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HF 2061

as introduced - 87th Legislature (2011 - 2012) Posted on 02/01/2012 11:42am

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

Bill Text Versions

Engrossments
Introduction Posted on 02/01/2012

Current Version - as introduced

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A bill for an act
relating to human services; modifying group residential housing; amending
Minnesota Statutes 2010, sections 256I.03, subdivision 2; 256I.04, subdivisions
1, 1b, 1c, 2; 256I.05, subdivisions 1, 1c, 1d, 1e, 1g, 1h, 1i, 1j, 1k, 1l, 1m, 1n, 3;
256I.06, subdivisions 1, 2, 7, 8; Minnesota Statutes 2011 Supplement, section
256I.05, subdivision 1a; proposing coding for new law in Minnesota Statutes,
chapter 256I; repealing Minnesota Statutes 2010, section 256I.04, subdivision 3.

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

Section 1.

Minnesota Statutes 2010, section 256I.03, subdivision 2, is amended to read:


Subd. 2.

Group residential housing rate.

"Group residential housing rate" means
a monthly rate set for shelter, fuel, food, utilities, household supplies, and other costs
necessary to provide room and board for eligible individuals. Group residential housing
rate does not include payments for foster care for children who are not blind, child
welfare services, medical care, dental care, hospitalization, nursing care, drugs or medical
supplies, program costs, or other social services. The rate is deleted text beginnegotiated by the county
agency
deleted text endnew text begin set by the commissionernew text end according to deleted text beginthe provisions ofdeleted text end sections 256I.01 to 256I.06.

Sec. 2.

Minnesota Statutes 2010, section 256I.04, subdivision 1, is amended to read:


Subdivision 1.

Individual eligibility requirements.

An individual is eligible for
and entitled to a group residential housing payment deleted text beginto be made on the individual's behalfdeleted text end
if the county agency has approved the individual's residence in a group residential housing
setting and the individual meets the requirements in paragraph (a) or (b).

(a) The individual is aged, blind, or is over 18 years of age and disabled as determined
under the criteria used by the title II program of the Social Security Act, and meets the
resource restrictions and standards of the supplemental security income program, and the
individual's countable income after deducting the (1) exclusions and disregards of the SSI
program, (2) the medical assistance personal needs allowance under section 256B.35, and
(3) an amount equal to the income actually made available to a community spouse by an
elderly waiver recipient under the provisions of sections 256B.0575, paragraph (a), clause
(4), and 256B.058, subdivision 2, is less than the deleted text beginmonthly rate specified in the county
agency's agreement with the provider of group residential housing in which the individual
resides
deleted text endnew text begin maximum group residential housing rate set by the commissionernew text end.

(b) The individual meets a category of eligibility under section 256D.05, subdivision
1
, paragraph (a), and the individual's resources are less than the standards specified by
section 256D.08, and the individual's countable income as determined under sections
256D.01 to 256D.21, less the medical assistance personal needs allowance under section
256B.35 is less than the deleted text beginmonthly rate specified in the county agency's agreement with the
provider of group residential housing in which the individual resides
deleted text endnew text begin maximum group
residential housing rate set by the commissioner
new text end.

Sec. 3.

Minnesota Statutes 2010, section 256I.04, subdivision 1b, is amended to read:


Subd. 1b.

Optional state supplements to SSI.

Group residential housing payments
made deleted text beginon behalf ofdeleted text endnew text begin tonew text end persons eligible under subdivision 1, paragraph (a), are optional state
supplements to the SSI program.

Sec. 4.

Minnesota Statutes 2010, section 256I.04, subdivision 1c, is amended to read:


Subd. 1c.

Interim assistance.

Group residential housing payments made deleted text beginon behalf
of
deleted text endnew text begin tonew text end persons eligible under subdivision 1, paragraph (b), are considered interim assistance
payments to applicants for the federal SSI program.

Sec. 5.

Minnesota Statutes 2010, section 256I.04, subdivision 2, is amended to read:


Subd. 2.

Date of eligibility.

