis of competitive workforce factor.

(a) Beginning
February 1, deleted text begin2021deleted text endnew text begin 2024new text end, and every two years thereafter, the commissioner shall report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over health and human services policy and finance an analysis of the competitive
workforce factor.

(b) The report must include deleted text beginrecommendations to update the competitive workforce factor
using
deleted text end:

(1) the most recently available wage data by SOC code for the weighted average wage
for direct care staff for residential services and direct care staff for day services;

(2) the most recently available wage data by SOC code of the weighted average wage
of comparable occupations; and

(3) workforce data as required under subdivision 10b.

deleted text begin (c) The commissioner shall not recommend an increase or decrease of the competitive
workforce factor from the current value by more than two percentage points. If, after a
biennial analysis for the next report, the competitive workforce factor is less than or equal
to zero, the commissioner shall recommend a competitive workforce factor of zero.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 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. 36.

Laws 2022, chapter 33, section 1, subdivision 12, is amended to read:


Subd. 12.

Customization of rates for individuals.

(a) For persons determined to have
higher needs based on being deaf or hard-of-hearing, the direct-care costs must be increased
by an adjustment factor prior to calculating the rate under subdivisions 6 to deleted text begin9adeleted text endnew text begin 9new text end. The
customization rate with respect to deaf or hard-of-hearing persons shall be $2.50 per hour
for waiver recipients who meet the respective criteria as determined by the commissioner.

(b) For the purposes of this section, "deaf and hard-of-hearing" means:

(1) the person has a developmental disability and:

(i) an assessment score which indicates a hearing impairment that is severe or that the
person has no useful hearing;

(ii) an expressive communications score that indicates the person uses single signs or
gestures, uses an augmentative communication aid, or does not have functional
communication, or the person's expressive communications is unknown; and

(iii) a communication score which indicates the person comprehends signs, gestures,
and modeling prompts or does not comprehend verbal, visual, or gestural communication,
or that the person's receptive communication score is unknown; or

(2) the person receives long-term care services and has an assessment score that indicates
the person hears only very loud sounds, the person has no useful hearing, or a determination
cannot be made; and the person receives long-term care services and has an assessment that
indicates the person communicates needs with sign language, symbol board, written
messages, gestures, or an interpreter; communicates with inappropriate content, makes
garbled sounds or displays echolalia, or does not communicate needs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

Sec. 37.

Laws 2022, chapter 33, section 1, subdivision 14, is amended to read:


Subd. 14.

Exceptions.

(a) In a format prescribed by the commissioner, lead agencies
must identify individuals with exceptional needs that cannot be met under the disability
waiver rate system. The commissioner shall use that information to evaluate and, if necessary,
approve an alternative payment rate for those individuals. Whether granted, denied, or
modified, the commissioner shall respond to all exception requests in writing. The
commissioner shall include in the written response the basis for the action and provide
notification of the right to appeal under paragraph (h).

(b) Lead agencies must act on an exception request within 30 days and notify the initiator
of the request of their recommendation in writing. A lead agency shall submit all exception
requests along with its recommendation to the commissioner.

(c) An application for a rate exception may be submitted for the following criteria:

(1) an individual has service needs that cannot be met through additional units of service;

(2) an individual's rate determined under subdivisions 6 to deleted text begin9adeleted text endnew text begin 9new text end is so insufficient that it
has resulted in an individual receiving a notice of discharge from the individual's provider;
or

(3) an individual's service needs, including behavioral changes, require a level of service
which necessitates a change in provider or which requires the current provider to propose
service changes beyond those currently authorized.

(d) Exception requests must include the following information:

(1) the service needs required by each individual that are not accounted for in subdivisions
6 to deleted text begin9adeleted text endnew text begin 9new text end;

(2) the service rate requested and the difference from the rate determined in subdivisions
6 to deleted text begin9adeleted text endnew text begin 9new text end;

(3) a basis for the underlying costs used for the rate exception and any accompanying
documentation; and

(4) any contingencies for approval.

(e) Approved rate exceptions shall be managed within lead agency allocations under
sections 256B.092 and 256B.49.

(f) Individual disability waiver recipients, an interested party, or the license holder that
would receive the rate exception increase may request that a lead agency submit an exception
request. A lead agency that denies such a request shall notify the individual waiver recipient,
interested party, or license holder of its decision and the reasons for denying the request in
writing no later than 30 days after the request has been made and shall submit its denial to
the commissioner in accordance with paragraph (b). The reasons for the denial must be
based on the failure to meet the criteria in paragraph (c).

(g) The commissioner shall determine whether to approve or deny an exception request
no more than 30 days after receiving the request. If the commissioner denies the request,
the commissioner shall notify the lead agency and the individual disability waiver recipient,
the interested party, and the license holder in writing of the reasons for the denial.

(h) The individual disability waiver recipient may appeal any denial of an exception
request by either the lead agency or the commissioner, pursuant to sections 256.045 and
256.0451. When the denial of an exception request results in the proposed demission of a
waiver recipient from a residential or day habilitation program, the commissioner shall issue
a temporary stay of demission, when requested by the disability waiver recipient, consistent
with the provisions of section 256.045, subdivisions 4a and 6, paragraph (c). The temporary
stay shall remain in effect until the lead agency can provide an informed choice of
appropriate, alternative services to the disability waiver.

(i) Providers may petition lead agencies to update values that were entered incorrectly
or erroneously into the rate management system, based on past service level discussions
and determination in subdivision 4, without applying for a rate exception.

(j) The starting date for the rate exception will be the later of the date of the recipient's
change in support or the date of the request to the lead agency for an exception.

(k) The commissioner shall track all exception requests received and their dispositions.
The commissioner shall issue quarterly public exceptions statistical reports, including the
number of exception requests received and the numbers granted, denied, withdrawn, and
pending. The report shall include the average amount of time required to process exceptions.

(l) Approved rate exceptions remain in effect in all cases until an individual's needs
change as defined in paragraph (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

Sec. 38.

Laws 2022, chapter 40, section 6, is amended to read:


Sec. 6. COMMISSIONER OF HUMAN SERVICES; TEMPORARY STAFFING
POOLdeleted text begin; APPROPRIATIONdeleted text end.

(a) The commissioner of human services shall establish a temporary emergency staffing
pool for congregate settingsnew text begin and for providers of or recipients of home- and community-based
services
new text end experiencing staffing crises. Vendor contracts may include retention bonuses,
sign-on bonuses, and payment for hours on call. The commissioner may pay for necessary
training, travel, and lodging expenses of the temporary staff. Contracts for temporary staffing
executed under this section: (1) should minimize the recruitment away from providers'
current workforces; and (2) may not be executed with an individual until at least 30 days
since the individual was last employed in Minnesota by one of the types of facilitiesnew text begin,
providers, or individuals
new text end listed in paragraph (g).

(b) Temporary staff, at the request of the commissioner, may be deployed tonew text begin providers
of home- and community-based services, individual recipients of home- and
community-based services, and
new text end long-term care facilities and other congregate care residential
facilities and programs experiencing an emergency staffing crisis on or after the effective
date of this section. Temporary staff must be provided at no cost to thenew text begin provider, individual
recipient,
new text end facilitynew text begin,new text end or program receiving the temporary staff.

(c) Members of the temporary staffing pool under this section are not state employees.

(d) The commissioner must coordinate the activities under this section with any other
impacted state agencies, to appropriately prioritize locations to deploy contracted temporary
staff.

(e) The commissioner must give priority for deploying staff tonew text begin providers, individual
recipients,
new text end facilitiesnew text begin,new text end and programs with the most significant staffing crises and where, but
for this assistance, residentsnew text begin or service recipientsnew text end would be at significant risk of injury due
to the need to transfer to deleted text beginanotherdeleted text endnew text begin anew text end facility or a hospital for adequately staffed care.

(f) Anew text begin provider, individual recipient,new text end facilitynew text begin,new text end or program may seek onetime assistance
per settingnew text begin or individual service recipientnew text end from the temporary staffing pool only after thenew text begin
provider, individual recipient,
new text end facilitynew text begin,new text end or program has used all resources available to obtain
temporary staff but is unable to meet thenew text begin provider's, individual's,new text end facility'snew text begin,new text end or program's
temporary staffing needs. Anew text begin provider, individual,new text end facilitynew text begin,new text end or program may apply for
temporary staff for up to 21 days. Applicants must submit a proposed plan for ensuring
resident safety at the end of that time period.

(g)new text begin Providers, individuals,new text end facilitiesnew text begin,new text end and programs eligible to obtain temporary staff
from the temporary staffing pool include:

(1) nursing facilities;

(2) assisted living facilities;

(3) intermediate care facilities for persons with developmental disabilities;

(4) adult foster care deleted text beginordeleted text endnew text begin ,new text end community residential settingsnew text begin, or integrated community supports
settings
new text end;

(5) licensed substance use disorder treatment facilities;

(6) unlicensed county-based substance use disorder treatment facilities;

(7) licensed facilities for adults with mental illness;

(8) licensed detoxification programs;

(9) licensed withdrawal management programs;

(10) licensed children's residential facilities;

(11) licensed child foster residence settings;

(12) unlicensed, Tribal-certified facilities that perform functions similar to the licensed
facilities listed in this paragraph;

(13) boarding care homes;

(14) board and lodging establishments serving people with disabilities or disabling
conditions;

(15) board and lodging establishments with special services;

(16) supervised living facilities;

(17) supportive housing;

(18) sober homes;

(19) community-based halfway houses for people exiting the correctional system;

(20) shelters serving people experiencing homelessness;

(21) drop-in centers for people experiencing homelessness;

(22) homeless outreach services for unsheltered individuals;

(23) shelters for people experiencing domestic violence; deleted text beginand
deleted text end

(24) temporary isolation spaces for people who test positive for COVID-19new text begin;
new text end

new text begin (25) individuals who use consumer-directed community supports;
new text end

new text begin (26) individuals who use the personal care assistance choice program;
new text end

new text begin (27) personal care assistance provider agencies;
new text end

new text begin (28) individuals who use the community first services and supports budget model;
new text end

new text begin (29) agency-providers of community first services and supports; and
new text end

new text begin (30) providers of individualized home supportsnew text end.

(h) Notwithstanding Minnesota Statutes, chapter 16C, the commissioner may maintain,
extend, or renew contracts for temporary staffing entered into on or after September 1, 2020.
The commissioner may also enter into new contracts with eligible entities for temporary
staff deployed in the temporary staffing pool. The commissioner may use up to 6.5 percent
of this funding for the commissioner's costs related to administration of this program.

(i) The commissioner shall seek all allowable FEMA reimbursement for the costs of this
activity.

Sec. 39.

Laws 2022, chapter 40, section 7, is amended to read:


Sec. 7. APPROPRIATION; TEMPORARY STAFFING POOL.

deleted text begin $1,029,000deleted text endnew text begin $5,145,000new text end in fiscal year 2022 is appropriated from the general fund to the
commissioner of human services for the temporary staffing pool described in this act. This
is a onetime appropriation and is available until June 30, deleted text begin2022deleted text endnew text begin 2023new text end.

