SF 846

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/14/2017 09:15am

A bill for an act
relating to human services; establishing a parenting with a disability support
services pilot project; requiring a report; appropriating money.

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

Section 1. new text begin PARENTING WITH A DISABILITY; SUPPORT SERVICES; PILOT
PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The commissioner of human services shall establish a pilot
project to assist parents with disabilities in childrearing tasks. The purpose of this pilot
project is to assist parents with disabilities in childrearing tasks and to prevent removal of
children from parents solely because the parents have disabilities.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the definitions in Minnesota
Statutes, section 256B.0659, subdivision 1, apply except for the following terms that have
the meanings given them in this subdivision.
new text end

new text begin (b) "Adaptive parenting equipment" means a piece of equipment that increases, extends,
or improves the parenting capabilities of a parent with a disability.
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new text begin (c) "Child" means a person under 18 years of age.
new text end

new text begin (d) "Childrearing task" means a task that assists a parent with a disability to care for the
child. Childrearing task includes, but is not limited to: lifting and carrying the child,
organizing supplies for the child, preparing meals for the child, washing clothing and bedding
for the child, bathing the child, childproofing the home the parent and child live in, and
assisting with transporting the child.
new text end

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

new text begin (f) "Parent" means a child's biological, foster, or adoptive parent or legal guardian who
is legally obligated to care for and support that child.
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new text begin (g) "Person with a disability" means an individual who has a physical, mental, or
psychological impairment or dysfunction that limits independent functioning in the family,
community, or employment.
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new text begin (h) "Supportive parenting service" means a nonmedical assistance service provided by
a personal care assistant that (1) helps a parent with a disability compensate for aspects of
the parent's disability that affect the parent's ability to care for the child, and (2) enables the
parent to complete parental responsibilities, including childrearing tasks. Supportive parenting
service does not include disciplining the parent's child.
new text end

new text begin Subd. 3. new text end

new text begin Supportive parenting services. new text end

new text begin (a) If a parent is eligible for and receiving
personal care assistance services through medical assistance under Minnesota Statutes,
section 256B.0659, the parent is eligible to receive supportive parenting services. Only one
personal care assistant at a time may provide supportive parenting services to an eligible
parent, regardless of the parent's number of children. Supportive parenting services provided
under this section are services to the parent and not the child.
new text end

new text begin (b) Supportive parenting services must be provided by a different personal care assistant
than the personal care assistant providing medical assistance personal care assistance services
under Minnesota Statutes, section 256B.0659. The personal care assistant providing
supportive parenting services under this section must not perform medical assistance personal
care assistance services. The personal care assistant providing medical assistance personal
care assistance services and the personal care assistant providing supportive parenting
services may be scheduled to support the parent at the same time.
new text end

new text begin (c) Supportive parenting services under this section must not replace medical assistance
personal care assistance services under Minnesota Statutes, section 256B.0659. Supportive
parenting services under this section do not count toward a parent's monthly limit of medical
assistance personal care assistance hours under Minnesota Statutes, section 256B.0659,
subdivision 11, paragraph (a), clause (10).
new text end

new text begin (d) A parent's supportive parenting services shall be limited to 40 hours per month.
new text end

new text begin (e) If the commissioner deems necessary, the commissioner shall develop standards and
training requirements for personal care assistants providing supportive parenting services
under this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Adaptive parenting equipment. new text end

new text begin A parent eligible for supportive parenting
services under subdivision 3 is also eligible to receive adaptive parenting equipment. The
commissioner shall develop a process for a parent to apply for adaptive parenting equipment.
The process shall include an evaluation of the parent's adaptive parenting equipment needs.
new text end

new text begin Subd. 5. new text end

new text begin Grants. new text end

new text begin (a) The commissioner, in consultation with the advisory committee
described in subdivision 7, shall develop an application process for and award two-year
state-funded grants to personal care assistance provider agencies to provide supportive
parenting services. A grant applicant must be an approved personal care assistance provider
agency as defined in Minnesota Statutes, section 256B.0659, subdivision 1, paragraph (l).
new text end

new text begin (b) Grantees shall bill the department on forms provided by and in a manner prescribed
by the commissioner. The rate for supportive parenting services shall be the same as the
rate for services under Minnesota Statutes, section 256B.0659.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin Within six months after the pilot project has concluded, or by January
1, 2019, whichever is earlier, the commissioner of human services, in consultation with the
advisory committee, must submit a report on the pilot project to the chairs and ranking
members of the legislative committees having jurisdiction over health and human services
policy and finance. At a minimum, the report must address the following items:
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new text begin (1) the total number of parents that were provided service through the pilot project;
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new text begin (2) an analysis of the efficacy of this pilot project;
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new text begin (3) the total cost of developing the service provided under the pilot project;
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new text begin (4) proposed legislative changes to expand the pilot project; and
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new text begin (5) any other information the commissioner deems necessary.
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new text begin Subd. 7. new text end

new text begin Advisory Committee. new text end

new text begin (a) The Parenting with a Disability Advisory Committee
is established according to Minnesota Statutes, section 15.059.
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new text begin (b) The Parenting with a Disability Advisory Committee shall consist, at a minimum,
of the following members:
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new text begin (1) three public members, as defined in Minnesota Statutes, section 645.44, subdivision
5a. The public members shall be either persons with a disability and parents or caregivers
to such persons, appointed by the commissioner of human services;
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new text begin (2) three members who are personal care assistance providers, appointed by the
commissioner of human services;
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new text begin (3) two members of the senate, one member appointed by the senate majority leader and
one member appointed by the senate minority leader; and
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new text begin (4) two members of the house of representatives, one member appointed by the speaker
of the house and one member appointed by the house of representatives minority leader.
new text end

new text begin (c) The committee shall elect a chair from among its members.
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new text begin (d) A committee member may not vote on a decision of the committee in which the
member has either a direct or indirect personal financial interest.
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new text begin (e) The advisory committee duties shall, at a minimum, include:
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new text begin (1) advising the commissioner regarding the methods to expand and improve the
efficiency of services for parents with a disability; and
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new text begin (2) assisting with the report required in subdivision 6, including proposing legislative
changes.
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new text begin Subd. 8. new text end

new text begin Appropriation. new text end

new text begin $.......in fiscal year 2018 is appropriated from the general fund
to the commissioner of human services to pay for the costs of establishing and administering
the pilot project under this section. This is a onetime appropriation. The unencumbered
balance in the first year does not cancel and is available until June 30, 2019.
new text end

Sec. 2. new text begin FEDERAL WAIVER APPROVAL.
new text end

new text begin The commissioner shall seek all necessary federal waivers, amendments to the state
plan, and approval from the Centers for Medicare and Medicaid Services to expand the
parenting with a disability support services pilot project under section 1.
new text end