An individual who has met the eligibility requirements
of subdivision 1, shall deleted text beginhavedeleted text endnew text begin receivenew text end a group residential housing payment deleted text beginmade on the
individual's behalf from
deleted text endnew text begin onnew text end the first day of the month in which a signed application form is
received by a county agency, or the first day of the month in which all eligibility factors
have been met, whichever is later.

Sec. 6.

new text begin [256I.045] PROTECTIVE PAYMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Need for protective payee. new text end

new text begin The county agency shall determine
whether a recipient needs a protective payee when a physical or mental condition renders
the recipient unable to manage funds and when payments to the recipient would be
contrary to the recipient's welfare. The determination of representative payment by the
Social Security Administration for the recipient is sufficient reason for protective payment
of Minnesota supplemental aid payments. The criteria used to determine a person's need
for a protective payee are the criteria used in the Supplemental Security Income program to
determine if a person is incapable of managing or directing the management of the person's
money. If the need for protective payment is likely to continue beyond two years, the
county agency shall seek judicial appointment of a guardian or other legal representative.
new text end

new text begin Subd. 2. new text end

new text begin Establishing protective payment. new text end

new text begin When the county agency determines
that a recipient needs a protective payee, the county agency shall appoint a payee. The
county agency shall consider the recipient's preference of protective payee. The protective
payee must have an interest in or concern for the welfare of the recipient. The protective
payee must be capable of and willing to provide the required assistance. A vendor of
goods or services, including the recipient's landlord, shall not serve as protective payee.
The county agency shall reconsider the need for a protective payee at least annually.
new text end

new text begin Subd. 3. new text end

new text begin Protective payee for payments made by Social Security Administration.
new text end

new text begin If the assistance unit receives benefits from the Social Security Administration, the county
agency shall also petition the Social Security Administration to establish a representative
payee for those benefits.
new text end

Sec. 7.

Minnesota Statutes 2010, section 256I.05, subdivision 1, is amended to read:


Subdivision 1.

Maximum rates.

Monthly room and board rates deleted text beginnegotiated by a
county agency
deleted text endnew text begin set by the commissionernew text end for a recipient living in group residential housing
must not exceed the MSA equivalent rate specified under section 256I.03, subdivision 5.

Sec. 8.

Minnesota Statutes 2011 Supplement, section 256I.05, subdivision 1a, is
amended to read:


Subd. 1a.

Supplementary service rates.

(a) deleted text beginSubject to the provisions of section
256I.04, subdivision 3,
deleted text end The deleted text begincounty agencydeleted text endnew text begin commissionernew text end may deleted text beginnegotiatedeleted text endnew text begin setnew text end a paymentnew text begin ratenew text end
not to exceed $426.37 for other services necessary to provide room and board provided
by the group residence if the residence is licensed by or registered by the Department of
Health, or licensed by the Department of Human Services to provide services in addition
to room and board, and if the provider of services is not also concurrently receiving
funding for services for a recipient under a home and community-based waiver under title
XIX of the Social Security Act; or funding from the medical assistance program under
section 256B.0659, for personal care services for residents in the setting; or residing in a
setting which receives funding under Minnesota Rules, parts 9535.2000 to 9535.3000. If
funding is available for other necessary services through a home and community-based
waiver, or personal care services under section 256B.0659, then the GRH rate is limited
to the rate set in subdivision 1. Unless otherwise provided in law, in no case may the
supplementary service rate exceed $426.37. The registration and licensure requirement
does not apply to establishments which are exempt from state licensure because they are
located on Indian reservations and for which the tribe has prescribed health and safety
requirements. Service payments under this section may be prohibited under rules to
prevent the supplanting of federal funds with state funds. The commissioner shall pursue
the feasibility of obtaining the approval of the Secretary of Health and Human Services to
provide home and community-based waiver services under title XIX of the Social Security
Act for residents who are not eligible for an existing home and community-based waiver
due to a primary diagnosis of mental illness or chemical dependency and shall apply for a
waiver if it is determined to be cost-effective.