Sec. 40. new text beginPERSONAL CARE ASSISTANCE ENHANCED RATE FOR PERSONS
WHO USE CONSUMER-DIRECTED COMMUNITY SUPPORTS.
new text end

new text begin The commissioner of human services shall increase the annual budgets for participants
who use consumer-directed community supports under Minnesota Statutes, sections
256B.0913, subdivision 5, clause (17); 256B.092, subdivision 1b, paragraph (a), clause (4);
256B.49, subdivision 16, paragraph (c); and chapter 256S, by the percentage determined
under Minnesota Statutes, section 256B.85, subdivision 7a, for participants who are
determined by assessment to be eligible for ten or more hours of personal care assistance
services or community first services and supports per day when the participant uses direct
support services provided by a worker employed by the participant who has completed
training identified in Minnesota Statutes, section 256B.0659, subdivision 11, paragraph (d),
or 256B.85, subdivision 16, paragraph (e).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 41. new text beginRATE INCREASE FOR CERTAIN HOME CARE SERVICES.
new text end

new text begin (a) Effective January 1, 2023, or upon federal approval, whichever is later, the
commissioner of human services shall increase payment rates for home health aide visits
up to 14 percent from the rates in effect on December 31, 2022, not to exceed the calendar
year 2022 Medicare rate for this service. The commissioner must apply the annual rate
increases under Minnesota Statutes, section 256B.0653, subdivision 8, to the rates resulting
from the application of the rate increases under the prior sentence.
new text end

new text begin (b) Effective January 1, 2023, or upon federal approval, whichever is later, the
commissioner shall increase payment rates for respiratory therapy under Minnesota Rules,
part 9505.0295, subpart 2, item E, and for home health services and home care nursing
services under Minnesota Statutes, section 256B.0651, subdivision 2, clauses (1) to (3),
except home health aide visits, by equal percentages, unless an increase exceeds the calendar
year 2022 Medicare rate for a service. If an increase for one or more services would exceed
the Medicare rate for that service, the commissioner shall increase the other service rates
by a greater percentage. The value of the percentage increases under this paragraph must
be equivalent to a total three-year appropriation of $90,000,000 in fiscal years 2023 to 2025
minus the value of the three-year appropriation in fiscal years 2023 to 2025 for the increase
under paragraph (a) and after applying the annual rate increases under Minnesota Statutes,
sections 256B.0653, subdivision 8, and 256B.0654, subdivision 5.
new text end

Sec. 42. new text beginDIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
APPLICATION OF ICF/DD RATE INCREASES.
new text end

new text begin The commissioner of human services shall apply the rate increases under Minnesota
Statutes, section 256B.5012, subdivisions 19 and 20, as follows:
new text end

new text begin (1) apply Minnesota Statutes, section 256B.5012, subdivision 19; and
new text end

new text begin (2) apply any required rate increase as required under Minnesota Statutes, section
256B.5012, subdivision 20, to the results of clause (1).
new text end

Sec. 43. new text beginDIRECTION TO THE COMMISSIONER; DISABILITY WAIVER SHARED
SERVICES RATES.
new text end

new text begin The commissioner of human services shall provide a rate system for shared homemaker
services and shared chore services provided under Minnesota Statutes, sections 256B.092
and 256B.49. For two persons sharing services, the rate paid to a provider must not exceed
one and one-half times the rate paid for serving a single individual, and for three persons
sharing services, the rate paid to a provider must not exceed two times the rate paid for
serving a single individual. These rates apply only when all of the criteria for the shared
service have been met.
new text end

Sec. 44. new text beginDIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
LIFE-SHARING SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Recommendations required. new text end

new text begin The commissioner of human services shall
develop recommendations for establishing life sharing as a covered medical assistance
waiver service.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "life sharing" means a
relationship-based living arrangement between an adult with a disability and an individual
or family in which they share their lives and experiences while the adult with a disability
receives support from the individual or family using person-centered practices.
new text end

new text begin Subd. 3. new text end

new text begin Stakeholder engagement and consultation. new text end

new text begin (a) The commissioner must
proactively solicit participation in the development of the life-sharing medical assistance
service through a robust stakeholder engagement process that results in the inclusion of a
racially, culturally, and geographically diverse group of interested stakeholders from each
of the following groups:
new text end

new text begin (1) providers currently providing or interested in providing life-sharing services;
new text end

new text begin (2) people with disabilities accessing or interested in accessing life-sharing services;
new text end

new text begin (3) disability advocacy organizations; and
new text end

new text begin (4) lead agencies.
new text end

new text begin (b) The commissioner must proactively seek input into and assistance with the
development of recommendations for establishing the life-sharing service from interested
stakeholders.
new text end

new text begin (c) The commissioner must provide a method for the commissioner and interested
stakeholders to cofacilitate public meetings. The first meeting must occur before January
31, 2023. The commissioner must host the cofacilitated meetings at least monthly through
December 31, 2023. All meetings must be accessible to all interested stakeholders, recorded,
and posted online within one week of the meeting date.
new text end

new text begin Subd. 4. new text end

new text begin Required topics to be discussed during development of the
recommendations.
new text end

new text begin The commissioner and the interested stakeholders must discuss the
following topics:
new text end

new text begin (1) the distinction between life sharing and adult family foster care;
new text end

new text begin (2) successful life-sharing models used in other states;
new text end

new text begin (3) services and supports that could be included in a life-sharing service;
new text end

new text begin (4) potential barriers to providing or accessing life-sharing services;
new text end

new text begin (5) solutions to remove identified barriers to providing or accessing life-sharing services;
new text end

new text begin (6) potential medical assistance payment methodologies for life-sharing services;
new text end

new text begin (7) expanding awareness of the life-sharing model; and
new text end

new text begin (8) draft language for legislation necessary to define and implement life-sharing services.
new text end

new text begin Subd. 5. new text end

new text begin Report to the legislature. new text end

new text begin By December 31, 2023, the commissioner must
provide to the chairs and ranking minority members of the house of representatives and
senate committees and divisions with jurisdiction over direct care services a report
summarizing the discussions between the commissioner and the interested stakeholders and
the commissioner's recommendations. The report must also include any draft legislation
necessary to define and implement life-sharing services.
new text end

Sec. 45. new text beginDIRECTION TO COMMISSIONER OF HUMAN SERVICES; SHARED
SERVICES.
new text end

new text begin (a) By December 1, 2022, the commissioner of human services shall seek any necessary
changes to home and community-based services waiver plans regarding sharing services in
order to:
new text end

new text begin (1) permit shared services for more services, including chore, homemaker, and night
supervision;
new text end

new text begin (2) permit shared services for some services for higher ratios, including individualized
home supports without training, individualized home supports with training, and
individualized home supports with family training for a ratio of one staff person to three
recipients;
new text end

new text begin (3) ensure that individuals who are seeking to share services permitted under the waiver
plans in an own-home setting are not required to live in a licensed setting in order to share
services so long as all other requirements are met; and
new text end

new text begin (4) issue guidance for shared services, including:
new text end

new text begin (i) informed choice for all individuals sharing the services;
new text end

new text begin (ii) guidance for when multiple shared services by different providers occur in one home
and how lead agencies and individuals shall determine that shared service is appropriate to
meet the needs, health, and safety of each individual for whom the lead agency provides
case management or care coordination; and
new text end

new text begin (iii) guidance clarifying that an individual's decision to share services does not reduce
any determination of the individual's overall or assessed needs for services.
new text end

new text begin (b) The commissioner shall develop or provide guidance outlining:
new text end

new text begin (1) instructions for shared services support planning;
new text end

new text begin (2) person-centered approaches and informed choice in shared services support planning;
and
new text end

new text begin (3) required contents of shared services agreements.
new text end

new text begin (c) The commissioner shall seek and utilize stakeholder input for any proposed changes
to waiver plans and any shared services guidance.
new text end

Sec. 46. new text beginAPPROPRIATION; LIFE-SHARING SERVICES.
new text end

new text begin $125,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for engaging stakeholders and developing recommendations regarding
establishing a life-sharing service under the state's medical assistance disability waivers and
elderly waiver and initial implementation of a life-sharing service upon enactment of
authorizing legislation. The general fund base for this appropriation is $1,500,000 in fiscal
year 2024 and $1,500,000 in fiscal year 2025.
new text end

Sec. 47. new text beginAPPROPRIATION; MINNESOTA ASSOCIATION FOR VOLUNTEER
ADMINISTRATION.
new text end

new text begin $100,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for a grant to the Minnesota Association for Volunteer Administration
to administer needs-based volunteerism subgrants targeting underresourced nonprofit
organizations in greater Minnesota to support selected organizations' ongoing efforts to
address and minimize disparities in access to human services through increased volunteerism.
Successful subgrant applicants must demonstrate that the populations to be served by the
subgrantee are considered underserved or suffer from or are at risk of homelessness, hunger,
poverty, lack of access to health care, or deficits in education. The Minnesota Association
for Volunteer Administration shall give priority to organizations that are serving the needs
of vulnerable populations. By December 15, 2024, the Minnesota Association for Volunteer
Administration shall report data on outcomes from the subgrants and recommendations for
improving and sustaining volunteer efforts statewide to the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over human services.
new text end

Sec. 48. new text beginAPPROPRIATION; RESIDENTIAL SETTING CLOSURE PREVENTION
GRANTS.
new text end

new text begin $6,816,000 is appropriated from the general fund to the commissioner of human services
for the residential setting closure prevention grants under Minnesota Statutes, section
256.4795.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 49. new text beginAPPROPRIATION; SUPPLEMENTAL RATE TO DOUGLAS COUNTY
FACILITY.
new text end

new text begin $116,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for the rate increase described in Minnesota Statutes, section 256I.05,
subdivision 1s.
new text end

Sec. 50. new text beginREPEALER.
new text end

new text begin Laws 2022, chapter 33, section 1, subdivision 9a, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

ARTICLE 2

CONTINUING CARE FOR OLDER ADULTS

Section 1.

Minnesota Statutes 2020, section 144G.45, subdivision 7, is amended to read:


Subd. 7.

Variance or waiver.

(a) A facility may request that the commissioner grant a
variance or waiver from the provisions of this section or section 144G.81, subdivision 5. A
request for a waiver must be submitted to the commissioner in writing. Each request must
contain:

(1) the specific requirement for which the variance or waiver is requested;

(2) the reasons for the request;

(3) the alternative measures that will be taken if a variance or waiver is granted;

(4) the length of time for which the variance or waiver is requested; and

(5) other relevant information deemed necessary by the commissioner to properly evaluate
the request for the waiver.

(b) The decision to grant or deny a variance or waiver must be based on the
commissioner's evaluation of the following criteria:

(1) whether the waiver will adversely affect the health, treatment, comfort, safety, or
well-being of a resident;

(2) whether the alternative measures to be taken, if any, are equivalent to or superior to
those permitted under section 144G.81, subdivision 5; deleted text beginand
deleted text end

(3) whether compliance with the requirements would impose an undue burden on the
facilitynew text begin; and
new text end

new text begin (4) notwithstanding clauses (1) to (3), when an existing building is proposed to be
repurposed to meet a critical community need for additional assisted living facility capacity,
whether the waiver will adequately protect the health and safety of the residents
new text end.

(c) The commissioner must notify the facility in writing of the decision. If a variance or
waiver is granted, the notification must specify the period of time for which the variance
or waiver is effective and the alternative measures or conditions, if any, to be met by the
facility.

(d) Alternative measures or conditions attached to a variance or waiver have the force
and effect of this chapter and are subject to the issuance of correction orders and fines in
accordance with sections 144G.30, subdivision 7, and 144G.31. The amount of fines for a
violation of this subdivision is that specified for the specific requirement for which the
variance or waiver was requested.

(e) A request for renewal of a variance or waiver must be submitted in writing at least
45 days before its expiration date. Renewal requests must contain the information specified
in paragraph (b). A variance or waiver must be renewed by the commissioner if the facility
continues to satisfy the criteria in paragraph (a) and demonstrates compliance with the
alternative measures or conditions imposed at the time the original variance or waiver was
granted.

(f) The commissioner must deny, revoke, or refuse to renew a variance or waiver if it
is determined that the criteria in paragraph (a) are not met. The facility must be notified in
writing of the reasons for the decision and informed of the right to appeal the decision.

(g) A facility may contest the denial, revocation, or refusal to renew a variance or waiver
by requesting a contested case hearing under chapter 14. The facility must submit, within
15 days of the receipt of the commissioner's decision, a written request for a hearing. The
request for hearing must set forth in detail the reasons why the facility contends the decision
of the commissioner should be reversed or modified. At the hearing, the facility has the
burden of proving by a preponderance of the evidence that the facility satisfied the criteria
specified in paragraph (b), except in a proceeding challenging the revocation of a variance
or waiver.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 256R.02, subdivision 16, is amended to read:


Subd. 16.

Dietary costs.

"Dietary costs" means the costs for deleted text beginthe salaries and wages of
the dietary supervisor, dietitians, chefs, cooks, dishwashers, and other employees assigned
to the kitchen and dining room, and associated fringe benefits and payroll taxes. Dietary
costs also includes
deleted text end the salaries or fees of dietary consultants, dietary supplies, and food
preparation and serving.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 3.

Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision to
read:


new text begin Subd. 16a. new text end

new text begin Dietary labor costs. new text end

new text begin "Dietary labor costs" means the costs for the salaries
and wages of the dietary supervisor, dietitians, chefs, cooks, dishwashers, and other
employees assigned to the kitchen and dining room, and associated fringe benefits and
payroll taxes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 4.

Minnesota Statutes 2020, section 256R.02, subdivision 24, is amended to read:


Subd. 24.

Housekeeping costs.

"Housekeeping costs" means deleted text beginthe costs for the salaries
and wages of the housekeeping supervisor, housekeepers, and other cleaning employees
and associated fringe benefits and payroll taxes. It also includes
deleted text end the cost of housekeeping
supplies, including, but not limited to, cleaning and lavatory supplies and contract services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 5.

Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision to
read:


new text begin Subd. 24a. new text end

new text begin Housekeeping labor costs. new text end

new text begin "Housekeeping labor costs" means the costs for
the salaries and wages of the housekeeping supervisor, housekeepers, and other cleaning
employees, and associated fringe benefits and payroll taxes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 6.

Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision to
read:


new text begin Subd. 25b. new text end

new text begin Known cost change factor. new text end

new text begin "Known cost change factor" means 1.00 plus
the forecasted percentage change in the CPI-U index from July 1 of the reporting period to
July 1 of the rate year as determined by the national economic consultant used by the
commissioner of management and budget.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 7.

Minnesota Statutes 2020, section 256R.02, subdivision 26, is amended to read:


Subd. 26.

Laundry costs.

"Laundry costs" means the costs deleted text beginfor the salaries and wages
of the laundry supervisor and other laundry employees, associated fringe benefits, and
payroll taxes. It also includes the costs
deleted text end of linen and bedding, the laundering of resident
clothing, laundry supplies, and contract services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 8.

Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision to
read:


new text begin Subd. 26a. new text end

new text begin Laundry labor costs. new text end

new text begin "Laundry labor costs" means the costs for the salaries
and wages of the laundry supervisor and other laundry employees, and associated fringe
benefits and payroll taxes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 9.

Minnesota Statutes 2020, section 256R.02, subdivision 29, is amended to read:


Subd. 29.

Maintenance and plant operations costs.

"Maintenance and plant operations
costs" means deleted text beginthe costs for the salaries and wages of the maintenance supervisor, engineers,
heating-plant employees, and other maintenance employees and associated fringe benefits
and payroll taxes. It also includes
deleted text end identifiable costs for maintenance and operation of the
building and grounds, including, but not limited to, fuel, electricity, medical waste and
garbage removal, water, sewer, supplies, tools, and repairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 10.

Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision
to read:


new text begin Subd. 29a. new text end

new text begin Maintenance and plant operations labor costs. new text end

new text begin "Maintenance and plant
operations labor costs" means the costs for the salaries and wages of the maintenance
supervisor, engineers, heating-plant employees, and other maintenance employees, and
associated fringe benefits and payroll taxes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 11.

Minnesota Statutes 2020, section 256R.02, subdivision 34, is amended to read:


Subd. 34.

Other care-related costs.

"Other care-related costs" means the sum of activities
costs, other direct care costs, raw food costs,new text begin dietary labor costs, housekeeping labor costs,
laundry labor costs, maintenance and plant operations labor costs,
new text end therapy costs, and social
services costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 12.

Minnesota Statutes 2020, section 256R.23, subdivision 2, is amended to read:


Subd. 2.

Calculation of direct care cost per standardized day.

Each facility's direct
care cost per standardized day isnew text begin the product ofnew text end the facility's direct care costsnew text begin and the known
cost change factor,
new text end divided by the sum of the facility's standardized days. A facility's direct
care cost per standardized day is the facility's cost per day for direct care services associated
with a case mix index of 1.00.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 13.

Minnesota Statutes 2020, section 256R.23, subdivision 3, is amended to read:


Subd. 3.

Calculation of other care-related cost per resident day.

Each facility's other
care-related cost per resident day isnew text begin the product ofnew text end its other care-related costsnew text begin and the known
cost change factor
new text end, divided by the sum of the facility's resident days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 14.

Minnesota Statutes 2020, section 256R.24, subdivision 1, is amended to read:


Subdivision 1.

Determination of other operating cost per day.

Each facility's other
operating cost per day isnew text begin the product ofnew text end its other operating costsnew text begin and the known cost change
factor,
new text end divided by the sum of the facility's resident days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 15.

Minnesota Statutes 2020, section 256R.25, is amended to read:


256R.25 EXTERNAL FIXED COSTS PAYMENT RATE.

(a) The payment rate for external fixed costs is the sum of the amounts in paragraphs
(b) to (o).

(b) For a facility licensed as a nursing home, the portion related to the provider surcharge
under section 256.9657 is equal to $8.86 per resident day. For a facility licensed as both a
nursing home and a boarding care home, the portion related to the provider surcharge under
section 256.9657 is equal to $8.86 per resident day multiplied by the result of its number
of nursing home beds divided by its total number of licensed beds.

(c) The portion related to the licensure fee under section 144.122, paragraph (d), is the
amount of the fee divided by the sum of the facility's resident days.

(d) The portion related to development and education of resident and family advisory
councils under section 144A.33 is $5 per resident day divided by 365.

(e) The portion related to scholarships is determined under section 256R.37.

(f) The portion related to planned closure rate adjustments is as determined under section
256R.40, subdivision 5, and Minnesota Statutes 2010, section 256B.436.

(g) The portion related to consolidation rate adjustments shall be as determined under
section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d.

(h) The portion related to single-bed room incentives is as determined under section
256R.41.

(i) The portions related to real estate taxes, special assessments, and payments made in
lieu of real estate taxes directly identified or allocated to the nursing facility are the allowable
amounts divided by the sum of the facility's resident days. Allowable costs under this
paragraph for payments made by a nonprofit nursing facility that are in lieu of real estate
taxes shall not exceed the amount which the nursing facility would have paid to a city or
township and county for fire, police, sanitation services, and road maintenance costs had
real estate taxes been levied on that property for those purposes.

(j) The portion related to employer health insurance costs isnew text begin the product ofnew text end the allowable
costsnew text begin and the known cost change factor,new text end divided by the sum of the facility's resident days.

(k) The portion related to the Public Employees Retirement Association is the allowable
costs divided by the sum of the facility's resident days.

(l) The portion related to quality improvement incentive payment rate adjustments is
the amount determined under section 256R.39.

(m) The portion related to performance-based incentive payments is the amount
determined under section 256R.38.

(n) The portion related to special dietary needs is the amount determined under section
256R.51.

(o) The portion related to the rate adjustments for border city facilities is the amount
determined under section 256R.481.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the rate year beginning January 1,
2024, or upon federal approval, whichever occurs later. The commissioner of human services
shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 16.

Minnesota Statutes 2020, section 256S.16, is amended to read:


256S.16 AUTHORIZATION OF ELDERLY WAIVER SERVICES AND SERVICE
RATES.

new text begin Subdivision 1. new text end

new text begin Service rates; generally. new text end

A lead agency must use the service rates and
service rate limits published by the commissioner to authorize services.

new text begin Subd. 2. new text end

new text begin Shared services; rates. new text end

new text begin The commissioner shall provide a rate system for
shared homemaker services and shared chore services, based on homemaker rates for a
single individual under section 256S.215, subdivisions 9 to 11, and the chore rate for a
single individual under section 256S.215, subdivision 7. For two persons sharing services,
the rate paid to a provider must not exceed one and one-half times the rate paid for serving
a single individual, and for three persons sharing services, the rate paid to a provider must
not exceed two times the rate paid for serving a single individual. These rates apply only
when all of the criteria for the shared service have been met.
new text end

Sec. 17.

Minnesota Statutes 2020, section 256S.201, subdivision 3, is amended to read:


Subd. 3.

Customized living service rates.

The authorized rates for customized living
services and 24-hour customized living services must be based on the amount of component
services to be provided utilizing component rates established deleted text beginby the commissionerdeleted text endnew text begin in section
256S.215
new text end. Counties and tribes shall use tools issued by the commissioner to develop and
document customized living service plans and rates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever occurs later. The commissioner of human services shall inform the revisor of
statutes when federal approval is obtained.
new text end

Sec. 18.

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. 19.

Minnesota Statutes 2021 Supplement, section 256S.21, is amended to read:


256S.21 RATE SETTING; APPLICATION.

The payment methodologies in sections deleted text begin256S.2101deleted text endnew text begin 256S.211new text end to 256S.215 apply to
elderly waiver, elderly waiver customized living, and elderly waiver foster care under this
chapter; alternative care under section 256B.0913; essential community supports under
section 256B.0922; and community access for disability inclusion customized living and
brain injury customized living under section 256B.49.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever occurs later. The commissioner of human services shall inform the revisor of
statutes when federal approval is obtained.
new text end

Sec. 20.

Minnesota Statutes 2020, section 256S.213, subdivision 1, is amended to read:


Subdivision 1.

Payroll taxes and benefits factor.

The payroll taxes and benefits factor
is the sum of net payroll taxes and benefits, divided by the sum of all salaries for all nursing
facilities on the most recent and available cost report.new text begin The commissioner must update the
payroll tax and benefit factor each January 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever occurs later. The commissioner of human services shall inform the revisor of
statutes when federal approval is obtained.
new text end

Sec. 21. new text beginNURSING FACILITY FUNDING.
new text end

new text begin (a) Effective July 1, 2022, through December 31, 2024, the total payment rate for all
facilities reimbursed under this section shall be increased by an amount per resident day as
determined by the commissioner according to section 18.
new text end

new text begin (b) To be eligible to receive a payment under this section, a nursing facility must attest
to the commissioner of human services that the additional revenue will be used exclusively
to increase compensation-related costs for employees directly employed by the facility on
or after July 1, 2022, except:
new text end

new text begin (1) owners of the building and operation;
new text end

new text begin (2) persons employed in the central office of an entity that has any ownership interest
in the nursing facility or exercises control over the nursing facility; and
new text end

new text begin (3) persons paid by the nursing facility under a management or vendor contract.
new text end

new text begin (c) Contracted housekeeping, dietary, and laundry employees providing services on site
at the nursing facility are eligible for increases under this section as long as the agency that
employs them submits to the nursing facility proof of the costs of increases provided to
those employees that comply with paragraph (d).
new text end

new text begin (d) For purposes of this section, compensation-related costs include:
new text end

new text begin (1) permanent new increases to wages and salaries implemented after July 1, 2022, and
paid out to employees no later than December 31, 2024; and
new text end

new text begin (2) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment
taxes, PERA, workers' compensation, and pension and employee retirement accounts directly
associated with the wage and salary increases in clause (1), incurred and paid for no later
than December 31, 2024.
new text end

new text begin (e) No later than September 1, 2022, a facility that receives a rate increase under this
section must: (1) prepare a distribution plan that specifies the total amount of money the
facility expects to receive and how that money will be distributed to increase the allowable
wages and salaries in paragraphs (b) and (c); and (2) post the distribution plan and leave it
posted for a period of at least six months in an area of the facility to which all employees
have access. The posted distribution plan must include instructions for employees who
believe they have not received the compensation-related cost increases specified in paragraph
(d), and the plan must include the e-mail address and the telephone number that may be
used by the employee to contact the commissioner or the commissioner's representative. A
facility that receives a rate increase under this section must submit a copy of its distribution
plan to the commissioner by October 1, 2022.
new text end

new text begin (f) If the nursing facility expends less on new compensated-related costs than the amount
that was made available by this rate increase for that purpose, the amount of this rate
adjustment shall be reduced to equal the amount utilized by the facility for purposes
authorized under this section. If the facility fails to post the distribution plan in their facility
as required, fails to submit their distribution plan to the commissioner by the due date, or
uses these funds for unauthorized purposes, these rate increases must be treated as an
overpayment and subsequently recovered.
new text end

new text begin (g) The commissioner shall not treat payments received under this section as an applicable
credit for purposes of setting total payment rates under Minnesota Statutes, chapter 256R.
new text end

Sec. 22. new text beginDIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
NURSING FACILITY FUNDING.
new text end

new text begin The commissioner of human services shall determine the total payment rate increase
under section 17 by subtracting the value of the other costs in this act for fiscal years 2023
to 2025 from $225,000,000 and dividing the remainder by the number of forecasted resident
days from July 1, 2022, to December 31, 2024.
new text end

Sec. 23. 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

Sec. 24. new text beginDIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
PARTIAL YEAR RATE ADJUSTMENTS.
new text end

new text begin (a) On July 1, 2022, the commissioner shall update the base wage indices in Minnesota
Statutes, section 256S.212, based on the most recently available Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage data from the Bureau of Labor Statistics.
new text end

new text begin (b) On July 1, 2022, the commissioner shall update the payroll tax and benefit factor in
Minnesota Statutes, section 256S.213, subdivision 1, based on the most recently available
nursing facility cost report data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, or upon federal approval,
whichever occurs later. The commissioner of human services shall inform the revisor of
statutes when federal approval is obtained.
new text end

Sec. 25. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2021 Supplement, section 256S.2101, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, or upon federal approval,
whichever occurs later. The commissioner of human services shall inform the revisor of
statutes when federal approval is obtained.
new text end

ARTICLE 3

HEALTH CARE

Section 1.

