Minnesota Legislature
HF 3955
1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 1st Unofficial Engrossment
1.2relating to state government; regulating certain payments to I-35W bridge
1.3collapse survivors; promoting community-based care for older adults through the
1.4establishment of a community consortium demonstration project; establishing
1.5a community consortium account in the general fund to distribute pooled
1.6resources; requiring an evaluation of the demonstration project; amending 2008
1.7H. F. No. 2553, section 5, subdivision 3, if enacted;proposing coding for new
1.8law in Minnesota Statutes, chapter 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. [3.7395] PUBLIC ASSISTANCE.
1.11 Subdivision 1. Eligibility. Payments made to victims under sections 3.7391 to
1.123.7394 and the catastrophe survivor compensation fund shall not be counted as income,
1.13assets, or resources for purposes of eligibility for health care and maintenance programs
1.14under chapters 256B, 256D, 256J, and 256L. Victims and their families who would
1.15otherwise be eligible for and enrolled in health care programs with federal funding shall
1.16be eligible for and enrolled in health care programs paid with state funding until and
1.17unless federal approval of this exclusion is granted. The commissioner of human services
1.18shall pursue the federal approval necessary to exclude these payments under federally
1.19funded health care programs.
1.20 Subd. 2. Subrogation. For the purpose of medical assistance and MinnesotaCare,
1.21the Department of Human Services shall pay the federal financial participation for the
1.22portion of any payment that is required to be treated as primary to Medicaid.
1.23EFFECTIVE DATE.This section is effective at the time that 2008 H.F. No. 2553,
1.24if enacted, takes effect.
2.1 Sec. 2. 2008 H.F. NO. 2553, SECTION 5, SUBDIVISION 3, IF ENACTED, IS
2.2AMENDED TO READ:
2.3 Subd. 3. Payments from other sources. Notwithstanding any statutory or common
2.4law or agreement to the contrary, a person required to make payments, including future
2.5payments, to a survivor maynot eliminate or reduce those payments as a result of
2.6compensation paid to the survivor under section 3.7393 or from the emergency relief fund
2.7or as a result of the survivor's release of claims against the state, a municipality, or their
2.8employees under section 3.7393 only to the extent those payments represent damages for
2.9future losses for which the survivor received compensation under section 3.7393 or from
2.10the emergency relief fund. The obligation of any person other than the state to make
2.11payments to a survivor is primary as compared to any payment made or to be made under
2.12section 3.7393 or from the emergency relief fund. The persons referenced in and covered
2.13by this subdivision and subdivision 4 include, without limitation:
2.14 (1) reparation obligors, as defined in section 65B.43, subdivision 9, whether they are
2.15insurers or self-insurers;
2.16 (2) health plan companies, as defined in section 62Q.01, subdivision 4, including the
2.17Minnesota Comprehensive Health Association created under section 62E.10;
2.18 (3) insurance companies, as defined in section 60A.02, subdivision 4;
2.19 (4) self-insured pools of political subdivisions organized under section 471.617 or
2.20471.981, including service cooperatives pools organized under section 123A.21;
2.21 (5) risk retention groups, as defined in section 60E.02, subdivision 12;
2.22 (6) joint self-insurance plans governed by chapter 60F;
2.23 (7) workers' compensation insurers and private self-insurers, as defined in section
2.2479.01;
2.25 (8) the Minnesota Life and Health Insurance Guaranty Association governed by
2.26chapter 61B;
2.27 (9) the Minnesota Insurance Guaranty Association governed by chapter 60C;
2.28 (10) the Minnesota Joint Underwriting Association governed by chapter 62I;
2.29 (11) all insurers providing credit life, credit accident and health, and credit
2.30involuntary unemployment insurance under chapter 62B, but also including those
2.31coverages written in connection with real estate mortgage loans and those provided to
2.32borrowers at no additional cost;
2.33 (12) the Minnesota unemployment insurance program provided under chapter 268;
2.34 (13) coverage offered by the state under medical assistance, general assistance
2.35medical care, and MinnesotaCare; and
3.1 (14) any other plan providing health, life, disability income, or long-term care
3.2coverage.
