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SF 3694

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/04/2020 11:15am

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

Current Version - 1st Engrossment

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A bill for an act
relating to human services; restoring a requirement for notice to lead agencies
when MnCHOICES assessments are required for personal care assistance services;
establishing emergency retention grants for certain disability services providers;
temporarily prohibiting TEFRA parental fees; temporarily increasing the personal
care assistance service limit; temporarily increasing rates for direct support services;
temporarily increasing rates for certain services provided under the home and
community-based services waivers; temporarily increasing rates for certain
nonemergency medical transportation services; appropriating money; amending
Minnesota Statutes 2019 Supplement, section 256B.0911, subdivision 3a.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 256B.0911, subdivision 3a, is
amended to read:


Subd. 3a.

Assessment and support planning.

(a) Persons requesting assessment, services
planning, or other assistance intended to support community-based living, including persons
who need assessment in order to determine waiver or alternative care program eligibility,
must be visited by a long-term care consultation team within 20 calendar days after the date
on which an assessment was requested or recommended. Upon statewide implementation
of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person
requesting personal care assistance services. new text beginThe commissioner shall provide at least a
90-day notice to lead agencies prior to the effective date of this requirement.
new text endFace-to-face
assessments must be conducted according to paragraphs (b) to (i).

(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified
assessors to conduct the assessment. For a person with complex health care needs, a public
health or registered nurse from the team must be consulted.

(c) The MnCHOICES assessment provided by the commissioner to lead agencies must
be used to complete a comprehensive, conversation-based, person-centered assessment.
The assessment must include the health, psychological, functional, environmental, and
social needs of the individual necessary to develop a community support plan that meets
the individual's needs and preferences.

(d) The assessment must be conducted in a face-to-face conversational interview with
the person being assessed. The person's legal representative must provide input during the
assessment process and may do so remotely if requested. At the request of the person, other
individuals may participate in the assessment to provide information on the needs, strengths,
and preferences of the person necessary to develop a community support plan that ensures
the person's health and safety. Except for legal representatives or family members invited
by the person, persons participating in the assessment may not be a provider of service or
have any financial interest in the provision of services. For persons who are to be assessed
for elderly waiver customized living or adult day services under chapter 256S, with the
permission of the person being assessed or the person's designated or legal representative,
the client's current or proposed provider of services may submit a copy of the provider's
nursing assessment or written report outlining its recommendations regarding the client's
care needs. The person conducting the assessment must notify the provider of the date by
which this information is to be submitted. This information shall be provided to the person
conducting the assessment prior to the assessment. For a person who is to be assessed for
waiver services under section 256B.092 or 256B.49, with the permission of the person being
assessed or the person's designated legal representative, the person's current provider of
services may submit a written report outlining recommendations regarding the person's care
needs the person completed in consultation with someone who is known to the person and
has interaction with the person on a regular basis. The provider must submit the report at
least 60 days before the end of the person's current service agreement. The certified assessor
must consider the content of the submitted report prior to finalizing the person's assessment
or reassessment.

(e) The certified assessor and the individual responsible for developing the coordinated
service and support plan must complete the community support plan and the coordinated
service and support plan no more than 60 calendar days from the assessment visit. The
person or the person's legal representative must be provided with a written community
support plan within the timelines established by the commissioner, regardless of whether
the person is eligible for Minnesota health care programs.

(f) For a person being assessed for elderly waiver services under chapter 256S, a provider
who submitted information under paragraph (d) shall receive the final written community
support plan when available and the Residential Services Workbook.

(g) The written community support plan must include:

(1) a summary of assessed needs as defined in paragraphs (c) and (d);

(2) the individual's options and choices to meet identified needs, including all available
options for case management services and providers, including service provided in a
non-disability-specific setting;

(3) identification of health and safety risks and how those risks will be addressed,
including personal risk management strategies;

(4) referral information; and

(5) informal caregiver supports, if applicable.

For a person determined eligible for state plan home care under subdivision 1a, paragraph
(b), clause (1), the person or person's representative must also receive a copy of the home
care service plan developed by the certified assessor.

(h) A person may request assistance in identifying community supports without
participating in a complete assessment. Upon a request for assistance identifying community
support, the person must be transferred or referred to long-term care options counseling
services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for
telephone assistance and follow up.

(i) The person has the right to make the final decision between institutional placement
and community placement after the recommendations have been provided, except as provided
in section 256.975, subdivision 7a, paragraph (d).