(b) The commissioner is authorized to make cost-neutral transfers from the GRH
fund for beds under this section to other funding programs administered by the department
after consultation with the county or counties in which the affected beds are located.
The commissioner may also make cost-neutral transfers from the GRH fund to county
human service agencies for beds permanently removed from the GRH census under a plan
submitted by the county agency and approved by the commissioner. The commissioner
shall report the amount of any transfers under this provision annually to the legislature.

(c) The provisions of paragraph (b) do not apply to a facility that has its
reimbursement rate established under section 256B.431, subdivision 4, paragraph (c).

(d) deleted text beginCounties must not negotiate supplementary service rates with providers ofdeleted text endnew text begin In
order to receive a supplementary service rate,
new text end group residential housingnew text begin providersnew text end that
are licensed as board and lodging with special services deleted text beginand that do notdeleted text endnew text begin mustnew text end encourage a
policy of sobriety on their premises.

Sec. 9.

Minnesota Statutes 2010, section 256I.05, subdivision 1c, is amended to read:


Subd. 1c.

Rate increases.

deleted text beginA county agency may not increasedeleted text end The rates deleted text beginnegotiateddeleted text endnew text begin
paid
new text end for group residential housingnew text begin must not be increasednew text end above those in effect on June 30,
1993, except as provided in paragraphs (a) to (g).

(a) deleted text beginA countydeleted text endnew text begin The commissionernew text end may increase the rates for group residential housing
settings to the MSA equivalent rate for those settings whose current rate is below the
MSA equivalent rate.

(b) deleted text beginA county agencydeleted text endnew text begin The commissionernew text end may increase the rates for residents in adult
foster care whose difficulty of care has increased. The total group residential housing rate
for these residents must not exceed the maximum rate specified in subdivisions 1 and
1a. deleted text beginCounty agenciesdeleted text endnew text begin The commissionernew text end must not include nor increase group residential
housing difficulty of care rates for adults in foster care whose difficulty of care is eligible
for funding by home and community-based waiver programs under title XIX of the Social
Security Act.

(c) The room and board rates will be increased each year when the MSA equivalent
rate is adjusted for SSI cost-of-living increases by the amount of the annual SSI increase,
less the amount of the increase in the medical assistance personal needs allowance under
section 256B.35.

(d) When a group residential housing rate is used to pay for an individual's room
and board, or other costs necessary to provide room and board, the rate payable to
the residence must continue for up to 18 calendar days per incident that the person is
temporarily absent from the residence, not to exceed 60 days in a calendar year, if the
absence or absences have received the prior approval of the county agency's social service
staff. Prior approval is not required for emergency absences due to crisis, illness, or injury.

(e) For facilities meeting substantial change criteria within the prior year. Substantial
change criteria exists if the group residential housing establishment experiences a 25
percent increase or decrease in the total number of its beds, if the net cost of capital
additions or improvements is in excess of 15 percent of the current market value of the
residence, or if the residence physically moves, or changes its licensure, and incurs a
resulting increase in operation and property costs.

deleted text begin (f) Until June 30, 1994, a county agency may increase by up to five percent the total
rate paid for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33 to
256D.54 who reside in residences that are licensed by the commissioner of health as
a boarding care home, but are not certified for the purposes of the medical assistance
program. However, an increase under this clause must not exceed an amount equivalent to
65 percent of the 1991 medical assistance reimbursement rate for nursing home resident
class A, in the geographic grouping in which the facility is located, as established under
Minnesota Rules, parts 9549.0050 to 9549.0058.
deleted text end

deleted text begin (g) For the rate year beginning July 1, 1996, a county agency may increase the total
rate paid for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33 to
256D.54 who reside in a residence that meets the following criteria:
deleted text end

deleted text begin (1) it is licensed by the commissioner of health as a boarding care home;
deleted text end

deleted text begin (2) it is not certified for the purposes of the medical assistance program;
deleted text end

deleted text begin (3) at least 50 percent of its residents have a primary diagnosis of mental illness;
deleted text end

deleted text begin (4) it has at least 17 beds; and
deleted text end

deleted text begin (5) it provides medication administration to residents.
deleted text end

deleted text begin The rate following an increase under this paragraph must not exceed an amount
equivalent to the average 1995 medical assistance payment for nursing home resident
class A under the age of 65, in the geographic grouping in which the facility is located, as
established under Minnesota Rules, parts 9549.0010 to 9549.0080.
deleted text end

Sec. 10.