Minnesota Statutes 2020, section 256B.057, subdivision 9, is amended to read:


Subd. 9.

Employed persons with disabilities.

(a) Medical assistance may be paid for
a person who is employed and who:

(1) but for excess earnings or assets, meets the definition of disabled under the
Supplemental Security Income program;

(2) meets the asset limits in paragraph (d); and

(3) pays a premium and other obligations under paragraph (e).

(b) For purposes of eligibility, there is a $65 earned income disregard. To be eligible
for medical assistance under this subdivision, a person must have more than $65 of earned
income. Earned income must have Medicare, Social Security, and applicable state and
federal taxes withheld. The person must document earned income tax withholding. Any
spousal income or assets shall be disregarded for purposes of eligibility and premium
determinations.

(c) After the month of enrollment, a person enrolled in medical assistance under this
subdivision who:

(1) is temporarily unable to work and without receipt of earned income due to a medical
condition, as verified by a physician, advanced practice registered nurse, or physician
assistant; or

(2) loses employment for reasons not attributable to the enrollee, and is without receipt
of earned income may retain eligibility for up to four consecutive months after the month
of job loss. To receive a four-month extension, enrollees must verify the medical condition
or provide notification of job loss. All other eligibility requirements must be met and the
enrollee must pay all calculated premium costs for continued eligibility.

(d) For purposes of determining eligibility under this subdivision, a person's assets must
not exceed $20,000, excluding:

(1) all assets excluded under section 256B.056;

(2) retirement accounts, including individual accounts, 401(k) plans, 403(b) plans, Keogh
plans, and pension plans;

(3) medical expense accounts set up through the person's employer; and

(4) spousal assets, including spouse's share of jointly held assets.

(e) All enrollees must pay a premium to be eligible for medical assistance under this
subdivision, except as provided under clause (5).

(1) An enrollee must pay deleted text beginthe greater of a $35 premium ordeleted text end the premium calculated deleted text beginbased
on
deleted text endnew text begin by applying the following sliding premium fee scale tonew text end the person's gross earned and
unearned income and the applicable family size deleted text beginusing a sliding fee scale established by the
commissioner, which begins at one percent of income at 100 percent of the federal poverty
guidelines and increases to 7.5 percent of income for those with incomes at or above 300
percent of the federal poverty guidelines.
deleted text endnew text begin:
new text end

new text begin (i) for households with income less than 200 percent of federal poverty guidelines, the
premium shall be zero percent of income;
new text end

new text begin (ii) for households with income from 200 to 250 percent of federal poverty guidelines,
the sliding premium fee scale shall begin at zero percent of income and increase to 2.5
percent;
new text end

new text begin (iii) for households with income from 250 to 300 percent of federal poverty guidelines,
the sliding premium fee scale shall begin at 2.5 percent of income and increase to 4.5 percent;
new text end

new text begin (iv) for households with income from 300 to 400 percent of federal poverty guidelines,
the sliding premium fee scale shall begin at 4.5 percent of income and increase to six percent;
new text end

new text begin (v) for households with income from 400 to 500 percent of federal poverty guidelines,
the sliding premium fee scale shall begin at six percent of income and increase to 7.5 percent;
and
new text end

new text begin (vi) for households with income greater than 500 percent of federal poverty guidelines,
the premium shall be 7.5 percent of income.
new text end

(2) Annual adjustments in the premium schedule based upon changes in the federal
poverty guidelines shall be effective for premiums due in July of each year.

(3) All enrollees who receive unearned income must pay one-half of one percent of
unearned income in addition to the premium amount, except as provided under clause (5).

(4) Increases in benefits under title II of the Social Security Act shall not be counted as
income for purposes of this subdivision until July 1 of each year.

(5) Effective July 1, 2009, American Indians are exempt from paying premiums as
required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42, section 447.50.

(f) A person's eligibility and premium shall be determined by the local county agency.
Premiums must be paid to the commissioner. All premiums are dedicated to the
commissioner.

(g) Any required premium shall be determined at application and redetermined at the
enrollee's six-month income review or when a change in income or household size is reported.
Enrollees must report any change in income or household size within ten days of when the
change occurs. A decreased premium resulting from a reported change in income or
household size shall be effective the first day of the next available billing month after the
change is reported. Except for changes occurring from annual cost-of-living increases, a
change resulting in an increased premium shall not affect the premium amount until the
next six-month review.

(h) Premium payment is due upon notification from the commissioner of the premium
amount required. Premiums may be paid in installments at the discretion of the commissioner.

(i) Nonpayment of the premium shall result in denial or termination of medical assistance
unless the person demonstrates good cause for nonpayment. "Good cause" means an excuse
for the enrollee's failure to pay the required premium when due because the circumstances
were beyond the enrollee's control or not reasonably foreseeable. The commissioner shall
determine whether good cause exists based on the weight of the supporting evidence
submitted by the enrollee to demonstrate good cause. Except when an installment agreement
is accepted by the commissioner, all persons disenrolled for nonpayment of a premium must
pay any past due premiums as well as current premiums due prior to being reenrolled.
Nonpayment shall include payment with a returned, refused, or dishonored instrument. The
commissioner may require a guaranteed form of payment as the only means to replace a
returned, refused, or dishonored instrument.

(j) For enrollees whose income does not exceed 200 percent of the federal poverty
guidelines and who are also enrolled in Medicare, the commissioner shall reimburse the
enrollee for Medicare Part B premiums under section 256B.0625, subdivision 15, paragraph
(a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 17, is
amended to read:


Subd. 17.

Transportation costs.

(a) "Nonemergency medical transportation service"
means motor vehicle transportation provided by a public or private person that serves
Minnesota health care program beneficiaries who do not require emergency ambulance
service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.

(b) Medical assistance covers medical transportation costs incurred solely for obtaining
emergency medical care or transportation costs incurred by eligible persons in obtaining
emergency or nonemergency medical care when paid directly to an ambulance company,
nonemergency medical transportation company, or other recognized providers of
transportation services. Medical transportation must be provided by:

(1) nonemergency medical transportation providers who meet the requirements of this
subdivision;

(2) ambulances, as defined in section 144E.001, subdivision 2;

(3) taxicabs that meet the requirements of this subdivision;

(4) public transit, as defined in section 174.22, subdivision 7; or

(5) not-for-hire vehicles, including volunteer drivers, as defined in section 65B.472,
subdivision 1, paragraph (h).

(c) Medical assistance covers nonemergency medical transportation provided by
nonemergency medical transportation providers enrolled in the Minnesota health care
programs. All nonemergency medical transportation providers must comply with the
operating standards for special transportation service as defined in sections 174.29 to 174.30
and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the
commissioner and reported on the claim as the individual who provided the service. All
nonemergency medical transportation providers shall bill for nonemergency medical
transportation services in accordance with Minnesota health care programs criteria. Publicly
operated transit systems, volunteers, and not-for-hire vehicles are exempt from the
requirements outlined in this paragraph.

(d) An organization may be terminated, denied, or suspended from enrollment if:

(1) the provider has not initiated background studies on the individuals specified in
section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or

(2) the provider has initiated background studies on the individuals specified in section
174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:

(i) the commissioner has sent the provider a notice that the individual has been
disqualified under section 245C.14; and

(ii) the individual has not received a disqualification set-aside specific to the special
transportation services provider under sections 245C.22 and 245C.23.

(e) The administrative agency of nonemergency medical transportation must:

(1) adhere to the policies defined by the commissioner in consultation with the
Nonemergency Medical Transportation Advisory Committee;

(2) pay nonemergency medical transportation providers for services provided to
Minnesota health care programs beneficiaries to obtain covered medical services;

(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled
trips, and number of trips by mode; and

(4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single
administrative structure assessment tool that meets the technical requirements established
by the commissioner, reconciles trip information with claims being submitted by providers,
and ensures prompt payment for nonemergency medical transportation services.

(f) Until the commissioner implements the single administrative structure and delivery
system under subdivision 18e, clients shall obtain their level-of-service certificate from the
commissioner or an entity approved by the commissioner that does not dispatch rides for
clients using modes of transportation under paragraph (i), clauses (4), (5), (6), and (7).

(g) The commissioner may use an order by the recipient's attending physician, advanced
practice registered nurse, or a medical or mental health professional to certify that the
recipient requires nonemergency medical transportation services. Nonemergency medical
transportation providers shall perform driver-assisted services for eligible individuals, when
appropriate. Driver-assisted service includes passenger pickup at and return to the individual's
residence or place of business, assistance with admittance of the individual to the medical
facility, and assistance in passenger securement or in securing of wheelchairs, child seats,
or stretchers in the vehicle.

Nonemergency medical transportation providers must take clients to the health care
provider using the most direct route, and must not exceed 30 miles for a trip to a primary
care provider or 60 miles for a trip to a specialty care provider, unless the client receives
authorization from the local agency.

Nonemergency medical transportation providers may not bill for separate base rates for
the continuation of a trip beyond the original destination. Nonemergency medical
transportation providers must maintain trip logs, which include pickup and drop-off times,
signed by the medical provider or client, whichever is deemed most appropriate, attesting
to mileage traveled to obtain covered medical services. Clients requesting client mileage
reimbursement must sign the trip log attesting mileage traveled to obtain covered medical
services.

(h) The administrative agency shall use the level of service process established by the
commissioner in consultation with the Nonemergency Medical Transportation Advisory
Committee to determine the client's most appropriate mode of transportation. If public transit
or a certified transportation provider is not available to provide the appropriate service mode
for the client, the client may receive a onetime service upgrade.

(i) The covered modes of transportation are:

(1) client reimbursement, which includes client mileage reimbursement provided to
clients who have their own transportation, or to family or an acquaintance who provides
transportation to the client;

(2) volunteer transport, which includes transportation by volunteers using their own
vehicle;

(3) unassisted transport, which includes transportation provided to a client by a taxicab
or public transit. If a taxicab or public transit is not available, the client can receive
transportation from another nonemergency medical transportation provider;

(4) assisted transport, which includes transport provided to clients who require assistance
by a nonemergency medical transportation provider;

(5) lift-equipped/ramp transport, which includes transport provided to a client who is
dependent on a device and requires a nonemergency medical transportation provider with
a vehicle containing a lift or ramp;

(6) protected transport, which includes transport provided to a client who has received
a prescreening that has deemed other forms of transportation inappropriate and who requires
a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety
locks, a video recorder, and a transparent thermoplastic partition between the passenger and
the vehicle driver; and (ii) who is certified as a protected transport provider; and

(7) stretcher transport, which includes transport for a client in a prone or supine position
and requires a nonemergency medical transportation provider with a vehicle that can transport
a client in a prone or supine position.