(j) The lead agency must give the person receiving assessment or support planning, or
the person's legal representative, materials, and forms supplied by the commissioner
containing the following information:

(1) written recommendations for community-based services and consumer-directed
options;

(2) documentation that the most cost-effective alternatives available were offered to the
individual. For purposes of this clause, "cost-effective" means community services and
living arrangements that cost the same as or less than institutional care. For an individual
found to meet eligibility criteria for home and community-based service programs under
chapter 256S or section 256B.49, "cost-effectiveness" has the meaning found in the federally
approved waiver plan for each program;

(3) the need for and purpose of preadmission screening conducted by long-term care
options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects
nursing facility placement. If the individual selects nursing facility placement, the lead
agency shall forward information needed to complete the level of care determinations and
screening for developmental disability and mental illness collected during the assessment
to the long-term care options counselor using forms provided by the commissioner;

(4) the role of long-term care consultation assessment and support planning in eligibility
determination for waiver and alternative care programs, and state plan home care, case
management, and other services as defined in subdivision 1a, paragraphs (a), clause (6),
and (b);

(5) information about Minnesota health care programs;

(6) the person's freedom to accept or reject the recommendations of the team;

(7) the person's right to confidentiality under the Minnesota Government Data Practices
Act, chapter 13;

(8) the certified assessor's decision regarding the person's need for institutional level of
care as determined under criteria established in subdivision 4e and the certified assessor's
decision regarding eligibility for all services and programs as defined in subdivision 1a,
paragraphs (a), clause (6), and (b); and

(9) the person's right to appeal the certified assessor's decision regarding eligibility for
all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and
(8), and (b), and incorporating the decision regarding the need for institutional level of care
or the lead agency's final decisions regarding public programs eligibility according to section
256.045, subdivision 3. The certified assessor must verbally communicate this appeal right
to the person and must visually point out where in the document the right to appeal is stated.

(k) Face-to-face assessment completed as part of eligibility determination for the
alternative care, elderly waiver, developmental disabilities, community access for disability
inclusion, community alternative care, and brain injury waiver programs under chapter 256S
and sections 256B.0913, 256B.092, and 256B.49 is valid to establish service eligibility for
no more than 60 calendar days after the date of assessment.

(l) The effective eligibility start date for programs in paragraph (k) can never be prior
to the date of assessment. If an assessment was completed more than 60 days before the
effective waiver or alternative care program eligibility start date, assessment and support
plan information must be updated and documented in the department's Medicaid Management
Information System (MMIS). Notwithstanding retroactive medical assistance coverage of
state plan services, the effective date of eligibility for programs included in paragraph (k)
cannot be prior to the date the most recent updated assessment is completed.

(m) If an eligibility update is completed within 90 days of the previous face-to-face
assessment and documented in the department's Medicaid Management Information System
(MMIS), the effective date of eligibility for programs included in paragraph (k) is the date
of the previous face-to-face assessment when all other eligibility requirements are met.

(n) At the time of reassessment, the certified assessor shall assess each person receiving
waiver services currently residing in a community residential setting, or licensed adult foster
care home that is not the primary residence of the license holder, or in which the license
holder is not the primary caregiver, to determine if that person would prefer to be served in
a community-living setting as defined in section 256B.49, subdivision 23. The certified
assessor shall offer the person, through a person-centered planning process, the option to
receive alternative housing and service options.

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. new text beginTEFRA PARENTAL CONTRIBUTION PAYMENTS PROHIBITED DURING
COVID-19 PEACETIME EMERGENCY.
new text end

new text begin The Department of Human Services and local agencies shall not require parental
contribution payments under Minnesota Statutes, section 252.27, subdivision 2a, during the
peacetime emergency declared by the governor in an executive order that relates to the
infectious disease known as COVID-19. Parental contribution payments collected after
March 13, 2020, shall be refunded. Parental contribution payments may resume the first
full month following expiration of the peacetime emergency. The amount of the parental
contribution shall be redetermined according to Minnesota Statutes, section 252.27,
subdivision 2a, for households that reported a reduction in income of greater than ten percent
during the peacetime emergency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, and
expires 30 days after the peacetime emergency declared by the governor in an executive
order that relates to the infectious disease known as COVID-19 is terminated or rescinded
by proper authority.
new text end