3.3EFFECTIVE DATE.This section is effective at the time that 2008 H.F. No. 2553,
3.4if enacted, takes effect.
3.5 Sec. 3. OLDER ADULT SERVICES COMMUNITY CONSORTIUMS.
3.6 Subdivision 1. Establishment. (a) The commissioner of human services, in
3.7cooperation with the commissioners of health and housing finance, shall develop and
3.8implement, beginning July 1, 2009, a three-year demonstration project for older adult
3.9services community consortiums. An older adult services community consortium may
3.10consist of health care and social service providers, county agencies, health plan companies,
3.11and other community stakeholders within a demonstration site that have established a
3.12process for joint decision making. Demonstration sites may include a portion of a county,
3.13an entire county, or multiple counties.
3.14 (b) Each community consortium seeking to participate as a demonstration site must
3.15submit an application to the commissioner. The application must include:
3.16 (1) a description of the entities participating in the consortium, the scope of
3.17collaboration, and the process to be used for joint-decision making;
3.18 (2) the methods by which the consortium plans to achieve the goals specified in
3.19subdivision 2;
3.20 (3) a description of the proposed demonstration site; and
3.21 (4) other information the commissioner determines to be necessary to evaluate
3.22proposals.
3.23 (c) The commissioner of human services shall establish a process to review and
3.24consider applicants. The commissioner shall designate up to three community consortiums
3.25as demonstration projects.
3.26 (d) Each community consortium selected to participate shall establish a local group
3.27to assist in planning, designing, implementing, and evaluating the coordinated service
3.28delivery system within the demonstration site. Planning for each consortium shall build
3.29upon current planning processes developed by county gaps analyses and Elder Care
3.30Development Partnerships under Minnesota Statutes, section 256B.0917.
3.31 Subd. 2. Goals. The community consortium demonstration projects are intended to
3.32accelerate the development of community based services to fill in gaps identified within
3.33communities by using a pool of funds and providing flexibility in the use and distribution
3.34of these funds within each demonstration site. These projects must be designed to:
3.35 (1) ensure consumer access to a continuum of older adult services;
4.1 (2) create an adequate supply of affordable home-based alternatives to care for
4.2persons currently using nursing facilities or likely to need nursing facility services in
4.3the future;
4.4 (3) establish and achieve measurable performance targets for care delivered
4.5throughout the continuum of care; and
4.6 (4) support the management of chronic and complex conditions through greater
4.7coordination of all services needed by older adults.
4.8 Subd. 3. Priority for other grants. The commissioner of health shall give priority
4.9to community consortiums selected under subdivision 1 when awarding technology-related
4.10grants, if the consortiums are using technology as a part of their proposal. To the extent
4.11that the commissioner of the Minnesota Housing Finance Agency funds projects to
4.12create or preserve affordable housing options for older adults, the commissioner shall
4.13give priority to financially feasible projects proposed or supported by community
4.14consortiums selected under subdivision 1. The commissioner of transportation shall
4.15give priority to community consortiums selected under subdivision 1 when distributing
4.16transportation-related funds to create transportation options for older adults.
4.17 Subd. 4. Federal approval. The commissioner of human services may request any
4.18federal approvals or waivers necessary to implement the community consortiums under
4.19the medical assistance program and include medical assistance funding as specified in
4.20subdivision 7 in the community consortium account.
4.21 Subd. 5. State waivers. The commissioner of health may waive applicable state
4.22laws and rules on a time-limited basis if the commissioner of health determines that a
4.23participating consortium requires a waiver in order to achieve demonstration project goals.
4.24 Subd. 6. Quality measures. (a) Community consortiums participating in the
4.25demonstration project shall report information to the commissioner of human services
4.26necessary to evaluate the demonstration project, in the form and manner specified by
4.27the commissioner. The information collected by the commissioner must include both
4.28process and outcome measures, including, but not limited to, measures related to enrollee
4.29satisfaction, service delivery, service coordination, service access, use of technology,
4.30individual outcomes, and costs.
4.31 (b) Participating consortiums shall identify state policies that limit the extent to
4.32which project goals can be achieved and recommend necessary changes to the appropriate
4.33state agencies.