(j) The local agency shall be the single administrative agency and shall administer and
reimburse for modes defined in paragraph (i) according to paragraphs (m) and (n) when the
commissioner has developed, made available, and funded the web-based single administrative
structure, assessment tool, and level of need assessment under subdivision 18e. The local
agency's financial obligation is limited to funds provided by the state or federal government.

(k) The commissioner shall:

(1) in consultation with the Nonemergency Medical Transportation Advisory Committee,
verify that the mode and use of nonemergency medical transportation is appropriate;

(2) verify that the client is going to an approved medical appointment; and

(3) investigate all complaints and appeals.

(l) The administrative agency shall pay for the services provided in this subdivision and
seek reimbursement from the commissioner, if appropriate. As vendors of medical care,
local agencies are subject to the provisions in section 256B.041, the sanctions and monetary
recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.

(m) Payments for nonemergency medical transportation must be paid based on the client's
assessed mode under paragraph (h), not the type of vehicle used to provide the service. The
medical assistance reimbursement rates for nonemergency medical transportation services
that are payable by or on behalf of the commissioner for nonemergency medical
transportation services are:

(1) $0.22 per mile for client reimbursement;

(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer
transport;

(3) equivalent to the standard fare for unassisted transport when provided by public
transit, and $11 for the base rate and $1.30 per mile when provided by a nonemergency
medical transportation provider;

(4) $13 for the base rate and $1.30 per mile for assisted transport;

(5) $18 for the base rate and $1.55 per mile for lift-equipped/ramp transport;

(6) $75 for the base rate and $2.40 per mile for protected transport; and

(7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for
an additional attendant if deemed medically necessary.

(n) The base rate for nonemergency medical transportation services in areas defined
under RUCA to be super rural is equal to 111.3 percent of the respective base rate in
paragraph (m), clauses (1) to (7). The mileage rate for nonemergency medical transportation
services in areas defined under RUCA to be rural or super rural areas is:

(1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage
rate in paragraph (m), clauses (1) to (7); and

(2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage
rate in paragraph (m), clauses (1) to (7).

(o) For purposes of reimbursement rates for nonemergency medical transportation
services under paragraphs (m) and (n), the zip code of the recipient's place of residence
shall determine whether the urban, rural, or super rural reimbursement rate applies.

(p) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means
a census-tract based classification system under which a geographical area is determined
to be urban, rural, or super rural.

(q) The commissioner, when determining reimbursement rates for nonemergency medical
transportation under paragraphs (m) and (n), shall exempt all modes of transportation listed
under paragraph (i) from Minnesota Rules, part 9505.0445, item R, subitem (2).

new text begin (r) Effective for the first day of each calendar quarter, the commissioner shall adjust the
rate, up or down, paid per mile in paragraph (m) by one percent for every increase or decrease
of ten cents for the price of gasoline. The increase or decrease shall be calculated using a
base gasoline price of $3.00. The percentage increase or decrease shall be calculated using
the average of the most recently available price of all grades of gasoline for Minnesota as
posted publicly by the United States Energy Information Administration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 256B.0625, subdivision 17a, is amended to read:


Subd. 17a.

Payment for ambulance services.

(a) Medical assistance covers ambulance
services. Providers shall bill ambulance services according to Medicare criteria.
Nonemergency ambulance services shall not be paid as emergencies. Effective for services
rendered on or after July 1, 2001, medical assistance payments for ambulance services shall
be paid at the Medicare reimbursement rate or at the medical assistance payment rate in
effect on July 1, 2000, whichever is greater.

(b) Effective for services provided on or after July 1, 2016, medical assistance payment
rates for ambulance services identified in this paragraph are increased by five percent.
Capitation payments made to managed care plans and county-based purchasing plans for
ambulance services provided on or after January 1, 2017, shall be increased to reflect this
rate increase. The increased rate described in this paragraph applies to ambulance service
providers whose base of operations as defined in section 144E.10 is located:

(1) outside the metropolitan counties listed in section 473.121, subdivision 4, and outside
the cities of Duluth, Mankato, Moorhead, St. Cloud, and Rochester; or

(2) within a municipality with a population of less than 1,000.

new text begin (c) Effective for the first day of each calendar quarter, the commissioner shall adjust the
rate, up or down, paid per mile in paragraphs (a) and (b) by one percent for every increase
or decrease of ten cents for the price of gasoline. The increase or decrease shall be calculated
using a base gasoline price of $3.00. The percentage increase or decrease shall be calculated
using the average of the most recently available price of all grades of gasoline for Minnesota
as posted publicly by the United States Energy Information Administration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 4. new text beginDIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
NONEMERGENCY MEDICAL TRANSPORTATION RATES.
new text end

new text begin The commissioner shall increase the base rates and the mileage rates for nonemergency
medical transportation services under Minnesota Statutes, section 256B.0625, subdivision
17, paragraph (m), clauses (3) to (5), by equal percentages that are equivalent to a total
three-year appropriation of $18,000,000 in fiscal years 2023 to 2025.
new text end

ARTICLE 4

BEHAVIORAL HEALTH

Section 1.

Minnesota Statutes 2020, section 13.46, subdivision 7, is amended to read:


Subd. 7.

Mental health data.

(a) Mental health data are private data on individuals and
shall not be disclosed, except:

(1) pursuant to section 13.05, as determined by the responsible authority for the
community mental health center, mental health division, or provider;

(2) pursuant to court order;

(3) pursuant to a statute specifically authorizing access to or disclosure of mental health
data or as otherwise provided by this subdivision;

(4) to personnel of the welfare system working in the same program or providing services
to the same individual or family to the extent necessary to coordinate services, provided
that a health record may be disclosed only as provided under section 144.293;

(5) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services; or

(6) with the consent of the client or patient.

(b) An agency of the welfare system may not require an individual to consent to the
release of mental health data as a condition for receiving services or for reimbursing a
community mental health center, mental health division of a county, or provider under
contract to deliver mental health services.

(c) Notwithstanding section 245.69, subdivision 2, paragraph (f), or any other law to the
contrary, deleted text beginthe responsible authority fordeleted text end a community mental health center, mental health
division of a county, or a mental health provider must disclose mental health data to a law
enforcement agency if the law enforcement agency provides the name of a client or patient
and communicates that the:

(1) client or patient is currently involved in deleted text beginan emergency interaction withdeleted text endnew text begin a mental
health crisis as defined in section 256B.0624, subdivision 2, paragraph (j), to which
new text end the law
enforcement agencynew text begin has respondednew text end; and

(2) data is necessary to protect the health or safety of the client or patient or of another
person.

The scope of disclosure under this paragraph is limited to the minimum necessary for
law enforcement to new text beginsafely new text endrespond to the deleted text beginemergencydeleted text endnew text begin mental health crisisnew text end. Disclosure under
this paragraph may includedeleted text begin, but is not limited to,deleted text end the name and telephone number of the
psychiatrist, psychologist, therapist, mental health professional, practitioner, or case manager
of the client or patientnew text begin, if known; and strategies to address the mental health crisisnew text end. A law
enforcement agency that obtains mental health data under this paragraph shall maintain a
record of the requestor, the provider of the deleted text begininformationdeleted text endnew text begin datanew text end, and the client or patient name.
Mental health data obtained by a law enforcement agency under this paragraph are private
data on individuals and must not be used by the law enforcement agency for any other
purpose. A law enforcement agency that obtains mental health data under this paragraph
shall inform the subject of the data that mental health data was obtained.

(d) In the event of a request under paragraph (a), clause (6), a community mental health
center, county mental health division, or provider must release mental health data to Criminal
Mental Health Court personnel in advance of receiving a copy of a consent if the Criminal
Mental Health Court personnel communicate that the:

(1) client or patient is a defendant in a criminal case pending in the district court;

(2) data being requested is limited to information that is necessary to assess whether the
defendant is eligible for participation in the Criminal Mental Health Court; and

(3) client or patient has consented to the release of the mental health data and a copy of
the consent will be provided to the community mental health center, county mental health
division, or provider within 72 hours of the release of the data.

For purposes of this paragraph, "Criminal Mental Health Court" refers to a specialty
criminal calendar of the Hennepin County District Court for defendants with mental illness
and brain injury where a primary goal of the calendar is to assess the treatment needs of the
defendants and to incorporate those treatment needs into voluntary case disposition plans.
The data released pursuant to this paragraph may be used for the sole purpose of determining
whether the person is eligible for participation in mental health court. This paragraph does
not in any way limit or otherwise extend the rights of the court to obtain the release of mental
health data pursuant to court order or any other means allowed by law.

Sec. 2.

Minnesota Statutes 2021 Supplement, section 15.01, is amended to read:


15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture;new text begin the Department of Behavioral
Health;
new text end the Department of Commerce; the Department of Corrections; the Department of
Education; the Department of Employment and Economic Development; the Department
of Health; the Department of Human Rights; the Department of Information Technology
Services; the Department of Iron Range Resources and Rehabilitation; the Department of
Labor and Industry; the Department of Management and Budget; the Department of Military
Affairs; the Department of Natural Resources; the Department of Public Safety; the
Department of Human Services; the Department of Revenue; the Department of
Transportation; the Department of Veterans Affairs; and their successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2021 Supplement, section 15.06, subdivision 1, is amended to
read:


Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administration, Agriculture,new text begin Behavioral Health,new text end Commerce,
Corrections, Education, Employment and Economic Development, Health, Human Rights,
Labor and Industry, Management and Budget, Natural Resources, Public Safety, Human
Services, Revenue, Transportation, and Veterans Affairs; the Housing Finance and Pollution
Control Agencies; the Office of Commissioner of Iron Range Resources and Rehabilitation;
the Department of Information Technology Services; the Bureau of Mediation Services;
and their successor departments and agencies. The heads of the foregoing departments or
agencies are "commissioners."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 4.

Minnesota Statutes 2020, section 15A.0815, subdivision 2, is amended to read:


Subd. 2.

Group I salary limits.

The salary for a position listed in this subdivision shall
not exceed 133 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:

Commissioner of administration;

Commissioner of agriculture;

new text begin Commissioner of behavioral health;
new text end

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 5.

Minnesota Statutes 2021 Supplement, section 43A.08, subdivision 1a, is amended
to read:


Subd. 1a.

Additional unclassified positions.

Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture;new text begin Behavioral Health;new text end Commerce; Corrections;
Education; Employment and Economic Development; Explore Minnesota Tourism;
Management and Budget; Health; Human Rights; Labor and Industry; Natural Resources;
Public Safety; Human Services; Revenue; Transportation; and Veterans Affairs; the Housing
Finance and Pollution Control Agencies; the State Lottery; the State Board of Investment;
the Office of Administrative Hearings; the Department of Information Technology Services;
the Offices of the Attorney General, Secretary of State, and State Auditor; the Minnesota
State Colleges and Universities; the Minnesota Office of Higher Education; the Perpich
Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating specifically
to that agency;

(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant to the
agency head; and

(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 6.

Minnesota Statutes 2020, section 144.294, subdivision 2, is amended to read:


Subd. 2.

Disclosure to law enforcement agency.

Notwithstanding section 144.293,
subdivisions 2 and 4, a provider must disclose health records relating to a patient's mental
health to a law enforcement agency if the law enforcement agency provides the name of
the patient and communicates that the:

(1) patient is currently involved in deleted text beginan emergency interaction withdeleted text endnew text begin a mental health crisis
as defined in section 256B.0624, subdivision 2, paragraph (j), to which
new text end the law enforcement
agencynew text begin has respondednew text end; and

(2) disclosure of the records is necessary to protect the health or safety of the patient or
of another person.