Sec. 3. new text beginTEMPORARY SUSPENSION OF MONTHLY LIMIT ON HOURS WORKED
BY PERSONAL CARE ASSISTANTS.
new text end

new text begin Notwithstanding Minnesota Statutes, section 256B.0659, subdivision 11, paragraph (a),
clause (10), during a peacetime emergency declared by the governor under Minnesota
Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19, a personal care assistant
may provide and be paid for 310 hours per month of personal care assistance services. This
section expires January 31, 2021, or 60 days after the peacetime emergency declared by the
governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of
COVID-19, is terminated or rescinded by proper authority, whichever is earlier.
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. 4. new text beginAPPROPRIATION; NONEMERGENCY MEDICAL TRANSPORTATION
TEMPORARY RATE INCREASE.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $....... is appropriated in fiscal year 2020 from the general
fund to the commissioner of human services for temporary nonemergency medical
transportation rate increases for all modes of transportation except client reimbursement;
volunteer transport; and unassisted transport provided by public transit. This is a onetime
appropriation and is available until the expiration of this section.
new text end

new text begin Subd. 2. new text end

new text begin Temporary rates. new text end

new text begin Notwithstanding Minnesota Statutes, section 256B.0625,
subdivision 17, paragraph (m), clauses (3) to (7), the temporary 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:
new text end

new text begin (1) $16.50 for the base rate and $1.95 per mile for unassisted transport when provided
by a nonemergency medical transportation provider;
new text end

new text begin (2) $19.50 for the base rate and $1.95 per mile for assisted transport;
new text end

new text begin (3) $27 for the base rate and $2.33 per mile for lift-equipped/ramp transport;
new text end

new text begin (4) $112.50 for the base rate and $3.60 per mile for protected transport; and
new text end

new text begin (5) $90 for the base rate and $3.60 per mile for stretcher transport, and $13.50 per trip
for an additional attendant if deemed medically necessary.
new text end

new text begin These temporary rates shall remain in effect until the expiration of this section.
new text end

new text begin Subd. 3. new text end

new text begin Capitation rates and directed payments. new text end

new text begin (a) To implement the temporary
rate increase under this section, managed care plans and county-based purchasing plans
shall increase rates as described in subdivision 2.
new text end

new text begin (b) In combination with contract amendments instructing plans to increase reimbursement
rates for nonemergency medical transportation services, the commissioner shall adjust
capitation rates paid to managed care plans and county-based purchasing plans as needed
to maintain plans' expected medical loss ratios.
new text end

new text begin (c) Contracts between managed care plans and providers and between county-based
purchasing plans and providers must allow recovery of payments from providers if federal
approval for the provisions of this subdivision is not received and the commissioner reduces
capitation payments as a result. Payment recoveries must not exceed the amount equal to
any decrease in rates that results from this paragraph.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section expires January 31, 2021, or 60 days after the peacetime
emergency declared by the governor in an executive order that relates to the infectious
disease known as COVID-19 is terminated or rescinded by proper authority, whichever is
earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when approval is obtained.
new text end

Sec. 5. new text beginAPPROPRIATION; COVID-19-RELATED EMERGENCY RETENTION
GRANTS FOR DISABILITY SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $25,000,000 is appropriated in fiscal year 2020 from
the general fund to the commissioner of human services for emergency retention grants to
providers of eligible disability services to help ensure the continuity of the disability services
infrastructure and prevent its failure during or following the COVID-19 pandemic. This is
a onetime appropriation and is available until the expiration of subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Eligible services. new text end

new text begin Providers of the following services are eligible for emergency
retention grants under this section:
new text end

new text begin (1) adult day services, day training and habilitation, day support services, prevocational
services, and structured day services provided by the home and community-based waiver
programs under Minnesota Statutes, sections 256B.092 and 256B.49, and Minnesota Statutes,
chapter 256S;
new text end

new text begin (2) employment exploration services, employment development services, and employment
support services provided by the home and community-based waiver programs under
Minnesota Statutes, sections 256B.092 and 256B.49;
new text end

new text begin (3) children's therapeutic supports and services under Minnesota Statutes, section
256B.0943;
new text end

new text begin (4) early intensive developmental and behavioral intervention under Minnesota Statutes,
section 256B.0949; and
new text end

new text begin (5) nonemergency medical transportation services under Minnesota Statutes, section
256B.0625, subdivision 17, except for nonemergency medical transportation provided by
public transit or not-for-hire vehicles.
new text end

new text begin Subd. 3. new text end

new text begin Emergency retention grants. new text end

new text begin The commissioner may make emergency retention
grants to providers of eligible services. The commissioner shall determine the number of
grants issued and the amount.
new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin (a) The commissioner shall develop an application form and
application process for emergency retention grants under this section. An applicant must
provide the following information in the application:
new text end