4.34 Subd. 7. Community consortium financing. (a) The commissioner of health shall
4.35reserve ten percent of any funds appropriated for the biennium ending June 30, 2011,
5.1for the nursing home moratorium exception process under Minnesota Statutes, section
5.2144A.073, for distribution to qualifying projects that are part of a community consortium.
5.3 (b) Notwithstanding Minnesota Statutes, section 256B.434, subdivision 4, paragraph
5.4(d), the nursing facility performance incentive payments shall be reduced by ten percent
5.5for the biennium ending June 30, 2011. This shall be a onetime reduction.
5.6 (c) Base level funding for community service grants under Minnesota Statutes,
5.7section 256B.0917, subdivision 13, and community services development grants under
5.8Minnesota Statutes, section 256.9754, shall be reduced by ten percent for the biennium
5.9ending June 30, 2011. These shall be onetime reductions.
5.10 (d) An amount equal to the state share of the reductions in paragraphs (b) and (c) is
5.11appropriated from the general fund to the commissioner of human services for distribution
5.12to qualifying projects that are part of a community consortium under this section, to be
5.13available until expended.
5.14 Subd. 8. Evaluation and report. The commissioner of human services, in
5.15cooperation with the commissioners of health and housing finance, shall evaluate the
5.16demonstration project, and report preliminary findings and recommendations to the
5.17legislature by November 15, 2011, on whether the demonstration project should be
5.18continued and whether the number of demonstration project sites increased. The final
5.19report of findings and recommendations shall be delivered to the legislature by January
5.2015, 2013. The preliminary and final evaluation and report must include:
5.21 (1) a comparison of the performance of demonstration sites relative to nonconsortium
5.22communities on the quality measures specified in subdivision 5;
5.23 (2) an assessment of the extent to which the demonstration project can be
5.24successfully expanded to other parts of the state;
5.25 (3) legislative changes necessary to improve the effectiveness of the demonstration
5.26project and to expand the projects to other parts of the state; and
5.27 (4) any actions taken by the commissioner of health under subdivision 5.
5.28 The commissioner of human services may withhold up to $50,000 of the funding
5.29provided to each participating community consortium under this section to fund the
5.30evaluation and report.
1.3collapse survivors; promoting community-based care for older adults through the
1.4establishment of a community consortium demonstration project; establishing
1.5a community consortium account in the general fund to distribute pooled
1.6resources; requiring an evaluation of the demonstration project; amending 2008
1.7H. F. No. 2553, section 5, subdivision 3, if enacted;proposing coding for new
1.8law in Minnesota Statutes, chapter 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. [3.7395] PUBLIC ASSISTANCE.
1.11 Subdivision 1. Eligibility. Payments made to victims under sections 3.7391 to
1.123.7394 and the catastrophe survivor compensation fund shall not be counted as income,
1.13assets, or resources for purposes of eligibility for health care and maintenance programs
1.14under chapters 256B, 256D, 256J, and 256L. Victims and their families who would
1.15otherwise be eligible for and enrolled in health care programs with federal funding shall
1.16be eligible for and enrolled in health care programs paid with state funding until and
1.17unless federal approval of this exclusion is granted. The commissioner of human services
1.18shall pursue the federal approval necessary to exclude these payments under federally
1.19funded health care programs.
1.20 Subd. 2. Subrogation. For the purpose of medical assistance and MinnesotaCare,
1.21the Department of Human Services shall pay the federal financial participation for the
1.22portion of any payment that is required to be treated as primary to Medicaid.
1.23EFFECTIVE DATE.This section is effective at the time that 2008 H.F. No. 2553,
1.24if enacted, takes effect.
