1.1 	A bill for an act
1.2 	relating to human services; clarifying certain rate adjustments; amending 
1.3 	Minnesota Statutes 2005 Supplement, section 256B.5012, subdivision 6;  Laws 
1.4 	2005, First Special Session chapter 4, article 7, section 55.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2005 Supplement, section 256B.5012, subdivision 6, 
1.7 	is amended to read:
1.8 		Subd. 6.ICF/MR rate increases October 1, 2005, and October 1, 2006. (a) For 
1.9 	the rate periods beginning October 1, 2005, and October 1, 2006, the commissioner shall 
1.10 	make available to each facility reimbursed under this section an adjustment to the total 
1.11 	operating payment rate of 2.2553 percent.
1.12 	(b) 75 percent of the money resulting from the rate adjustment under paragraph (a) 
1.13 	must be used to increase wages and benefits and pay associated costs for ~~all~~ employees, 
1.14 	except for administrative and central office employees. 75 percent of the money received 
1.15 	by a facility as a result of the rate adjustment provided in paragraph (a) must be used only 
1.16 	for wage, benefit, and staff increases implemented on or after the effective date of the rate 
1.17 	increase each year, and must not be used for increases implemented prior to that date. The 
1.18 	wage adjustment eligible employees may receive may vary based on merit, seniority, or 
1.19 	other factors determined by the provider.
1.20 	(c) For each facility, the commissioner shall make available an adjustment, based 
1.21 	on occupied beds,  using the percentage specified in paragraph (a) multiplied by the total 
1.22 	payment rate, including variable rate but excluding the property-related payment rate, in 
1.23 	effect on the preceding day. The total payment rate shall include the adjustment provided 
1.24 	in section 256B.501, subdivision 12.
2.1 	(d) A facility whose payment rates are governed by closure agreements, receivership 
2.2 	agreements, or Minnesota Rules, part 9553.0075, is not eligible for an adjustment 
2.3 	otherwise granted under this subdivision.
2.4 	(e) A facility may apply for the portion of the payment rate adjustment provided 
2.5 	under paragraph (a) for employee wages and benefits and associated costs. The application 
2.6 	must be made to the commissioner and contain a plan by which the facility will distribute 
2.7 	the funds according to paragraph (b). For facilities in which the employees are represented 
2.8 	by an exclusive bargaining representative, an agreement negotiated and agreed to by the 
2.9 	employer and the exclusive bargaining representative constitutes the plan. A negotiated 
2.10 	agreement may constitute the plan only if the agreement is finalized after the date of 
2.11 	enactment of all rate increases for the rate year. The commissioner shall review the plan to 
2.12 	ensure that the payment rate adjustment per diem is used as provided in this subdivision. 
2.13 	To be eligible, a facility must submit its plan by March 31, 2006, and December 31, 
2.14 	2006, respectively. If a facility's plan is effective for its employees after the first day of 
2.15 	the applicable rate period that the funds are available, the payment rate adjustment per 
2.16 	diem is effective the same date as its plan.
2.17 	(f) A copy of the approved distribution plan must be made available to all employees 
2.18 	by giving each employee a copy or by posting it in an area of the facility to which all 
2.19 	employees have access. If an employee does not receive the wage and benefit adjustment 
2.20 	described in the facility's approved plan and is unable to resolve the problem with the 
2.21 	facility's management or through the employee's union representative, the employee 
2.22 	may contact the commissioner at an address or telephone number provided by the 
2.23 	commissioner and included in the approved plan.

2.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.25 	Sec. 2. Laws 2005, First Special Session chapter 4, article 7, section 55, is amended to 
2.26 	read:
2.27 	Sec. 55. COMMUNITY SERVICES PROVIDER RATE INCREASES
2.28 	
2.29 	(a) The commissioner of human services shall increase  reimbursement rates or 
2.30 	rate limits, as applicable, by 2.2553  percent for the rate period beginning October 1, 
2.31 	2005, and the  rate period beginning October 1, 2006, effective for services  rendered on 
2.32 	or after those dates.  