new text begin (1) eligibility for existing COVID-19-related emergency funding, including state and
federal small business loans;
new text end

new text begin (2) the provider's total revenue from medical assistance for eligible services provided
during January 2020;
new text end

new text begin (3) how the applicant anticipates using the grant within the allowable uses;
new text end

new text begin (4) the requested grant amount;
new text end

new text begin (5) an explanation of how the grant will allow the applicant to maintain the continuity
of the disability services infrastructure and prevent its failure during or following the
COVID-19 pandemic; and
new text end

new text begin (6) other information deemed necessary by the commissioner to evaluate grant
applications.
new text end

new text begin (b) If applications for grants exceed the available appropriations, the commissioner shall
give priority to grant applications from providers who are ineligible for existing
COVID-19-related funding or whose services cannot be delivered according to the temporary
service delivery standards developed by the commissioner under subdivision 10.
new text end

new text begin Subd. 5. new text end

new text begin Allowable uses of funds. new text end

new text begin The commissioner may issue grants to a provider of
eligible services for fixed costs associated with maintaining the provider's capacity to provide
services to its clients following the COVID-19 pandemic.
new text end

new text begin Subd. 6. new text end

new text begin Payments for services provided. new text end

new text begin Providers may continue to bill for services
provided while this section is effective, including for services provided according to the
temporary service delivery standards developed by the commissioner under subdivision 10.
new text end

new text begin Subd. 7. new text end

new text begin Condition of accepting emergency retention grants. new text end

new text begin As a condition of
accepting emergency retention grants under this section, a provider of eligible services must
agree in writing to:
new text end

new text begin (1) cooperate with the commissioner of human services to deliver services according to
the temporary service delivery standards developed by the commissioner under subdivision
10;
new text end

new text begin (2) notify the commissioner of human services of any additional federal, state, or
philanthropic COVID-19-related funding, including other COVID-19-related state or federal
grants or small business loans;
new text end

new text begin (3) repay emergency retention grants as required by subdivision 8 from any
COVID-19-related federal, state, or philanthropic funding, excluding the unforgiven portion
of any COVID-19-related loans;
new text end

new text begin (4) acknowledge that emergency retention grants may be subject to recoupment if a state
audit determines that the provider received additional emergency funding; and
new text end

new text begin (5) acknowledge that emergency retention grants may be subject to recoupment if a state
audit determines that inappropriate billing or duplicate payments for services occurred or
that the provider used awarded funds for purposes not authorized under this section.
new text end

new text begin Subd. 8. new text end

new text begin Assistance from other source. new text end

new text begin If a provider receives any additional
COVID-19-related federal, state, or philanthropic funding, the provider must notify the
commissioner of human services of the amount received. From the additional
COVID-19-related federal, state, or philanthropic funds received, excluding the unforgiven
portion of any COVID-19-related loans, the provider must reimburse the commissioner for
the grants the provider received under this section in an amount equal to either the amount
of the grant received or the aggregate amount of the additional emergency federal, state, or
philanthropic COVID-19-related funding received, minus the unforgiven portion of any
COVID-19-related loans, whichever is less. The state share of all money paid to the
commissioner under this subdivision must be deposited in the general fund.
new text end

new text begin Subd. 9. new text end

new text begin Recoupment. new text end

new text begin If the commissioner determines that the provider received
additional COVID-19-related federal, state, or philanthropic funding and failed to reimburse
the commissioner as required under subdivision 8, or that the provider used awarded funds
for purposes not authorized under this section, the commissioner shall treat any amount not
reimbursed as required under subdivision 6 and any amount used for a purpose not authorized
under subdivision 5 as an overpayment and recover the overpayment under Minnesota
Statutes, section 256B.0641.
new text end

new text begin Subd. 10. new text end

new text begin Temporary alternative service standards. new text end

new text begin The commissioner of human
services shall modify existing service delivery standards related to the scope and service
delivery location for services identified in subdivision 2 to promote service provision during
the time that subdivision 3 is effective.
new text end

new text begin Subd. 11. new text end

new text begin Federal waivers. new text end

new text begin The commissioner of human services shall seek approval
of all appropriate federal waivers, waiver plan amendments, and state plan amendments to
maximize federal financial participation in both emergency retention grants made under
this section and reimbursement rates for services provided according to the alternative
service delivery standards developed by the commissioner under subdivision 10.
new text end