The scope of disclosure under this subdivision is limited to the minimum necessary for
law enforcement to new text beginsafely new text endrespond to the deleted text beginemergencydeleted text endnew text begin mental health crisisnew text end. new text beginThe disclosure
may include the name and telephone number of the psychiatrist, psychologist, therapist,
mental health professional, practitioner, or case manager of the patient, if known; and
strategies to address the mental health crisis.
new text endA law enforcement agency that obtains health
records under this subdivision shall maintain a record of the requestor, the provider of the
information, and the patient's name. Health records obtained by a law enforcement agency
under this subdivision are private data on individuals as defined in section 13.02, subdivision
12, and must not be used by law enforcement for any other purpose.new text begin A law enforcement
agency that obtains health records under this subdivision shall inform the patient that health
records were obtained.
new text end

Sec. 7.

new text begin [256T.01] DEPARTMENT OF BEHAVIORAL HEALTH.
new text end

new text begin The Department of Behavioral Health is created. The governor shall appoint the
commissioner of behavioral health under section 15.06. The commissioner shall administer:
new text end

new text begin (1) the behavioral health services under medical assistance program under chapters 256
and 256B;
new text end

new text begin (2) the behavioral health services under MinnesotaCare program under chapter 256L;
new text end

new text begin (3) mental health and chemical dependency services under chapters 245, 245G, 253C,
254A, and 254B; and
new text end

new text begin (4) behavioral health quality, behavioral health analysis, behavioral health economics,
and related data collection initiatives under chapters 62J, 62U, and 144.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 8.

new text begin [256T.02] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer under this chapter.
new text end

new text begin (b) The commissioner of administration, with the approval of the governor, may issue
reorganization orders under section 16B.37 as necessary to carry out the transfer of duties
required by this chapter. The provision of section 16B.37, subdivision 1, stating that transfers
under section 16B.37 may be made only to an agency that has been in existence for at least
one year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The initial salary for the commissioner of behavioral health is the same as the salary
for the commissioner of health. The salary may be changed in the manner specified in section
15A.0815.
new text end

new text begin (d) For an employee affected by the transfer of duties required by this chapter, the
seniority accrued by the employee at the employee's former agency transfers to the employee's
new agency.
new text end

new text begin (e) The commissioner of management and budget must ensure that the aggregate cost
for the commissioner of behavioral health is not more than the aggregate cost during the
transition of creating the Department of Behavioral Health as it currently exists under the
Department of Human Services and the Department of Health immediately before the
effective date of this chapter, excluding any appropriation made during the 2022 legislative
session.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 9.

Minnesota Statutes 2021 Supplement, section 297E.02, subdivision 3, is amended
to read:


Subd. 3.

Collection; disposition.

(a) Taxes imposed by this section are due and payable
to the commissioner when the gambling tax return is required to be filed. Distributors must
file their monthly sales figures with the commissioner on a form prescribed by the
commissioner. Returns covering the taxes imposed under this section must be filed with
the commissioner on or before the 20th day of the month following the close of the previous
calendar month. The commissioner shall prescribe the content, format, and manner of returns
or other documents pursuant to section 270C.30. The proceeds, along with the revenue
received from all license fees and other fees under sections 349.11 to 349.191, 349.211,
and 349.213, must be paid to the commissioner of management and budget for deposit in
the general fund.

(b) The sales tax imposed by chapter 297A on the sale of pull-tabs and tipboards by the
distributor is imposed on the retail sales price. The retail sale of pull-tabs or tipboards by
the organization is exempt from taxes imposed by chapter 297A and is exempt from all
local taxes and license fees except a fee authorized under section 349.16, subdivision 8.

(c) One-half of one percent of the revenue deposited in the general fund under paragraph
(a), is appropriated to the commissioner of human services for the compulsive gambling
treatment program established under section 245.98. new text beginMoney appropriated under this paragraph
must not replace existing state funding for these programs.
new text end

new text begin (d) new text endOne-half of one percent of the revenue deposited in the general fund under paragraph
(a), is appropriated to the commissioner of human servicesdeleted text begin for a grantdeleted text endnew text begin. By June 30 of each
fiscal year, the commissioner of human services must transfer the amount deposited in the
general fund under this paragraph to the special revenue fund. By October 15 of each fiscal
year, the commissioner of human services must award a grant in an amount equal to the
entire amount transferred to the special revenue fund under this paragraph for the prior fiscal
year
new text end to the state affiliate recognized by the National Council on Problem Gambling to
increase public awareness of problem gambling, education and training for individuals and
organizations providing effective treatment services to problem gamblers and their families,
and research relating to problem gambling. Money appropriated by this paragraph must
supplement and must not replace existing state funding for these programs.

deleted text begin (d)deleted text endnew text begin (e)new text end The commissioner of human services must provide to the state affiliate recognized
by the National Council on Problem Gambling a monthly statement of the amounts deposited
under deleted text beginparagraphdeleted text endnew text begin paragraphsnew text end (c)new text begin and (d)new text end. Beginning January 1, 2022, the commissioner of
human services must provide to the chairs and ranking minority members of the legislative
committees with jurisdiction over treatment for problem gambling and to the state affiliate
recognized by the National Council on Problem Gambling an annual reconciliation of the
amounts deposited under paragraph (c). The annual reconciliation under this paragraph must
include the amount allocated to the commissioner of human services for the compulsive
gambling treatment program established under section 245.98, and the amount allocated to
the state affiliate recognized by the National Council on Problem Gambling.

Sec. 10.

Minnesota Statutes 2020, section 626.5571, subdivision 1, is amended to read:


Subdivision 1.

Establishment of team.

A county may establish a multidisciplinary adult
protection team comprised of the director of the local welfare agency or designees, the
county attorney or designees, the county sheriff or designees, and representatives of health
care. In addition, representatives of mental health or other appropriate human service
agencies, new text begincommunity corrections agencies, new text endrepresentatives from local tribal governments,
new text begin local law enforcement agencies or designees thereof, new text endand adult advocate groups may be
added to the adult protection team.

Sec. 11.

new text begin [626.8477] MENTAL HEALTH AND HEALTH RECORDS; WRITTEN
POLICY REQUIRED.
new text end

new text begin The chief officer of every state and local law enforcement agency that seeks or uses
mental health data under section 13.46, subdivision 7, paragraph (c), or health records under
section 144.294, subdivision 2, must establish and enforce a written policy governing its
use. At a minimum, the written policy must incorporate the requirements of sections 13.46,
subdivision, 7, paragraph (c), and 144.294, subdivision 2, and access procedures, retention
policies, and data security safeguards that, at a minimum, meet the requirements of chapter
13 and any other applicable law.
new text end

Sec. 12. new text beginAPPROPRIATION; ANOKA COUNTY SUBSTANCE USE DISORDER
PROGRAM.
new text end

new text begin $125,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for a grant to an existing program in Anoka County that provides services
to help women with dependent children and struggling with substance abuse to remain
sober, regain custody of children, achieve permanent housing, keep stable employment, and
avoid new criminal convictions. The general fund base for this appropriation is $125,000
in fiscal year 2024 and $125,000 in fiscal year 2025.
new text end

Sec. 13. new text beginAPPROPRIATION; OLMSTEAD COUNTY RECOVERY COMMUNITY
ORGANIZATION.
new text end

new text begin $100,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for a grant to a recovery community organization in Olmsted County,
located in the city of Rochester, that provides services in an 11-county region. The general
fund base for this appropriation is $100,000 in fiscal year 2024 and $100,000 in fiscal year
2025.
new text end

Sec. 14. new text beginAPPROPRIATION; ROCHESTER NONPROFIT RECOVERY
COMMUNITY ORGANIZATION.
new text end

new text begin $53,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for a grant to a nonprofit recovery community organization located in
Rochester, Minnesota, that provides pretreatment housing, post-treatment recovery housing,
treatment coordination, and peer recovery support to individuals pursuing a life of recovery
from substance use disorders, and that also offers a recovery coaching academy to individuals
interested in becoming peer recovery specialists. The general fund base for this appropriation
is $55,000 in fiscal year 2024 and $55,000 in fiscal year 2025.
new text end

Sec. 15. new text beginAPPROPRIATION; WELLNESS IN THE WOODS.
new text end

new text begin $100,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for a grant to Wellness in the Woods for daily peer support and special
sessions for individuals who are in substance use recovery, are transitioning out of
incarceration, or have experienced trauma. The general fund base for this appropriation is
$100,000 in fiscal year 2024 and $100,000 in fiscal year 2025.
new text end

Sec. 16. new text beginAPPROPRIATION; ADULT DAY TREATMENT SERVICES.
new text end

new text begin $261,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for adult day treatment services covered under Minnesota Statutes, chapter
256B, to increase the reimbursement rate for adult day treatment under Minnesota Rules,
part 9505.0372, subpart 8, by 50 percent over the reimbursement rate in effect as of December
31, 2022. The general fund base for this appropriation is $658,000 in fiscal year 2024 and
$692,000 in fiscal year 2025.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or 60 days following
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. 17. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research Department;
House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal Analysis; and
the respective departments shall prepare legislation for introduction in the 2023 legislative
session proposing the statutory changes needed to implement the transfers of duties required
by this act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

ARTICLE 5

CHILD WELFARE

Section 1.

Minnesota Statutes 2020, section 256K.45, subdivision 6, is amended to read:


Subd. 6.

Funding.

Funds appropriated for this section may be expended on programs
described under subdivisions 3 to 5new text begin and 8new text end, technical assistance, and capacity building to
meet the greatest need on a statewide basis. The commissioner will provide outreach,
technical assistance, and program development support to increase capacity to new and
existing service providers to better meet needs statewide, particularly in areas where services
for homeless youth have not been established, especially in greater Minnesota.

Sec. 2.

Minnesota Statutes 2020, section 256K.45, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Awarding of grants. new text end

new text begin (a) Grants awarded under this section shall not be used
for any activity other than the authorized activities under this section, and the commissioner
shall not create additional eligibility criteria or restrictions on the grant money.
new text end

new text begin (b) Grants shall be awarded under this section only after a review of the grant recipient's
application materials, including past performance and utilization of grant money. The
commissioner shall not reduce an existing grant award amount unless the commissioner
first determines that the grant recipient has failed to meet performance measures or has used
grant money improperly.
new text end

new text begin (c) For grants awarded pursuant to a two-year grant contract, the commissioner shall
permit grant recipients to carry over any unexpended amount from the first contract year
to the second contract year.
new text end

Sec. 3.

Minnesota Statutes 2020, section 256K.45, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Provider repair or improvement grants. new text end

new text begin (a) Providers that serve homeless
youth under this section may apply for a grant of up to $100,000 under this subdivision to
make minor or mechanical repairs or improvements to a facility providing services to
homeless youth or youth at risk of homelessness.
new text end

new text begin (b) Grant applications under this subdivision must include a description of the repairs
or improvements and the estimated cost of the repairs or improvements.
new text end

new text begin (c) Grantees under this subdivision cannot receive grant funds under this subdivision
for two consecutive years.
new text end

Sec. 4.

Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 24,
is amended to read:


Subd. 24.

Grant Programs; Children and
Economic Support Grants

29,740,000
29,740,000

new text begin (a) new text endMinnesota Food Assistance Program.
Unexpended funds for the Minnesota food
assistance program for fiscal year 2022 do not
cancel but are available in fiscal year 2023.

new text begin (b) Provider Repair or Improvement
Grants.
$1,000,000 in fiscal year 2022 and
$1,000,000 in fiscal year 2023 are from the
general fund for provider repair or
improvement grants under Minnesota Statutes,
section 256K.45, subdivision 8. The amounts
in this paragraph are available until June 30,
2025. This paragraph expires July 1, 2025.
new text end

Sec. 5.

Laws 2021, First Special Session chapter 8, article 6, section 1, subdivision 7, is
amended to read:


Subd. 7.

Report.

(a) No later than February 1, 2022, the task force shall submit an initial
report to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over housing and preventing homelessness on
its findings and recommendations.

(b) No later than deleted text beginAugust 31deleted text endnew text begin December 15new text end, 2022, the task force shall submit a final report
to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over housing and preventing homelessness on
its findings and recommendations.