2.1 Sec. 2. 2008 H.F. NO. 2553, SECTION 5, SUBDIVISION 3, IF ENACTED, IS
2.2AMENDED TO READ:
2.3 Subd. 3. Payments from other sources. Notwithstanding any statutory or common
2.4law or agreement to the contrary, a person required to make payments, including future
2.5payments, to a survivor may
2.6compensation paid to the survivor under section 3.7393 or from the emergency relief fund
2.7
2.8
2.9future losses for which the survivor received compensation under section 3.7393 or from
2.10the emergency relief fund. The obligation of any person other than the state to make
2.11payments to a survivor is primary as compared to any payment made or to be made under
2.12section 3.7393 or from the emergency relief fund. The persons referenced in and covered
2.13by this subdivision and subdivision 4 include, without limitation:
2.14 (1) reparation obligors, as defined in section 65B.43, subdivision 9, whether they are
2.15insurers or self-insurers;
2.16 (2) health plan companies, as defined in section 62Q.01, subdivision 4, including the
2.17Minnesota Comprehensive Health Association created under section 62E.10;
2.18 (3) insurance companies, as defined in section 60A.02, subdivision 4;
2.19 (4) self-insured pools of political subdivisions organized under section 471.617 or
2.20471.981, including service cooperatives pools organized under section 123A.21;
2.21 (5) risk retention groups, as defined in section 60E.02, subdivision 12;
2.22 (6) joint self-insurance plans governed by chapter 60F;
2.23 (7) workers' compensation insurers and private self-insurers, as defined in section
2.2479.01;
2.25 (8) the Minnesota Life and Health Insurance Guaranty Association governed by
2.26chapter 61B;
2.27 (9) the Minnesota Insurance Guaranty Association governed by chapter 60C;
2.28 (10) the Minnesota Joint Underwriting Association governed by chapter 62I;
2.29 (11) all insurers providing credit life, credit accident and health, and credit
2.30involuntary unemployment insurance under chapter 62B, but also including those
2.31coverages written in connection with real estate mortgage loans and those provided to
2.32borrowers at no additional cost;
2.33 (12) the Minnesota unemployment insurance program provided under chapter 268;
2.34 (13) coverage offered by the state under medical assistance, general assistance
2.35medical care, and MinnesotaCare; and
3.1 (14) any other plan providing health, life, disability income, or long-term care
3.2coverage.
3.3EFFECTIVE DATE.This section is effective at the time that 2008 H.F. No. 2553,
3.4if enacted, takes effect.
3.5 Sec. 3. OLDER ADULT SERVICES COMMUNITY CONSORTIUMS.
3.6 Subdivision 1. Establishment. (a) The commissioner of human services, in
3.7cooperation with the commissioners of health and housing finance, shall develop and
3.8implement, beginning July 1, 2009, a three-year demonstration project for older adult
3.9services community consortiums. An older adult services community consortium may
3.10consist of health care and social service providers, county agencies, health plan companies,
3.11and other community stakeholders within a demonstration site that have established a
3.12process for joint decision making. Demonstration sites may include a portion of a county,
3.13an entire county, or multiple counties.
3.14 (b) Each community consortium seeking to participate as a demonstration site must
3.15submit an application to the commissioner. The application must include:
3.16 (1) a description of the entities participating in the consortium, the scope of
3.17collaboration, and the process to be used for joint-decision making;
3.18 (2) the methods by which the consortium plans to achieve the goals specified in
3.19subdivision 2;
3.20 (3) a description of the proposed demonstration site; and
3.21 (4) other information the commissioner determines to be necessary to evaluate
3.22proposals.
3.23 (c) The commissioner of human services shall establish a process to review and
3.24consider applicants. The commissioner shall designate up to three community consortiums
3.25as demonstration projects.
3.26 (d) Each community consortium selected to participate shall establish a local group
3.27to assist in planning, designing, implementing, and evaluating the coordinated service
3.28delivery system within the demonstration site. Planning for each consortium shall build
3.29upon current planning processes developed by county gaps analyses and Elder Care
3.30Development Partnerships under Minnesota Statutes, section 256B.0917.
3.31 Subd. 2. Goals. The community consortium demonstration projects are intended to
3.32accelerate the development of community based services to fill in gaps identified within
3.33communities by using a pool of funds and providing flexibility in the use and distribution
3.34of these funds within each demonstration site. These projects must be designed to:
3.35 (1) ensure consumer access to a continuum of older adult services;
4.1 (2) create an adequate supply of affordable home-based alternatives to care for
4.2persons currently using nursing facilities or likely to need nursing facility services in
4.3the future;
4.4 (3) establish and achieve measurable performance targets for care delivered
4.5throughout the continuum of care; and
4.6 (4) support the management of chronic and complex conditions through greater
4.7coordination of all services needed by older adults.