new text begin Subd. 12. new text end

new text begin Expiration. new text end

new text begin Subdivision 3 expires January 31, 2021, or 60 days after the
peacetime emergency declared by the governor in an executive order that relates to the
infectious disease known as COVID-19 is terminated or rescinded by proper authority,
whichever occurs earlier.
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. 6. new text beginAPPROPRIATION; PERSONAL CARE ASSISTANCE TEMPORARY
RATE INCREASE.
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 following terms have
the meanings given.
new text end

new text begin (a) "Commissioner" means the commissioner of human services.
new text end

new text begin (b) "Covered program" has the meaning given in Minnesota Statutes, section 256B.0711,
paragraph (b).
new text end

new text begin (c) "Direct support professional" means an individual employed to personally provide
personal care assistance services covered by medical assistance under Minnesota Statutes,
section 256B.0625, subdivisions 19a and 19c; or to personally provide medical assistance
services covered under Minnesota Statutes, sections 256B.0913, 256B.092, 256B.49, or
Minnesota Statutes, chapter 256S. Direct support professional does not include managerial
or administrative staff who do not personally provide the services described in this paragraph.
new text end

new text begin (d) "Direct support services" has the meaning given in Minnesota Statutes, section
256B.0711, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Temporary rates for direct support services. new text end

new text begin (a) To respond to the infectious
disease known as COVID-19, the commissioner must temporarily increase rates and enhanced
rates by 15 percent for direct support services provided under a covered program or under
Minnesota Statutes, section 256B.0659, while this section is effective.
new text end

new text begin (b) Providers that receive a rate increase under this section must use at least 80 percent
of the additional revenue to increase wages and salaries for personal care assistants, and
any corresponding increase in the employer's share of FICA taxes, Medicare taxes, state
and federal unemployment taxes, and workers' compensation premiums; and any remainder
of the additional revenue for activities and items necessary to support compliance with
Centers for Disease Control and Prevention guidance on sanitation and personal protective
equipment.
new text end

new text begin Subd. 3. new text end

new text begin Capitation rates and directed payments. new text end

new text begin (a) To implement the temporary
rate increase under this section, managed care plans and county-based purchasing plans
shall increase rates and enhanced rates by 15 percent for the direct support services.
new text end

new text begin (b) In combination with contract amendments instructing plans to increase reimbursement
rates for direct support services, the commissioner shall adjust capitation rates paid to
managed care plans and county-based purchasing plans as needed to maintain managed
care plans' expected medical loss ratios.
new text end

new text begin (c) Contracts between managed care plans and providers and between county-based
purchasing plans and providers must allow recovery of payments from providers if federal
approval for the provisions of this subdivision is not received and the commissioner reduces
capitation payments as a result. Payment recoveries must not exceed the amount equal to
any decrease in rates that results from this paragraph.
new text end

new text begin Subd. 4. new text end

new text begin Consumer-directed community support budgets. new text end

new text begin Lead agencies shall
temporarily increase the budget for each recipient of consumer-directed community supports
to reflect a 15 percent rate increase for direct support services.
new text end

new text begin Subd. 5. new text end

new text begin Consumer support grants; increased maximum allowable grant. new text end

new text begin The
commissioner shall temporarily increase the maximum allowable monthly grant level for
each recipient of consumer support grants to reflect a 15 percent rate increase for direct
support services.
new text end

new text begin Subd. 6. new text end

new text begin Distribution plans. new text end

new text begin (a) A provider agency or individual provider that receives
a rate increase under subdivision 2 shall prepare, and upon request submit to the
commissioner, a distribution plan that specifies the anticipated amount and proposed uses
of the additional revenue the provider will receive under subdivision 2.
new text end

new text begin (b) By ....... 2020, the provider must post the distribution plan for a period of at least six
weeks in an area of the provider's operation to which all direct support professionals have
access. The provider must post with the distribution plan instructions on how to file an
appeal with the commissioner if direct support professionals do not believe they have
received the wage increase specified in the distribution plan. The instructions must include
a mailing address, electronic address, and telephone number that the direct support
professional may use to contact the commissioner or the commissioner's representative.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin This section expires January 31, 2021, or 60 days after the peacetime
emergency declared by the governor in an executive order that relates to the infectious
disease known as COVID-19 is terminated or rescinded by proper authority, whichever is
earlier.
new text end

new text begin Subd. 8. new text end

new text begin Appropriation. new text end

new text begin $....... is appropriated in fiscal year 2020 to the commissioner
of human services to implement the rate increase in this section. This is a onetime
appropriation and is available while this section is effective.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment 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. 7. new text beginAPPROPRIATION; HOME AND COMMUNITY-BASED SERVICES
TEMPORARY RATE INCREASE.
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 following terms have
the meanings given.
new text end