Sec. 6. new text beginAPPROPRIATION; QUALITY PARENTING INITIATIVE.
new text end

new text begin (a) $100,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for a grant to Quality Parenting Initiative Minnesota, to implement Quality
Parenting Initiative principles and practices and support children and families experiencing
foster care placements. The grantee shall use grant funds to provide training and technical
assistance to county and Tribal agencies, community-based agencies, and other stakeholders,
on the following activities:
new text end

new text begin (1) conducting initial foster care phone calls under Minnesota Statutes, section 260C.219,
subdivision 6;
new text end

new text begin (2) supporting practices that create birth family to foster family partnerships; and
new text end

new text begin (3) informing child welfare practices by supporting youth leadership and the participation
of individuals with experience in the foster care system.
new text end

new text begin (b) The base for this appropriation is $100,000 in fiscal year 2024 and $100,000 in fiscal
year 2025.
new text end

ARTICLE 6

ECONOMIC ASSISTANCE

Section 1.

Minnesota Statutes 2020, section 256E.35, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

The Minnesota family assets for independence initiative
is established to provide incentives for low-income families to accrue assets for education,
housing, vehiclesnew text begin, emergenciesnew text end, and economic development purposes.

Sec. 2.

Minnesota Statutes 2020, section 256E.35, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Eligible educational institution" means the following:

(1) an institution of higher education described in section 101 or 102 of the Higher
Education Act of 1965; or

(2) an area vocational education school, as defined in subparagraph (C) or (D) of United
States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and
Applied Technology Education Act), which is located within any state, as defined in United
States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the
extent section 2302 is in effect on August 1, 2008.

(c) "Family asset account" means a savings account opened by a household participating
in the Minnesota family assets for independence initiative.

(d) "Fiduciary organization" means:

(1) a community action agency that has obtained recognition under section 256E.31;

(2) a federal community development credit union deleted text beginserving the seven-county metropolitan
area
deleted text end; deleted text beginor
deleted text end

(3) a women-oriented economic development agency deleted text beginserving the seven-county
metropolitan area
deleted text endnew text begin;
new text end

new text begin (4) a federally recognized Tribal nation; or
new text end

new text begin (5) a nonprofit organization, as defined under section 501(c)(3) of the Internal Revenue
Code
new text end.

(e) "Financial coach" means a person who:

(1) has completed an intensive financial literacy training workshop that includes
curriculum on budgeting to increase savings, debt reduction and asset building, building a
good credit rating, and consumer protection;

(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM)
network training meetings under FAIM program supervision; and

(3) provides financial coaching to program participants under subdivision 4a.

(f) "Financial institution" means a bank, bank and trust, savings bank, savings association,
or credit union, the deposits of which are insured by the Federal Deposit Insurance
Corporation or the National Credit Union Administration.

(g) "Household" means all individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other individuals.

(h) "Permissible use" means:

(1) postsecondary educational expenses at an eligible educational institution as defined
in paragraph (b), including books, supplies, and equipment required for courses of instruction;

(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including
any usual or reasonable settlement, financing, or other closing costs;

(3) business capitalization expenses for expenditures on capital, plant, equipment, working
capital, and inventory expenses of a legitimate business pursuant to a business plan approved
by the fiduciary organization;

(4) acquisition costs of a principal residence within the meaning of section 1034 of the
Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase
price applicable to the residence determined according to section 143(e)(2) and (3) of the
Internal Revenue Code of 1986; deleted text beginand
deleted text end

(5) acquisition costs of a personal vehicle only if approved by the fiduciary organizationnew text begin;
new text end

new text begin (6) contribution to an emergency savings account; and
new text end

new text begin (7) contribution to a Minnesota 529 savings plannew text end.

Sec. 3.

Minnesota Statutes 2020, section 256E.35, subdivision 4a, is amended to read:


Subd. 4a.

Financial coaching.

A financial coach shall provide the following to program
participants:

(1) financial education relating to budgeting, debt reduction, asset-specific trainingnew text begin,
credit building
new text end, and financial stability activities;

(2) asset-specific training related to buying a home or vehicle, acquiring postsecondary
education, deleted text beginordeleted text end starting or expanding a small businessnew text begin, saving for emergencies, or saving for
a child's education
new text end; and

(3) financial stability education and training to improve and sustain financial security.

Sec. 4.

Minnesota Statutes 2020, section 256E.35, subdivision 6, is amended to read:


Subd. 6.

Withdrawal; matching; permissible uses.

(a) To receive a match, a
participating household must transfer funds withdrawn from a family asset account to its
matching fund custodial account held by the fiscal agent, according to the family asset
agreement. The fiscal agent must determine if the match request is for a permissible use
consistent with the household's family asset agreement.

(b) The fiscal agent must ensure the household's custodial account contains the applicable
matching funds to match the balance in the household's account, including interest, on at
least a quarterly basis and at the time of an approved withdrawal. Matches must be a
contribution of $3 from state grant or TANF funds for every $1 of funds withdrawn from
the family asset account not to exceed a $6,000 lifetime limit.

(c) Notwithstanding paragraph (b), if funds are appropriated for the Federal Assets for
Independence Act of 1998, and a participating fiduciary organization is awarded a grant
under that act, participating households with that fiduciary organization must be provided
matches as follows:

(1) from state grant and TANF funds, a matching contribution of $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a deleted text begin$3,000deleted text endnew text begin $4,500new text end lifetime limit;
and

(2) from nonstate funds, a matching contribution of not less than $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a deleted text begin$3,000deleted text endnew text begin $4,500new text end lifetime limit.

(d) Upon receipt of transferred custodial account funds, the fiscal agent must make a
direct payment to the vendor of the goods or services for the permissible use.

Sec. 5.

Minnesota Statutes 2020, section 256E.35, subdivision 7, is amended to read:


Subd. 7.

Program reporting.

The fiscal agent on behalf of each fiduciary organization
participating in a family assets for independence initiative must report quarterly to the
commissioner of human services identifying the participants with accounts, the number of
accounts, the amount of savings and matches for each participant's account, the uses of the
account, and the number of businesses, homes, vehicles, and educational services paid for
with money from the account, new text beginand the amount of contributions to Minnesota 529 savings
plans and emergency savings accounts,
new text endas well as other information that may be required
for the commissioner to administer the program and meet federal TANF reporting
requirements.

Sec. 6.

Minnesota Statutes 2021 Supplement, section 256P.02, subdivision 1a, is amended
to read:


Subd. 1a.

Exemption.

Participants who qualify for child care assistance programs under
chapter 119B are exempt from this section, except that the personal property identified in
subdivision 2 is counted toward the asset limit of the child care assistance program under
chapter 119B.new text begin Vehicles under subdivision 3 and accounts under subdivision 4 are not counted
toward the asset limit of the child care assistance program under chapter 119B.
new text end

Sec. 7.

Minnesota Statutes 2021 Supplement, section 256P.02, subdivision 2, is amended
to read:


Subd. 2.

Personal property limitations.

The equity value of an assistance unit's personal
property listed in clauses (1) to (5) must not exceed $10,000 for applicants and participants.
For purposes of this subdivision, personal property is limited to:

(1) cash;

(2) bank accountsnew text begin not excluded under subdivision 4new text end;

(3) liquid stocks and bonds that can be readily accessed without a financial penalty;

(4) vehicles not excluded under subdivision 3; and

(5) the full value of business accounts used to pay expenses not related to the business.

Sec. 8.

Minnesota Statutes 2020, section 256P.02, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Account exception. new text end

new text begin Family asset accounts under section 256E.35 and individual
development accounts authorized under the Assets for Independence Act, Title IV of the
Community Opportunities, Accountability, and Training and Educational Services Human
Services Reauthorization Act of 1998, Public Law 105-285, shall be excluded when
determining the equity value of personal property.
new text end

Sec. 9.

Minnesota Statutes 2020, section 256P.03, subdivision 2, is amended to read:


Subd. 2.

Earned income disregard.

The agency shall disregard the first $65 of earned
income plus deleted text beginone-halfdeleted text endnew text begin 60 percentnew text end of the remaining earned income per month.

Sec. 10.

Laws 2021, First Special Session chapter 7, article 14, section 21, subdivision 4,
is amended to read:


Subd. 4.

Grant awards.

(a) The commissioner shall award transition grants to all eligible
programs on a noncompetitive basis through August 31, 2021.

(b) The commissioner shall award base grant amounts to all eligible programs on a
noncompetitive basis beginning September 1, 2021, through June 30, 2023. The base grant
amounts shall be:

(1) based on the full-time equivalent number of staff who regularly care for children in
the program, including any employees, sole proprietors, or independent contractorsnew text begin. Effective
July 1, 2022, one full-time equivalent is defined as an individual caring for children 32
hours per week. An individual may count as more or less than one full-time equivalent, but
no more than two. No program shall receive less funding than they are projected to receive
based on Table 4 in the Technical Assistance for Defining FTE Stabilization Base Grants
document dated March 29, 2022
new text end;

(2) reduced between July 1, 2022, and June 30, 2023, with amounts for the final month
being no more than 50 percent of the amounts awarded in September 2021; and

(3) enhanced in amounts determined by the commissioner for any providers receiving
payments through the child care assistance program under sections 119B.03 and 119B.05
or early learning scholarships under section 124D.165.

(c) The commissioner may provide grant amounts in addition to any base grants received
to eligible programs in extreme financial hardship until all money set aside for that purpose
is awarded.

(d) The commissioner may pay any grants awarded to eligible programs under this
section in the form and manner established by the commissioner, except that such payments
must occur on a monthly basis.

Sec. 11. new text beginAPPROPRIATION; FAMILY ASSETS FOR INDEPENDENCE PROGRAM.
new text end

new text begin $100,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for the purposes of the family assets for independence program in
Minnesota Statutes, section 256E.35. The general fund base for this appropriation is $100,000
in fiscal year 2024 and $100,000 in fiscal year 2025.
new text end

ARTICLE 7

MISCELLANEOUS

Section 1.

Minnesota Statutes 2020, section 245C.02, is amended by adding a subdivision
to read:


new text begin Subd. 11f. new text end

new text begin Health care worker platform. new text end

new text begin "Health care worker platform" means any
person, firm, corporation, partnership, or association that maintains a system or technology
that provides a media or internet platform for a health care worker to be listed and identified
as available for hire as an independent contractor by health care facilities seeking health
care workers.
new text end

Sec. 2.

Minnesota Statutes 2020, section 245C.02, subdivision 17a, is amended to read:


Subd. 17a.

Roster.

(a) "Roster" means the electronic method used to identify the entity
or entities required to conduct background studies under this chapter with which a background
subject is affiliated. There are three types of rosters: active roster, inactive roster, and master
roster.

(b) "Active roster" means the list of individuals specific to an entity who have been
determined eligible under this chapter to provide services for the entity and who the entity
has identified as affiliated. An individual shall remain on the entity's active roster and is
considered affiliated until the commissioner determines the individual is ineligible or the
entity removes the individual from the entity's active roster.

(c) "Inactive roster" means the list maintained by the commissioner of individuals who
are eligible under this chapter to provide services and are not on an active roster. Individuals
shall remain on the inactive roster for no more than 180 consecutive days, unlessnew text begin:
new text end

new text begin (1)new text end the individual submits a written request to the commissioner requesting to remain
on the inactive roster for a longer period of timenew text begin;
new text end

new text begin (2) the individual self-initiated a background study, in which case the individual shall
remain on the inactive roster for one year; or
new text end deleted text begin .
deleted text end

new text begin (3) a health care worker platform initiated a background study on behalf of an individual,
in which case the individual shall remain on the inactive roster for one year.
new text end

Upon the commissioner's receipt of information that may cause an individual on the inactive
roster to be disqualified under this chapter, the commissioner shall remove the individual
from the inactive roster, and if the individual again seeks a position requiring a background
study, the individual shall be required to complete a new background study.

(d) "Master roster" means the list maintained by the commissioner of all individuals
who, as a result of a background study under this chapter, and regardless of affiliation with
an entity, are determined by the commissioner to be eligible to provide services for one or
more entities. The master roster includes all background study subjects on rosters under
paragraphs (b) and (c).

Sec. 3.

Minnesota Statutes 2021 Supplement, section 245C.03, is amended by adding a
subdivision to read:


new text begin Subd. 16. new text end

new text begin Self-initiated background studies. new text end

new text begin The commissioner shall conduct
background studies according to this chapter when initiated by an individual who is not on
the master roster. A subject under this subdivision who is not disqualified must be placed
on the inactive roster.
new text end

Sec. 4.

