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SF 3116

as introduced - 91st Legislature (2019 - 2020) Posted on 02/13/2020 03:49pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; modifying intermediate care facility for persons with
developmental disabilities payment rates; amending Minnesota Statutes 2018,
sections 256B.5012, subdivision 2, by adding subdivisions; 256B.5013, subdivisions
1, 6; 256B.5015, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 256B.5012, subdivision 2, is amended to read:


Subd. 2.

Operating payment rate.

(a) The operating payment rate equals the facility's
total payment rate in effect on September 30, 2000, minus the property rate. The operating
payment rate includes the special operating rate and the efficiency incentive in effect as of
September 30, 2000. Within the limits of appropriations specifically for this purpose, the
operating payment shall be increased for each rate year by the annual percentage change in
the Employment Cost Index for Private Industry Workers - Total Compensation, as forecasted
by the commissioner of management and budget's economic consultant, in the second quarter
of the calendar year preceding the start of each rate year. In the case of the initial rate year
beginning October 1, 2000, and continuing through December 31, 2001, the percentage
change shall be based on the percentage change in the Employment Cost Index for Private
Industry Workers - Total Compensation for the 15-month period beginning October 1, 2000,
as forecast by Data Resources, Inc., in the first quarter of 2000.

(b) Effective October 1, 2000, the operating payment rate shall be adjusted to reflect an
occupancy rate equal to 100 percent of the facility's capacity days as of September 30, 2000.

(c) Effective July 1, 2001, the operating payment rate shall be adjusted for the increases
in the Department of Health licensing fees that were authorized in section 144.122.

new text begin (d) Effective July 1, 2024, and every two years thereafter, the operating payment rate
shall be increased by the average increase the disability waiver residential support services
rates are increased under section 256B.4914, subdivision 5, paragraphs (i) and (k), in the
same year.
new text end

Sec. 2.

Minnesota Statutes 2018, section 256B.5012, is amended by adding a subdivision
to read:


new text begin Subd. 18. new text end

new text begin ICF/DD rate increases effective July 1, 2020. new text end

new text begin (a) For the rate period beginning
July 1, 2020, the commissioner must increase operating payments for each facility reimbursed
under this section equal to five percent of the operating payment rates in effect on June 30,
2020.
new text end

new text begin (b) For each facility, the commissioner must apply the rate increase based on occupied
beds, using the percentage specified in this subdivision multiplied by the total payment rate,
including the variable rate but excluding the property-related payment rate in effect on June
30, 2020. The total rate increase must include the adjustment provided in section 256B.501,
subdivision 12.
new text end

Sec. 3.

Minnesota Statutes 2018, 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 increases effective July 1, 2022. new text end

new text begin (a) For the rate period beginning
July 1, 2022, the commissioner must increase operating payments for each facility reimbursed
under this section equal to five percent of the operating payment rates in effect on June 30,
2022.
new text end

new text begin (b) For each facility, the commissioner must apply the rate increase based on occupied
beds, using the percentage specified in this subdivision multiplied by the total payment rate,
including the variable rate but excluding the property-related payment rate in effect on June
30, 2022. The total rate increase must include the adjustment provided in section 256B.501,
subdivision 12.
new text end

Sec. 4.

Minnesota Statutes 2018, section 256B.5013, subdivision 1, is amended to read:


Subdivision 1.

Variable rate adjustments.

(a) deleted text beginFor rate years beginning on or after
October 1, 2000,
deleted text end When there is a documented increase in the needs of a current ICF/DD
recipient, the county of financial responsibility may recommend a variable rate to enable
the facility to meet the individual's increased needs. Variable rate adjustments made under
this subdivision replace payments for persons with special needs for crisis intervention
services under section 256B.501, subdivision 8a. deleted text beginEffective July 1, 2003, facilities with a
base rate above the 50th percentile of the statewide average reimbursement rate for a Class
A facility or Class B facility, whichever matches the facility licensure, are not eligible for
a variable rate adjustment. Variable rate adjustments may not exceed a 12-month period,
except when approved for purposes established in paragraph (b), clause (1).
deleted text endnew text begin Once approved,
variable rate adjustments must continue to remain in place unless there is an identified
change in need. A review of needed resources must be done at the time of the individual's
annual support plan meeting. Any change in need identified must result in submission of a
request to adjust the resources for the individual.
new text end Variable rate adjustments approved solely
on the basis of changes on a developmental disabilities screening document will end June
30, 2002.

