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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 284-S.F.No. 2669 
                  An act relating to human services; allowing greater 
                  use of arrangements with businesses when providing day 
                  training and habilitation services; directing the 
                  commissioner of human services to develop a more 
                  flexible rate variance mechanism for day training 
                  habilitation services vendors; amending Minnesota 
                  Statutes 1996, section 252.451, subdivision 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 252.451, 
        subdivision 5, is amended to read: 
           Subd. 5.  [VENDOR PAYMENT.] (a) For purposes of this 
        section, the vendor shall bill and the commissioner shall 
        reimburse the vendor for full-day or partial-day services to a 
        client that would otherwise have been paid to the vendor for 
        providing direct services, provided that both of the following 
        criteria are met: 
           (1) the vendor provides services and payments to the 
        qualified business that enable the business to perform support 
        and supervision services for the client that the vendor would 
        otherwise need to perform; and 
           (2) any client for whom a rate will be billed was receiving 
        full-time services from the vendor on or before July 1, 
        1993, the client for whom a rate will be billed will receive 
        full-day or partial-day services from the vendor and the rate to 
        be paid the vendor will allow the client to work with this 
        support in a community and supervision at the qualified business 
        instead of receiving any other service these services from the 
        vendor. 
           (b) Medical assistance reimbursement of services provided 
        to persons receiving day training and habilitation services 
        under this section is subject to the limitations on 
        reimbursement for vocational services under federal law and 
        regulation. 
           Sec. 2.  [PROPOSAL FOR RATE VARIANCES.] 
           The commissioner of human services, in consultation with an 
        advisory committee including representatives of counties, 
        service consumers, and vendors of day training and habilitation 
        services, including at least one representative from each 
        association representing day training and habilitation vendors, 
        shall develop a rate variance mechanism that identifies medical 
        or behavioral criteria that permit a change in the payment rate 
        when an individual already being served by a vendor of day 
        training and habilitation services experiences a significant 
        decrease in skill functioning that requires additional staffing 
        or services that are not covered by the vendor's current rate.  
        The commissioner shall present proposed legislation amending the 
        existing rate variance criteria to the legislature by January 
        15, 1999. 
           Presented to the governor March 13, 1998 
           Signed by the governor March 16, 1998, 10:04 a.m.