new text begin (a) "Commissioner" means the commissioner of human services.
new text end

new text begin (b) "Direct support professional" means an individual employed to personally provide
medical assistance services covered under Minnesota Statutes, sections 256B.0913, 256B.092,
256B.49, or Minnesota Statutes, chapter 256S. Direct support professional does not include
managerial or administrative staff who do not personally provide the services described in
this paragraph.
new text end

new text begin Subd. 2. new text end

new text begin Temporary rate increases. new text end

new text begin (a) To respond to the infectious disease known as
COVID-19, while this section is effective, the commissioner must temporarily increase by
ten percent the rates for the following services provided by the home and community-based
waiver programs under Minnesota Statutes, sections 256B.0913, 256B.092, 256B.49, and
Minnesota Statutes, chapter 256S:
new text end

new text begin (1) 24-hour customized living;
new text end

new text begin (2) community residential services;
new text end

new text begin (3) customized living;
new text end

new text begin (4) family residential services;
new text end

new text begin (5) foster care services;
new text end

new text begin (6) integrated community supports;
new text end

new text begin (7) supportive living services;
new text end

new text begin (8) adult day services;
new text end

new text begin (9) day training and habilitation;
new text end

new text begin (10) day support services;
new text end

new text begin (11) prevocational services;
new text end

new text begin (12) structured day services;
new text end

new text begin (13) employment exploration services;
new text end

new text begin (14) employment development services; and
new text end

new text begin (15) employment support services.
new text end

new text begin (b) Providers that receive a rate increase under this section must use at least 80 percent
of the additional revenue to increase wages and salaries of direct support professionals, and
any corresponding increase in the employer's share of FICA taxes, Medicare taxes, state
and federal unemployment taxes, and workers' compensation premiums; and any remainder
of the additional revenue for activities and items necessary to support compliance with
Centers for Disease Control and Prevention guidance on sanitation and personal protective
equipment.
new text end

new text begin Subd. 3. new text end

new text begin Capitation rates and directed payments. new text end

new text begin (a) To implement the temporary
rate increase under this section, managed care plans and county-based purchasing plans
shall increase rates by ten percent for the services described in subdivision 2.
new text end

new text begin (b) In combination with contract amendments instructing plans to increase reimbursement
rates for the services described in subdivision 2, the commissioner shall adjust capitation
rates paid to managed care plans and county-based purchasing plans as needed to maintain
managed care plans' expected medical loss ratios.
new text end

new text begin (c) Contracts between managed care plans and providers and between county-based
purchasing plans and providers must allow recovery of payments from providers if federal
approval for the provisions of this subdivision is not received and the commissioner reduces
capitation payments as a result. Payment recoveries must not exceed the amount equal to
any decrease in rates that results from this paragraph.
new text end

new text begin Subd. 4. new text end

new text begin Consumer support grants; increased maximum allowable grant. new text end

new text begin The
commissioner shall temporarily increase the maximum allowable monthly grant levels for
each recipient of a consumer support grant to reflect the ten percent temporary rate increase
for those services described in subdivision 2 that are purchased with the grant.
new text end

new text begin Subd. 5. new text end

new text begin Distribution plans. new text end

new text begin (a) A provider that receives a rate increase under subdivision
2 shall prepare, and upon request submit to the commissioner, a distribution plan that
specifies the anticipated amount and proposed uses of the additional revenue the provider
will receive under subdivision 2.
new text end

new text begin (b) ....... 2020, the provider must post the distribution plan for a period of at least six
weeks in an area of the provider's operation to which all direct support professionals have
access. The provider must post with the distribution plan instructions on how to file an
appeal with the commissioner if direct support professionals do not believe they have
received the wage increase specified in the distribution plan. The instructions must include
a mailing address, electronic address, and telephone number that the direct support
professional may use to contact the commissioner or the commissioner's representative.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires January 31, 2021, or 60 days after the peacetime
emergency declared by the governor in an executive order that relates to the infectious
disease known as COVID-19 is terminated or rescinded by proper authority, whichever is
earlier.
new text end

new text begin Subd. 7. new text end

new text begin Appropriation. new text end

new text begin $....... is appropriated in fiscal year 2020 to the commissioner
of human services to implement the rate increase in this section. This is a onetime
appropriation and is available while this section is effective.
new text end

new text begin EFFECTIVE DATE. new text end

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