4.8 Subd. 3. Priority for other grants. The commissioner of health shall give priority
4.9to community consortiums selected under subdivision 1 when awarding technology-related
4.10grants, if the consortiums are using technology as a part of their proposal. To the extent
4.11that the commissioner of the Minnesota Housing Finance Agency funds projects to
4.12create or preserve affordable housing options for older adults, the commissioner shall
4.13give priority to financially feasible projects proposed or supported by community
4.14consortiums selected under subdivision 1. The commissioner of transportation shall
4.15give priority to community consortiums selected under subdivision 1 when distributing
4.16transportation-related funds to create transportation options for older adults.
4.17 Subd. 4. Federal approval. The commissioner of human services may request any
4.18federal approvals or waivers necessary to implement the community consortiums under
4.19the medical assistance program and include medical assistance funding as specified in
4.20subdivision 7 in the community consortium account.
4.21 Subd. 5. State waivers. The commissioner of health may waive applicable state
4.22laws and rules on a time-limited basis if the commissioner of health determines that a
4.23participating consortium requires a waiver in order to achieve demonstration project goals.
4.24 Subd. 6. Quality measures. (a) Community consortiums participating in the
4.25demonstration project shall report information to the commissioner of human services
4.26necessary to evaluate the demonstration project, in the form and manner specified by
4.27the commissioner. The information collected by the commissioner must include both
4.28process and outcome measures, including, but not limited to, measures related to enrollee
4.29satisfaction, service delivery, service coordination, service access, use of technology,
4.30individual outcomes, and costs.
4.31 (b) Participating consortiums shall identify state policies that limit the extent to
4.32which project goals can be achieved and recommend necessary changes to the appropriate
4.33state agencies.
4.34 Subd. 7. Community consortium financing. (a) The commissioner of health shall
4.35reserve ten percent of any funds appropriated for the biennium ending June 30, 2011,
5.1for the nursing home moratorium exception process under Minnesota Statutes, section
5.2144A.073, for distribution to qualifying projects that are part of a community consortium.
5.3 (b) Notwithstanding Minnesota Statutes, section 256B.434, subdivision 4, paragraph
5.4(d), the nursing facility performance incentive payments shall be reduced by ten percent
5.5for the biennium ending June 30, 2011. This shall be a onetime reduction.
5.6 (c) Base level funding for community service grants under Minnesota Statutes,
5.7section 256B.0917, subdivision 13, and community services development grants under
5.8Minnesota Statutes, section 256.9754, shall be reduced by ten percent for the biennium
5.9ending June 30, 2011. These shall be onetime reductions.
5.10 (d) An amount equal to the state share of the reductions in paragraphs (b) and (c) is
5.11appropriated from the general fund to the commissioner of human services for distribution
5.12to qualifying projects that are part of a community consortium under this section, to be
5.13available until expended.
5.14 Subd. 8. Evaluation and report. The commissioner of human services, in
5.15cooperation with the commissioners of health and housing finance, shall evaluate the
5.16demonstration project, and report preliminary findings and recommendations to the
5.17legislature by November 15, 2011, on whether the demonstration project should be
5.18continued and whether the number of demonstration project sites increased. The final
5.19report of findings and recommendations shall be delivered to the legislature by January
5.2015, 2013. The preliminary and final evaluation and report must include:
5.21 (1) a comparison of the performance of demonstration sites relative to nonconsortium
5.22communities on the quality measures specified in subdivision 5;
5.23 (2) an assessment of the extent to which the demonstration project can be
5.24successfully expanded to other parts of the state;
5.25 (3) legislative changes necessary to improve the effectiveness of the demonstration
5.26project and to expand the projects to other parts of the state; and
5.27 (4) any actions taken by the commissioner of health under subdivision 5.
5.28 The commissioner of human services may withhold up to $50,000 of the funding
5.29provided to each participating community consortium under this section to fund the
5.30evaluation and report.