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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 305-S.F.No. 908 
           An act relating to human services; establishing a 
          community services conversion project; requiring 
          counties to consider the opinions of parents when 
          developing service plans for persons with mental 
          retardation and related conditions; amending Minnesota 
          Statutes 1986, section 256B.092, subdivision 1; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 252.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [252.292] [COMMUNITY SERVICES CONVERSION 
PROJECT.] 
    Subdivision 1.  [COMMISSIONER'S DUTIES; REPORT.] For the 
purposes of section 252.291, subdivision 3, the commissioner of 
human services shall ask counties to present proposals for the 
voluntary conversion of services provided by community 
intermediate care facilities for persons with mental retardation 
or related conditions to services provided under home and 
community-based services.  
    The commissioner shall report to the legislature by March 
1, 1988, on the status of the community services conversion 
project.  The report must include the project's cost, the number 
of counties and facilities participating, the number and 
location of decertified community intermediate care beds, and 
the project's effect on residents, former residents, and 
employees of community intermediate care facilities for persons 
with mental retardation or related conditions.  
    Subd. 2.  [COUNTY PROPOSALS.] (a) The commissioner may 
approve county proposals within the limitations of this 
section.  To be considered for approval, county proposals must 
contain the following information:  
    (1) specific plans for the development and provision of 
alternative services for residents moved from intermediate care 
facilities for persons with mental retardation or related 
conditions;  
    (2) time lines and expected beginning dates for resident 
relocation and facility closure; and 
    (3) projected caseloads and expenditures for intermediate 
care facilities for persons with mental retardation or related 
conditions and for home and community-based services. 
    (b) Counties must ensure that residents discharged from 
facilities participating in the project are moved to their home 
communities whenever possible.  For the purposes of this 
section, "home community" means the county of financial 
responsibility or a county adjacent to the county of financial 
responsibility.  The commissioner shall have the sole authority 
to waive this requirement based on the choice of the person or 
the person's legal representative, if any.  
    (c) County proposals must comply with the need 
determination procedures in sections 252.28 and 252.291, the 
responsibility for persons with mental retardation or related 
conditions specified in section 256B.092, the requirements under 
United States Code, title 42, sections 1396 et seq., and section 
256B.501, and the rules adopted under these laws.  
    (d) The commissioner shall give first priority to proposals 
that: 
    (1) respond to the emergency relocation of a facility's 
residents; 
    (2) result in the closing of a facility;  
    (3) demonstrate that alternative placements will be 
developed based on individual resident needs and applicable 
federal and state rules; and 
    (4) demonstrate savings of medical assistance 
expenditures.  The commissioner shall give second priority to 
proposals that meet all of the above criteria except clause (1). 
    (e) The commissioner shall select proposals that best meet 
the criteria established in this subdivision within the 
appropriations made available for home and community-based 
services.  The commissioner shall notify counties and facilities 
of the selections made and approved by the commissioner. 
    (f) For each proposal approved by the commissioner, a 
contract must be established between the commissioner, the 
county where the facility is located, and the participating 
facility.  The contract must address the items in this 
subdivision and must be consistent with the requirements of this 
section. 
    Subd. 3.  [HOME AND COMMUNITY-BASED SERVICES.] Home and 
community-based services shall be allocated to participating 
counties to replace intermediate care facility services for 
persons with mental retardation or related conditions that are 
decertified through the project.  One additional home and 
community-based services placement shall be provided for each 
current resident of an intermediate care facility for persons 
with mental retardation or related conditions who chooses and is 
eligible for home and community-based services.  The placement 
must meet applicable federal and state laws and rules.  
Additional home and community-based services placements will not 
be authorized for persons transferred to other intermediate care 
facilities for persons with mental retardation or related 
conditions, including state hospitals, or to nursing homes 
licensed under chapter 144A, or for persons determined 
ineligible for home and community-based services.  
    The county must provide quarterly reports to the 
commissioner regarding the number of people moving out of 
participating facilities each month and their alternative 
placement.  County actions that result in a denial of services, 
failure to act with reasonable promptness, suspension, 
reduction, or termination of services may be appealed by 
affected persons under section 256.045.  
    Subd. 4.  [FACILITY RATES.] For purposes of this section, 
the commissioner shall establish payment rates under section 
256B.501 and Minnesota Rules, parts 9553.0010 to 9553.0080, 
except that, in order to facilitate an orderly transition of 
residents from community intermediate care facilities for 
persons with mental retardation or related conditions to 
services provided under the home and community-based services 
program, the commissioner may, in a contract with the provider, 
modify the effect of provisions in Minnesota Rules, parts 
9553.0010 to 9553.0080, as stated in clauses (a) to (i): 
    (a) extend the interim and settle-up rate provisions to 
include facilities covered by this section;  
    (b) extend the length of the interim period, but not to 
exceed 24 months.  The commissioner may grant a variance to 
exceed the 24-month interim period, as necessary, for facilities 
which are licensed and certified to serve more than 99 persons.  
In no case shall the commissioner approve an interim period 
which exceeds 36 months;  
    (c) waive the investment per bed limitations for the 
interim period and the settle-up rate; 
    (d) limit the amount of reimbursable expenses related to 
the acquisition of new capital assets; 
    (e) prohibit the acquisition of additional capital debt or 
refinancing of existing capital debt unless prior approval is 
obtained from the commissioner; 
    (f) establish an administrative operating cost limitation 
for the interim period and the settle-up rate; 
    (g) require the retention of financial and statistical 
records until the commissioner has audited the interim period 
and the settle-up rate; 
    (h) require that the interim period be audited by a 
certified or licensed public accounting firm; or 
    (i) change any other provision to which all parties to the 
contract agree. 
     Sec. 2.  Minnesota Statutes 1986, section 256B.092, 
subdivision 1, is amended to read:  
    Subdivision 1.  [COUNTY OF FINANCIAL RESPONSIBILITY; 
DUTIES.] Before any services shall be rendered to persons with 
mental retardation or related conditions who are in need of 
social service and medical assistance, the county of financial 
responsibility shall conduct a diagnostic evaluation in order to 
determine whether the person is or may be mentally retarded or 
has or may have a related condition.  If a client is diagnosed 
as mentally retarded or as having a related condition, that 
county must conduct a needs assessment, develop an individual 
service plan, provide ongoing case management services at the 
level identified in the individual service plan, and authorize 
placement for services.  To the extent possible, for wards of 
the commissioner the county shall consider the opinions of the 
parent of the person with mental retardation or a related 
condition when developing the person's individual service plan.  
If the county of financial responsibility places a client in 
another county for services, the placement shall be made in 
cooperation with the host county of service, and arrangements 
shall be made between the two counties for ongoing social 
service, including annual reviews of the client's individual 
service plan.  The host county may not make changes in the 
service plan without approval by the county of financial 
responsibility. 
    Approved May 28, 1987