Minnesota Statutes 2021 Supplement, section 245C.03, is amended by adding a
subdivision to read:


new text begin Subd. 17. new text end

new text begin Health care worker platform. new text end

new text begin The commissioner shall conduct background
studies according to this chapter when initiated by a health care worker platform on behalf
of an individual who is not on the master roster. A subject under this subdivision who is
not disqualified must be placed on the inactive roster.
new text end

Sec. 5.

Minnesota Statutes 2020, section 245C.04, subdivision 4a, is amended to read:


Subd. 4a.

Agency background studies; electronic criminal case information updates;
rosters; and criteria for eliminating repeat background studies.

(a) The commissioner
shall develop and implement an electronic process as a part of NETStudy 2.0 for the regular
transfer of new criminal case information that is added to the Minnesota court information
system. The commissioner's system must include for review only information that relates
to individuals who are on the master roster.

(b) The commissioner shall develop and implement an online system as a part of
NETStudy 2.0 for agencies that initiate background studies under this chapter to access and
maintain records of background studies initiated by that agency. The system must show all
active background study subjects affiliated with that agency and the status of each individual's
background study. Each agency that initiates background studies must use this system to
notify the commissioner of discontinued affiliation for purposes of the processes required
under paragraph (a).

(c) After an entity initiating a background study has paid the applicable fee for the study
and has provided the individual with the privacy notice required under section 245C.05,
subdivision 2c
, NETStudy 2.0 shall immediately inform the entity whether the individual
requires a background study or whether the individual is immediately eligible to provide
services based on a previous background study. If the individual is immediately eligible,
the entity initiating the background study shall be able to view the information previously
supplied by the individual who is the subject of a background study as required under section
245C.05, subdivision 1, including the individual's photograph taken at the time the
individual's fingerprints were recorded. The commissioner shall not provide any entity
initiating a subsequent background study with information regarding the other entities that
initiated background studies on the subject.

(d) Verification that an individual is eligible to provide services based on a previous
background study is dependent on the individual voluntarily providing the individual's
Social Security number to the commissioner at the time each background study is initiated.
When an individual does not provide the individual's Social Security number for the
background study, that study is not transferable and a repeat background study on that
individual is required if the individual seeks a position requiring a background study under
this chapter with another entity.

new text begin (e) Notwithstanding paragraphs (b) and (c), the commissioner must not provide a health
care worker platform that initiates a background study on an individual's behalf under section
245C.03, subdivision 17, with access to any information regarding the subject other than
whether the individual is immediately eligible to provide services.
new text end

Sec. 6.

Minnesota Statutes 2020, section 245C.04, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Individuals. new text end

new text begin An individual who initiates a background study under section
245C.03, subdivision 16, must initiate the studies annually through NETStudy 2.0.
new text end

Sec. 7.

Minnesota Statutes 2020, section 245C.04, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin Health care worker platform. new text end

new text begin A health care worker platform that initiates
a background study on an individual's behalf under section 245C.03, subdivision 17, must
initiate the studies annually through NETstudy 2.0.
new text end

Sec. 8.

Minnesota Statutes 2020, section 245C.10, is amended by adding a subdivision to
read:


new text begin Subd. 22. new text end

new text begin Individuals. new text end

new text begin The commissioner shall recover the cost of the background
studies initiated by individuals under section 245C.03, subdivision 16, through a fee of no
more than $42 per study charged to the individual. The fees collected under this subdivision
are appropriated to the commissioner for the purpose of conducting background studies.
new text end

Sec. 9.

Minnesota Statutes 2020, section 245C.10, is amended by adding a subdivision to
read:


new text begin Subd. 23. new text end

new text begin Health care worker platform. new text end

new text begin The commissioner shall recover the cost of
the background studies initiated by health care worker platforms under section 245C.03,
subdivision 17, through a fee of no more than $42 per study charged to the individual. The
fees collected under this subdivision are appropriated to the commissioner for the purpose
of conducting background studies.
new text end

Sec. 10.

new text begin [256.4791] COMMUNITY ORGANIZATIONS GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services shall establish the
community organizations grant program to address violence prevention and provide street
outreach services.
new text end

new text begin Subd. 2. new text end

new text begin Applications. new text end

new text begin Organizations seeking grants under this section shall apply to
the commissioner. The grant applicant must include a description of the project that the
applicant is proposing, the amount of money that the applicant is seeking, and a proposed
budget describing how the applicant will spend the grant money.
new text end

new text begin Subd. 3. new text end

new text begin Eligible applicants. new text end

new text begin To be eligible for a grant under this section, applicants
must address violence prevention, connect with youth and community members, and provide
street outreach services. Applicants must also be focused on prevention, intervention, and
restorative practices within the community, which may include:
new text end

new text begin (1) providing trauma-responsive care; and
new text end

new text begin (2) access to individual and group therapy services or community healing.
new text end

new text begin Subd. 4. new text end

new text begin Use of grant money. new text end

new text begin Grant recipients must use the funds to address violence
prevention, connect with youth and community members, and provide street outreach
services.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin Grant recipients must provide an annual report to the commissioner
in a manner specified by the commissioner on the activities and outcomes of the project
funded by the grant program.
new text end

Sec. 11. new text beginEMPLOYMENT FOR PERSONS EXPERIENCING HOMELESSNESS
OR SUBSTANCE USE DISORDER.
new text end

new text begin (a) Nonprofit organizations, licensed providers, and other entities that receive funding
from the commissioner of human services to address homelessness or provide services to
individuals experiencing homelessness must incorporate into their program the facilitation
of full- or part-time employment and provide or make available employment services for
each client to the extent appropriate for each client.
new text end

new text begin (b) Nonprofit organizations, licensed providers, and other entities that receive funding
from the commissioner of human services to provide substance use disorder services or
treatment must incorporate into their program the facilitation of full- or part-time employment
and provide or make available employment services for each client to the extent appropriate
for each client.
new text end

Sec. 12. new text beginAPPROPRIATION; COMMUNITY ORGANIZATIONS GRANT
PROGRAM.
new text end

new text begin $100,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for the community organizations grants under Minnesota Statutes, section
256.4791. The general fund base for this appropriation is $100,000 in fiscal year 2024 and
$100,000 in fiscal year 2025.
new text end

APPENDIX

Repealed Minnesota Statutes: S4410-1

256S.2101 RATE SETTING; PHASE-IN.

Subdivision 1.

Phase-in for disability waiver customized living rates.

All rates and rate components for community access for disability inclusion customized living and brain injury customized living under section 256B.4914 shall be the sum of ten percent of the rates calculated under sections 256S.211 to 256S.215 and 90 percent of the rates calculated using the rate methodology in effect as of June 30, 2017.

Subd. 2.

Phase-in for elderly waiver rates.

Except for home-delivered meals as described in section 256S.215, subdivision 15, all rates and rate components for elderly waiver, elderly waiver customized living, and elderly waiver foster care under this chapter; alternative care under section 256B.0913; and essential community supports under section 256B.0922 shall be the sum of 18.8 percent of the rates calculated under sections 256S.211 to 256S.215, and 81.2 percent of the rates calculated using the rate methodology in effect as of June 30, 2017. The rate for home-delivered meals shall be the sum of the service rate in effect as of January 1, 2019, and the increases described in section 256S.215, subdivision 15.

Repealed Minnesota Session Laws: S4410-1

Laws 2022, chapter 33, section 1, subdivision 9

Section 1.

Minnesota Statutes 2020, section 256B.4914, as amended by Laws 2021, First Special Session chapter 7, article 13, sections 42 and 43, is amended to read:


256B.4914 HOME AND COMMUNITY-BASED SERVICES WAIVERS; RATE SETTING.

Subd. 9.

deleted text beginPayments fordeleted text end Unit-based services without programmingnew text begin; component values and calculation of payment ratesnew text end.

deleted text beginPayments fordeleted text end new text begin(a) For the purposes of this section, new text endunit-based services without programmingdeleted text begin, includingdeleted text endnew text begin includenew text end individualized home supportsdeleted text begin,deleted text endnew text begin without training andnew text end night supervisiondeleted text begin, personal support, respite, and companion caredeleted text end provided to an individual outside of anynew text begin service plan for anew text end daynew text begin programnew text end or residentialnew text begin supportnew text end service deleted text beginplandeleted text endnew text begin. Unit-based services without programming do not include respite.new text end

new text begin (b) Component values for unit-based services without programming are: new text end

new text begin (1) competitive workforce factor: 4.7 percent; new text end

new text begin (2) supervisory span of control ratio: 11 percent; new text end

new text begin (3) employee vacation, sick, and training allowance ratio: 8.71 percent; new text end

new text begin (4) employee-related cost ratio: 23.6 percent; new text end

new text begin (5) program plan support ratio: 7.0 percent; new text end

new text begin (6) client programming and support ratio: 2.3 percent, updated as specified in subdivision 5b; new text end

new text begin (7) general administrative support ratio: 13.25 percent; new text end

new text begin (8) program-related expense ratio: 2.9 percent; and new text end

new text begin (9) absence and utilization factor ratio: 3.9 percent. new text end

new text begin (c) A unit of service for unit-based services without programming is 15 minutes. new text end

new text begin(d) Payments for unit-based services without programming new text endmust be calculated as follows unless the services are deleted text beginauthorizeddeleted text endnew text begin reimbursednew text end separately deleted text beginunder subdivision 6 or 7deleted text endnew text begin as part of a residential support services or day program payment ratenew text end:

(1) deleted text beginfor all services except respite,deleted text end determine the number of units of service to meet a recipient's needs;

(2) deleted text beginpersonneldeleted text endnew text begin determine the appropriatenew text end hourlynew text begin staffnew text end wage deleted text beginrates must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rate ordeleted text end rates derived by the commissioner as provided in deleted text beginsubdivision 5deleted text endnew text begin subdivisions 5 to 5anew text end;

(3) except for subdivision deleted text begin5, paragraph (a), clauses (4) and (21) to (23)deleted text endnew text begin 5a, clauses (1) to (4)new text end, multiply the result of clause (2) by the product of one plus the competitive workforce factor deleted text beginin subdivision 5, paragraph (g), clause (1)deleted text end;

(4) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (3);

(5) multiply the number of direct deleted text beginstaffdeleted text endnew text begin staffingnew text end hours by the appropriate staff wage;

(6) multiply the number of direct deleted text beginstaffdeleted text endnew text begin staffingnew text end hours by the product of the deleted text beginsupervisiondeleted text endnew text begin supervisorynew text end span of control ratio deleted text beginin subdivision 5, paragraph (g), clause (2),deleted text end and the appropriate deleted text beginsupervisiondeleted text endnew text begin supervisory staffnew text end wage in subdivision deleted text begin5, paragraph (a), clause (21)deleted text endnew text begin 5a, clause (1)new text end;

(7) combine the results of clauses (5) and (6), and multiply the result by one plus the employee vacation, sick, and training allowance ratio deleted text beginin subdivision 5, paragraph (g), clause (3)deleted text end. This is defined as the direct staffing rate;

(8) for program plan support, multiply the result of clause (7) by one plus the program plan support ratio deleted text beginin subdivision 5, paragraph (g), clause (5)deleted text end;

(9) for employee-related expenses, multiply the result of clause (8) by one plus the employee-related cost ratio deleted text beginin subdivision 5, paragraph (g), clause (4)deleted text end;

(10) for client programming and supports, multiply the result of clause (9) by one plus the client programming and support ratio deleted text beginin subdivision 5, paragraph (g), clause (6)deleted text end;

(11) this is the subtotal rate;

(12) sum the standard general deleted text beginanddeleted text end administrative deleted text beginratedeleted text endnew text begin support rationew text end, the program-related expense ratio, and the absence and utilization factor ratio;

(13) divide the result of clause (11) by one minus the result of clause (12). This is the total payment amount;

new text begin (14) for individualized home supports without training provided in a shared manner, divide the total payment amount in clause (13) by the number of service recipients, not to exceed two; and new text end

new text begin (15) adjust the result of clause (14) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services. new text end