Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 1445

as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2017 12:33pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/20/2017

Current Version - as introduced

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
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 2.33 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

A bill for an act
relating to human services; establishing an exception to budget methodology for
persons leaving institutions and crisis residential settings; modifying
consumer-directed community supports budget methodology; requiring reports;
amending Laws 2015, chapter 71, article 7, section 54; proposing coding for new
law in Minnesota Statutes, chapter 256B.

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

Section 1.

new text begin [256B.4915] EXCEPTION TO THE BUDGET METHODOLOGY FOR
PERSONS LEAVING INSTITUTIONS AND CRISIS RESIDENTIAL SETTINGS.
new text end

new text begin (a) By September 30, 2017, the commissioner shall establish an institutional and crisis
bed consumer-directed community supports budget exception process as described in the
home and community-based services waivers under sections 256B.092 and 256B.49. This
budget exception process shall be available for any individual who:
new text end

new text begin (1) is not offered available and appropriate services within 60 days since approval for
discharge from the individual's current institutional setting; or
new text end

new text begin (2) requires services that are more expensive than appropriate less-restrictive services
using the consumer-directed community supports option.
new text end

new text begin (b) Institutional settings for purposes of this exception include intermediate care facilities
for persons with developmental disabilities; nursing facilities; acute care hospitals; Anoka
Metro Regional Treatment Center; Minnesota Security Hospital; and crisis beds. The budget
exception shall be limited to no more than the amount of appropriate less-restrictive available
services determined by the lead agency managing the individual's home and community-based
services waiver. The lead agency shall notify the Department of Human Services of the
budget exception.
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.

Laws 2015, chapter 71, article 7, section 54, is amended to read:


Sec. 54. new text beginEXPANSION OF new text endCONSUMER-DIRECTED COMMUNITY SUPPORTS
BUDGET METHODOLOGY EXCEPTION.

(a) No later than September 30, deleted text begin2015deleted text endnew text begin 2017new text end, if necessary, the commissioner of human
services shall submit an amendment to the Centers for Medicare and Medicaid Services for
the home and community-based services waivers authorized under Minnesota Statutes,
sections 256B.092 and 256B.49, to deleted text beginestablish andeleted text endnew text begin expand the 2015new text end exception to the
consumer-directed community supports budget methodology to provide up to deleted text begin20deleted text endnew text begin 30new text end percent
more funds fornew text begin bothnew text end:

(1) consumer-directed community supports participants who deleted text beginhave graduated from high
school and
deleted text end have a coordinated service and support plan which identifies the need for deleted text beginmore
services under consumer-directed community supports, either prior to graduation or in order
to increase the amount of time a person works or to improve their employment opportunities,
deleted text endnew text begin
an increased amount of services or supports under consumer-directed community supports
new text end
than the amount they are deleted text begineligible to receivedeleted text endnew text begin currently receivingnew text end under the deleted text begincurrentdeleted text end
consumer-directed community supports budget methodologydeleted text begin; anddeleted text endnew text begin:
new text end

new text begin (i) to increase the amount of time a person works or otherwise improves employment
opportunities;
new text end

new text begin (ii) to plan a transition to, move to, or live in a setting as described in Minnesota Statutes,
section 256D.44, subdivision 5, paragraph (f), clause (1), item (ii), or (g); or
new text end

new text begin (iii) to develop and implement a positive behavior support plan;
new text end

(2) home and community-based waiver participants who are currently using licensed
deleted text begin servicesdeleted text endnew text begin providersnew text end for employment supports or services during the day new text beginor residential services,
either of
new text endwhich cost more annually than the person would spend under a consumer-directed
community supports plan for deleted text beginindividualized employment supports or services during the
day
deleted text endnew text begin any or all of the supports needed to meet the goals identified in paragraph (a), clause
(1)
new text end.

(b) The exception under paragraph (a) is limited to those persons who can demonstrate
either that they will have to deleted text beginleavedeleted text endnew text begin discontinue usingnew text end consumer-directed community supports
and deleted text beginusedeleted text endnew text begin acceptnew text end other new text beginnon-self-directed new text endwaiver services because their deleted text beginneed for day or
employment
deleted text end supports new text beginneeded for the goals described in paragraph (a), clause (1), new text endcannot be
met within the consumer-directed community supports budget limits deleted text beginor they will move to
consumer-directed community supports and their services will cost less than services
currently being used
deleted text end.

new text begin (c) The exception under paragraph (a), clause (2), is limited to those persons who can
demonstrate that, upon choosing to become a consumer-directed community support
participant, the total cost of services, including the exception, will be less than the cost of
current waiver services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The exception under this section is effective October 1, 2017, 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. 3. new text beginCONSUMER-DIRECTED COMMUNITY SUPPORTS REVISED BUDGET
METHODOLOGY REPORT.
new text end

new text begin (a) The commissioner of human services, in consultation with stakeholders and others
including representatives of lead agencies, home and community-based services waiver
participants using consumer-directed community supports, advocacy groups, state agencies,
the Institute on Community Integration at the University of Minnesota, and service and
financial management providers, shall develop a revised consumer-directed community
supports budget methodology. The new methodology shall be based on (1) the costs of
providing services as reflected by the wage and other relevant components incorporated in
the disability waiver rate formulas under chapter 256B, and (2) state to county waiver-funding
methodologies. The new methodology should develop individual consumer-directed
community supports budgets comparable to those provided for similar needs individuals if
paying for non-consumer-directed community supports waiver services.
new text end

new text begin (b) By December 15, 2018, the commissioner shall report a revised consumer-directed
community supports budget methodology, including proposed legislation and funding
necessary to implement the new methodology, to the chairs and ranking minority members
of the house of representatives and senate committees with jurisdiction over health and
human services.
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