Minnesota Statutes 2010, section 256I.05, subdivision 1d, is amended to read:


Subd. 1d.

Certain facilities for mental illness or chemical dependency; rates.

Notwithstanding the provisions of subdivisions 1a and 1c, deleted text begina county agency may negotiatedeleted text endnew text begin
the commissioner may set
new text end a supplementary service rate in addition to the board and lodging
rate for facilities licensed and registered by the Minnesota Department of Health under
section 157.17 prior to December 31, 1996, if the facility meets the following criteria:

(1) at least 75 percent of the residents have a primary diagnosis of mental illness,
chemical dependency, or both, and have related special needs;

(2) the facility provides 24-hour, on-site, year-round supportive services by qualified
staff capable of intervention in a crisis of persons with late-state inebriety or mental illness
who are vulnerable to abuse or neglect;

(3) the services at the facility include, but are not limited to:

(i) secure central storage of medication;

(ii) reminders and monitoring of medication for self-administration;

(iii) support for developing an individual medical and social service plan, updating
the plan, and monitoring compliance with the plan; and

(iv) assistance with setting up meetings, appointments, and transportation to access
medical, chemical health, and mental health service providers;

(4) each resident has a documented need for at least one of the services provided;

(5) each resident has been offered an opportunity to apply for admission to a licensed
residential treatment program for mental illness, chemical dependency, or both, have
refused that offer, and the offer and their refusal has been documented to writing; and

(6) the residents are not eligible for home and community-based services waivers
because of their unique need for community support.

Until June 30, 2002, the supplementary service rate of qualifying facilities under this
subdivision may be increased by up to 15 percent of the supplementary service rate in
effect on January 1, 2001, for the facility. Qualifying facilities with no supplementary
service rate may negotiate a supplementary service rate not to exceed $300 per month.

Sec. 11.

Minnesota Statutes 2010, section 256I.05, subdivision 1e, is amended to read:


Subd. 1e.

Supplementary rate for certain facilities.

Notwithstanding the
provisions of subdivisions 1a and 1c, beginning July 1, 2005, deleted text begina county agencydeleted text endnew text begin the
commissioner
new text end shall deleted text beginnegotiatedeleted text endnew text begin setnew text end a supplementary rate in addition to the rate specified
in subdivision 1, not to exceed $700 per month, including any legislatively authorized
inflationary adjustments, for a group residential housing provider that:

(1) is located in Hennepin County and has had a group residential housing contract
with the county since June 1996;

(2) operates in three separate locations a 75-bed facility, a 50-bed facility, and a
26-bed facility; and

(3) serves a chemically dependent clientele, providing 24 hours per day supervision
and limiting a resident's maximum length of stay to 13 months out of a consecutive
24-month period.

Sec. 12.

Minnesota Statutes 2010, section 256I.05, subdivision 1g, is amended to read:


Subd. 1g.

Supplementary service rate for certain facilities.

On or after July 1,
2005, deleted text begina county agency may negotiatedeleted text endnew text begin the commissioner may setnew text end a supplementary service
rate for recipients of assistance under section 256I.04, subdivision 1, paragraph (b), who
relocate from a homeless shelter licensed and registered prior to December 31, 1996,
by the Minnesota Department of Health under section 157.17, to a supportive housing
establishment developed and funded in whole or in part with funds provided specifically
as part of the plan to end long-term homelessness required under Laws 2003, chapter 128,
article 15, section 9, not to exceed $456.75.

Sec. 13.

Minnesota Statutes 2010, section 256I.05, subdivision 1h, is amended to read:


Subd. 1h.

Supplementary rate for certain facilities serving chemically dependent
males.

