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SF 3749

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2020 04:00pm

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 the customized living quality improvement
grant program; amending Laws 2019, First Special Session chapter 9, article 4,
section 28; article 14, section 2, subdivision 27; proposing coding for new law in
Minnesota Statutes, chapter 256.

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

Section 1.

new text begin [256.479] CUSTOMIZED LIVING PROVIDER GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and authority. new text end

new text begin (a) From available appropriations, the
commissioner must establish a customized living provider grant program to assist licensed
comprehensive home care providers and licensed assisted living facilities that serve a high
percentage of clients or residents who receive home and community-based waiver services
under chapter 256S and section 256B.49.
new text end

new text begin (b) The commissioner shall solicit grant applications from eligible providers for individual
annual grants of $1,000 per recipient of home and community-based waiver services under
chapter 256S and section 256B.49, not to exceed $50,000.
new text end

new text begin Subd. 2. new text end

new text begin Eligible providers. new text end

new text begin (a) A licensed assisted living facility is eligible for a
customized living provider grant only if:
new text end

new text begin (1) the facility's capacity in the calendar year prior to the calendar year in which the
facility applies for a grant was 75 residents or greater; and
new text end

new text begin (2) residents who received home and community-based waiver services under chapter
256S and section 256B.49 comprised more than 75 percent of the facility's capacity in the
calendar year prior to the calendar year in which the facility applies for a grant.
new text end

new text begin (b) A licensed comprehensive home care provider is eligible for a customized living
provider grant only if:
new text end

new text begin (1) the provider's total client population in the calendar year prior to the calendar year
in which the provider applies for a grant averaged 75 clients or greater; and
new text end

new text begin (2) clients who received home and community-based waiver services under chapter
256S and section 256B.49 comprised more than 75 percent of the provider's total client
population in the calendar year prior to the calendar year in which the facility applies for a
grant.
new text end

new text begin (c) If a customized living provider is dually licensed as an assisted living facility and a
comprehensive home care provider, the provider may apply for two grants. The commissioner
may authorize the provider one grant to assist the provider in serving the residents of the
provider's licensed assisted living facility and an additional grant to assist the provider in
serving the provider's clients who do not reside in the provider's licensed facility. The
commissioner shall apply the eligibility requirements of this section independently to each
grant application.
new text end

new text begin Subd. 3. new text end

new text begin Grant application. new text end

new text begin To apply for a grant under this section, a provider must
submit a notarized attestation signed by the provider's chair of the board of directors,
executive director, chief executive officer, or other person designated by the provider's
board of directors stating the provider's number of clients or residents during the prior
calendar year and the percentage of those clients or residents who received home and
community-based waiver services under chapter 256S and section 256B.49 during the prior
calendar year.
new text end

new text begin Subd. 4. new text end

new text begin Census audits and recovery of grant funds. new text end

new text begin The commissioner of human
services, in cooperation with the commissioner of health, may audit a grant recipient's client
and resident census to determine the accuracy of the attestation submitted under subdivision
3. If the commissioner of human services determines that a grant recipient's application was
inaccurate, the commissioner shall treat the grant payment as an overpayment and seek to
recover the overpayment in the same manner by which the commissioner of human services
recovers medical assistance overpayments under sections 256B.064 and 256B.0641.
new text end

new text begin Subd. 5. new text end

new text begin Contested case proceeding requests. new text end

new text begin To challenge the commissioner's
determination under subdivision 4, a grant recipient may request a contested case proceeding
in the same manner as a vendor under section 256B.0643.
new text end

new text begin Subd. 6. new text end

new text begin Awarding of grants. new text end

new text begin The commissioner shall award grants to eligible applicants
in descending order of percentage of the applicant's total client or resident population who
received home and community-based waiver services under chapter 256S and section
256B.49 during the calendar year prior to the calendar year in which the facility applies for
a grant.
new text end

Sec. 2.

Laws 2019, First Special Session chapter 9, article 4, section 28, is amended to
read:


Sec. 28. DIRECTION TO COMMISSIONER; ELDERLY WAIVER CUSTOMIZED
LIVING SERVICE PROVIDERS.

(a) The commissioner of human services shall develop incentive-based grants to be
available during fiscal deleted text beginyearsdeleted text endnew text begin yearnew text end 2020 deleted text beginand 2021deleted text end only for elderly waiver customized living
service providers for achieving outcomes specified in a contract. The commissioner may
solicit proposals from providers and implement those that, on a competitive basis, best meet
the state's policy objectives, giving preference to providers that serve at least 75 percent
elderly waiver participants. The commissioner shall limit expenditures under this subdivision
to the amount appropriated for this purpose.

(b) In establishing the specified outcomes and related criteria, the commissioner shall
consider the following state policy objectives:

(1) provide more efficient, higher quality services;

(2) encourage home and community-based services providers to innovate;

(3) equip home and community-based services providers with organizational tools and
expertise to improve their quality;

(4) incentivize home and community-based services providers to invest in better services;
and

(5) disseminate successful performance improvement strategies statewide.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 3.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 27,
is amended to read:


Subd. 27.

Grant Programs; Aging and Adult
Services Grants

32,311,000
32,495,000

deleted text begin Incentive-Based Grants fordeleted text end Customized
Living Service deleted text beginProvidersdeleted text endnew text begin Provider Grantsnew text end.

new text begin (a) new text end$500,000 in fiscal year 2020 deleted text beginand $500,000
in fiscal year 2021 are
deleted text endnew text begin isnew text end for incentive-based
grants to elderly waiver customized living
service providers under article 4, section 28.

new text begin (b) $500,000 in fiscal year 2021 is for
customized living service provider grants
under Minnesota Statutes, section 256.479.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end