2.33 	
2.34 	(b) The 2.2553 percent annual rate increase described in  this section must be 
2.35 	provided to:  
3.1 	
3.2 	(1) home and community-based waivered services for persons  with mental 
3.3 	retardation or related conditions, including consumer directed community supports,  under 
3.4 	Minnesota  Statutes, section 256B.501;  
3.5 	
3.6 	(2) home and community-based waivered services for the  elderly under Minnesota 
3.7 	Statutes, section 256B.0915;  
3.8 	
3.9 	(3) waivered services under community alternatives for  disabled individuals under 
3.10 	Minnesota Statutes, section 256B.49;  
3.11 	
3.12 	(4) community alternative care waivered services, including consumer directed 
3.13 	community supports,  under  Minnesota Statutes, section 256B.49;  
3.14 	
3.15 	(5) traumatic brain injury waivered services, including consumer directed 
3.16 	community supports,  under  Minnesota Statutes, section 256B.49;  
3.17 	
3.18 	(6) nursing services and home health services under  Minnesota Statutes, section 
3.19 	256B.0625, subdivision 6a;  
3.20 	
3.21 	(7) personal care services and nursing supervision of  personal care services under 
3.22 	Minnesota Statutes, section  256B.0625, subdivision 19a;  
3.23 	
3.24 	(8) private duty nursing services under Minnesota Statutes,  section 256B.0625, 
3.25 	subdivision 7;  
3.26 	
3.27 	(9) day training and habilitation services for adults with  mental retardation or related 
3.28 	conditions under Minnesota  Statutes, sections 252.40 to 252.46;  
3.29 	
3.30 	(10) alternative care services under Minnesota Statutes,  section 256B.0913;  
3.31 	
3.32 	(11) adult residential program grants under Minnesota  Rules, parts 9535.2000 to 
3.33 	9535.3000;  
3.34 	
3.35 	(12) adult and family community support grants under  Minnesota Rules, parts 
3.36 	9535.1700 to 9535.1760;  
4.1 	
4.2 	(13) the group residential housing supplementary service  rate under Minnesota 
4.3 	Statutes, section 256I.05, subdivision 1a;  
4.4 	
4.5 	(14) adult mental health integrated fund grants under  Minnesota Statutes, section 
4.6 	245.4661;  
4.7 	
4.8 	(15) semi-independent living services under Minnesota  Statutes, section 252.275, 
4.9 	including SILS funding under county  social services grants formerly funded under 
4.10 	Minnesota Statutes,  chapter 256I;  
4.11 	
4.12 	(16) community support services for deaf and  hard-of-hearing adults with mental 
4.13 	illness who use or wish to  use sign language as their primary means of communication;  
4.14 	
4.15 	(17) living skills training programs for persons with  intractable epilepsy who need 
4.16 	assistance in the transition to  independent living;  
4.17 	
4.18 	(18) physical therapy services under sections 256B.0625,  subdivision 8, and 
4.19 	256D.03, subdivision 4;  
4.20 	
4.21 	(19) occupational therapy services under sections  256B.0625, subdivision 8a, and 
4.22 	256D.03, subdivision 4;  
4.23 	
4.24 	(20) speech-language therapy services under section  256D.03, subdivision 4, and 
4.25 	Minnesota Rules, part 9505.0390; and  
4.26 	
4.27 	(21) respiratory therapy services under section 256D.03,  subdivision 4, and 
4.28 	Minnesota Rules, part 9505.0295.  
4.29 	(c) For services funded through Minnesota disability health options, the rate increase 
4.30 	under this section shall apply to all medical assistance payments, including former group 
4.31 	residential housing supplementary rates under Minnesota Statutes, chapter 256I.
4.32 	
4.33 	~~(c)~~ (d) Providers that receive a rate increase under this  section shall use 75 percent 
4.34 	of the additional revenue to  increase wages and benefits and pay associated costs for ~~all~~
4.35 	employees, except for management fees, the administrator, and  central office staffs. The 
5.1 	wage adjustment eligible employees may receive may vary based on merit, seniority, or 
5.2 	other factors determined by the provider.
5.3 	
5.4 	~~(d)~~ (e) For public employees, the increase for wages and  benefits for certain staff is 
5.5 	available and pay rates shall be  increased only to the extent that they comply with laws  
5.6 	governing public employees collective bargaining.  Money  received by a provider for pay 
5.7 	increases under this section may  be used only for increases implemented on or after the 
5.8 	first day  of the rate period in which the increase is available and must  not be used for 
5.9 	increases implemented prior to that date.  
5.10 	
5.11 	~~(e)~~ (f)  A copy of the provider's plan for complying with  paragraph ~~(c)~~ (d) must be 
5.12 	made available to all employees by giving  each employee a copy or by posting a copy in 
5.13 	an area of the  provider's operation to which all employees have access.  If an  employee 
5.14 	does not receive the adjustment, if any, described in  the plan and is unable to resolve the 
5.15 	problem with the provider,  the employee may contact the employee's union representative.  
5.16 	If the employee is not covered by a collective bargaining  agreement, the employee may 
5.17 	contact the commissioner at a  telephone number provided by the commissioner and 
5.18 	included in  the provider's plan.  

5.19 	EFFECTIVE DATE. This section is effective the day following final enactment.