Notwithstanding subdivisions 1a and 1c, beginning July 1, 2007, deleted text begina county agency
shall negotiate
deleted text endnew text begin the commissioner shall setnew text end a supplementary rate in addition to the rate
specified in subdivision 1, not to exceed $737.87 per month, including any legislatively
authorized inflationary adjustments, for a group residential housing provider that:

(1) is located in Ramsey County and has had a group residential housing contract
with the county since 1982 and has been licensed as a board and lodge facility with special
services since 1979; and

(2) serves recovering and chemically dependent males, providing 24-hour-a-day
supervision.

Sec. 14.

Minnesota Statutes 2010, section 256I.05, subdivision 1i, is amended to read:


Subd. 1i.

Supplementary rate for certain facilities; Hennepin County.

Notwithstanding the provisions of subdivisions 1a and 1c, deleted text begina county agency shall negotiatedeleted text endnew text begin
the commissioner shall set
new text end a supplementary rate in addition to the rate specified in
subdivision 1, not to exceed $700 per month, including any legislatively authorized
inflationary adjustments, up to the available appropriation, for a facility located in
Hennepin County with a capacity of up to 48 beds that has been licensed since 1978 as a
board and lodging facility and that until August 1, 2007, operated as a licensed chemical
dependency treatment program.

Sec. 15.

Minnesota Statutes 2010, section 256I.05, subdivision 1j, is amended to read:


Subd. 1j.

Supplementary rate for certain facilities; Crow Wing County.

Notwithstanding the provisions of subdivisions 1a and 1c, beginning July 1, 2007, deleted text begina
county agency shall negotiate
deleted text endnew text begin the commissioner shall setnew text end a supplementary rate in addition
to the rate specified in subdivision 1, not to exceed $700 per month, including any
legislatively authorized inflationary adjustments, for a new 65-bed facility in Crow Wing
County that will serve chemically dependent persons operated by a group residential
housing provider that currently operates a 304-bed facility in Minneapolis and a 44-bed
facility in Duluth which opened in January of 2006.

Sec. 16.

Minnesota Statutes 2010, section 256I.05, subdivision 1k, is amended to read:


Subd. 1k.

Supplementary rate for certain facilities; Stearns, Sherburne, or
Benton County.

Notwithstanding the provisions of this section, beginning July 1, 2009,
deleted text begin a county agency shall negotiatedeleted text endnew text begin the commissioner shall setnew text end a supplementary service
rate in addition to the rate specified in subdivision 1, not to exceed $700 per month,
including any legislatively authorized inflationary adjustments, for a group residential
housing provider located in Stearns, Sherburne, or Benton County that operates a 40-bed
facility, that received financing through the Minnesota Housing Finance Agency Ending
Long-Term Homelessness Initiative and serves chemically dependent clientele, providing
24-hour-a-day supervision.

Sec. 17.

Minnesota Statutes 2010, section 256I.05, subdivision 1l, is amended to read:


Subd. 1l.

Supplementary rate for certain facilities; St. Louis County.

Notwithstanding the provisions of this section, beginning July 1, 2007, deleted text begina county agency
shall negotiate
deleted text endnew text begin the commissioner shall setnew text end a supplementary service rate in addition to the
rate specified in subdivision 1, not to exceed $700 per month, including any legislatively
authorized inflationary adjustments, for a group residential housing provider located
in St. Louis County that operates a 30-bed facility, that received financing through the
Minnesota Housing Finance Agency Ending Long-Term Homelessness Initiative and
serves chemically dependent clientele, providing 24-hour-a-day supervision.

Sec. 18.

Minnesota Statutes 2010, section 256I.05, subdivision 1m, is amended to read:


Subd. 1m.

Supplemental rate for certain facilities; Hennepin and Ramsey
Counties.

(a) Notwithstanding the provisions of this section, beginning July 1, 2007, deleted text begina
county agency shall negotiate
deleted text endnew text begin the commissioner shall setnew text end a supplemental service rate in
addition to the rate specified in subdivision 1, not to exceed $700 per month or the existing
monthly rate, whichever is higher, including any legislatively authorized inflationary
adjustments, for a group residential housing provider that operates two ten-bed facilities,
one located in Hennepin County and one located in Ramsey County, which provide
community support and serve the mental health needs of individuals who have chronically
lived unsheltered, providing 24-hour-per-day supervision.