new text begin (b) The county of financial responsibility must act on a variable rate request within 30
days and notify the initiator of the request of the county's recommendation in writing.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end A variable rate may be recommended by the county of financial responsibility
for increased needs in the following situations:

(1) a need for resources due to an individual's full or partial retirement from participation
in a day training and habilitation service when the individual: (i) has reached the age of 65
or has a change in health condition that makes it difficult for the person to participate in
day training and habilitation services over an extended period of time because it is medically
contraindicated; and (ii) has expressed a desire for change through the developmental
disability screening process under section 256B.092;

(2) a need for additional resources for intensive short-term programming which is
necessary prior to an individual's discharge to a less restrictive, more integrated setting;

(3) a demonstrated medical need that significantly impacts the type or amount of services
needed by the individual; deleted text beginor
deleted text end

(4) a demonstrated behavioralnew text begin or cognitivenew text end need that significantly impacts the type or
amount of services needed by the individualdeleted text begin.deleted text endnew text begin; or
new text end

deleted text begin (c) The county of financial responsibility must justify the purpose, the projected length
of time, and the additional funding needed for the facility to meet the needs of the individual.
deleted text end

deleted text begin (d) The facility shall provide an annual report to the county case manager on the use of
the variable rate funds and the status of the individual on whose behalf the funds were
approved. The county case manager will forward the facility's report with a recommendation
to the commissioner to approve or disapprove a continuation of the variable rate.
deleted text end

deleted text begin (e) Funds made available through the variable rate process that are not used by the facility
to meet the needs of the individual for whom they were approved shall be returned to the
state.
deleted text end

new text begin (5) a demonstrated increased need for staff assistance, changes in the type of staff
credentials needed, or a need for expert consultation based on assessments conducted prior
to the annual support plan meeting.
new text end

new text begin (d) Variable rate requests must include the following information:
new text end

new text begin (1) the service needs change;
new text end

new text begin (2) the variable rate requested and the difference from the current rate;
new text end

new text begin (3) a basis for the underlying costs used for the variable rate and any accompanying
documentation; and
new text end

new text begin (4) documentation of the expected outcomes to be achieved and the frequency of progress
monitoring associated with the rate increase.
new text end

Sec. 5.

Minnesota Statutes 2018, section 256B.5013, subdivision 6, is amended to read:


Subd. 6.

Commissioner's responsibilities.

The commissioner shall:

(1) make a determination to approve, deny, or modify a request for a variable rate
adjustment within 30 days of the receipt of the completed application;

(2) notify the ICF/DD facility and county case manager of the deleted text beginduration and conditions
of variable rate adjustment approvals
deleted text endnew text begin determinationnew text end; and

(3) modify MMIS II service agreements to reimburse ICF/DD facilities for approved
variable rates.

Sec. 6.

Minnesota Statutes 2018, section 256B.5015, subdivision 2, is amended to read:


Subd. 2.

Services during the day.

new text begin(a) new text endServices during the day, as defined in section
256B.501, but excluding day training and habilitation services, shall be paid as a pass-through
payment deleted text beginno later than January 1, 2004deleted text end. The commissioner shall establish rates for these
services, other than day training and habilitation services, at deleted text beginlevels that do not exceed 75deleted text endnew text begin
100
new text end percent of a recipient's day training and habilitation service costs prior to the service
change.

new text begin (b) An individual qualifies for services during the day under paragraph (a) if, through
consultation with the individual and their support team or interdisciplinary team:
new text end

new text begin (1) it has been determined that the individual's needs can best be met through partial or
full retirement from:
new text end

new text begin (i) participation in a day training and habilitation service; or
new text end

new text begin (ii) the use of services during the day in the individual's home environment; and
new text end

new text begin (2) an individualized plan has been developed with designated outcomes that:
new text end

new text begin (i) address the support needs and desires contained in the person-centered plan or
individual support plan; and
new text end

new text begin (ii) include goals that focus on community integration as appropriate for the individual.
new text end

new text begin (c) new text endWhen establishing a rate for these services, the commissioner shall also consider an
individual recipient's needs as identified in the deleted text beginindividualized servicedeleted text endnew text begin individual supportnew text end
plan and the person's need for active treatment as defined under federal regulations. The
pass-through payments for services during the day shall be paid separately by the
commissioner and shall not be included in the computation of the ICF/DD facility total
payment rate.