(b) An individual who has lived in one of the facilities under paragraph (a), who
is being transitioned to independent living as part of the program plan continues to be
eligible for group residential housing and the supplemental service rate negotiated with
the county under paragraph (a).

Sec. 19.

Minnesota Statutes 2010, section 256I.05, subdivision 1n, is amended to read:


Subd. 1n.

Supplemental rate; Mahnomen County.

Notwithstanding the provisions
of this section, for the rate period July 1, 2010, to June 30, 2011, deleted text begina county agency shall
negotiate
deleted text endnew text begin the commissioner shall setnew text end a supplemental service rate in addition to the rate
specified in subdivision 1, not to exceed $753 per month or the existing rate, including any
legislative authorized inflationary adjustments, for a group residential provider located in
Mahnomen County that operates a 28-bed facility providing 24-hour care to individuals
who are homeless, disabled, chemically dependent, mentally ill, or chronically homeless.

Sec. 20.

Minnesota Statutes 2010, section 256I.05, subdivision 3, is amended to read:


Subd. 3.

Limits on rates.

When a group residential housing rate is used to pay
for an individual's room and board, the rate payable to the deleted text beginresidencedeleted text endnew text begin individualnew text end must
not exceed the rate paid by an individual not receiving a group residential housing rate
under this chapter.

Sec. 21.

Minnesota Statutes 2010, section 256I.06, subdivision 1, is amended to read:


Subdivision 1.

Monthly payments.

Monthly payments deleted text beginmade on an individual's
behalf
deleted text end for group residential housing must be issuednew text begin to the individualnew text end as a voucher deleted text beginor
vendor payment
deleted text end.

Sec. 22.

Minnesota Statutes 2010, section 256I.06, subdivision 2, is amended to read:


Subd. 2.

Time of payment.

deleted text beginA county agencydeleted text endnew text begin The commissionernew text end may make
payments to deleted text begina group residencedeleted text end new text beginan individual new text endin advance for an individual whose stay in the
group residence is expected to last beyond the calendar month for which the payment is
made and who does not expect to receive countable earned income during the month for
which the payment is made. Group residential housing payments made by deleted text begina county agency
on behalf of
deleted text endnew text begin the commissioner tonew text end an individual who is not expected to remain in the group
residence beyond the month for which payment is made must be made subsequent to the
individual's departure from the group residence. Group residential housing payments
made by deleted text begina county agency on behalf ofdeleted text endnew text begin the commissioner tonew text end an individual with countable
earned income must be made subsequent to receipt of a monthly household report form.

Sec. 23.

Minnesota Statutes 2010, section 256I.06, subdivision 7, is amended to read:


Subd. 7.

Determination of rates.

The deleted text begincounty in which a group residence is locateddeleted text endnew text begin
commissioner
new text end will determine the amount of group residential housing rate to be paid deleted text beginon
behalf of
deleted text endnew text begin tonew text end an individualnew text begin residingnew text end in deleted text beginthedeleted text endnew text begin anew text end group residence deleted text beginregardless of the individual's
county of financial responsibility
deleted text end.

Sec. 24.

Minnesota Statutes 2010, section 256I.06, subdivision 8, is amended to read:


Subd. 8.

Amount of group residential housing payment.

The amount of a group
residential housing payment to be made deleted text beginon behalf ofdeleted text endnew text begin tonew text end an eligible individual is determined
by subtracting the individual's countable income under section 256I.04, subdivision 1, for
a whole calendar month from the group residential housing charge for that same month.
The group residential housing charge is determined by multiplying the group residential
housing rate times the period of time the individual was a resident or temporarily absent
under section 256I.05, subdivision 1c, paragraph (d).

Sec. 25. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 256I.04, subdivision 3, new text end new text begin is repealed.
new text end