1.1                          A bill for an act 
  1.2             relating to health care; adding to the duties of the 
  1.3             job skills partnership board; establishing a health 
  1.4             care and human services worker training and retention 
  1.5             program; requiring state colleges and universities to 
  1.6             offer a short-term health care and human services 
  1.7             course; appropriating money; amending Minnesota 
  1.8             Statutes 1998, sections 116L.02; and 136F.71, 
  1.9             subdivision 1, and by adding a subdivision; proposing 
  1.10            coding for new law in Minnesota Statutes, chapters 
  1.11            116L; 136A; 136F; and 256B. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 116L.02, is 
  1.14  amended to read: 
  1.15     116L.02 [JOB SKILLS PARTNERSHIP PROGRAM.] 
  1.16     (a) The Minnesota job skills partnership program is created 
  1.17  to act as a catalyst to bring together employers with specific 
  1.18  training needs with educational or other nonprofit institutions 
  1.19  which can design programs to fill those needs.  The partnership 
  1.20  shall work closely with employers to train and place workers in 
  1.21  identifiable positions as well as assisting educational or other 
  1.22  nonprofit institutions in developing training programs that 
  1.23  coincide with current and future employer requirements.  The 
  1.24  partnership shall provide grants to educational or other 
  1.25  nonprofit institutions for the purpose of training displaced 
  1.26  workers.  A participating business must match the grant-in-aid 
  1.27  made by the Minnesota job skills partnership.  The match may be 
  1.28  in the form of funding, equipment, or faculty. 
  2.1      (b) The partnership program shall administer the health 
  2.2   care and human services worker training and retention program 
  2.3   under sections 116L.10 to 116L.15. 
  2.4      Sec. 2.  [116L.10] [PROGRAM ESTABLISHED.] 
  2.5      A health care and human services worker training and 
  2.6   retention program is established to: 
  2.7      (1) alleviate critical worker shortages confronting 
  2.8   specific geographical areas of the state, specific health care 
  2.9   and human services industries, or specific providers when 
  2.10  employers are not currently offering sufficient worker training 
  2.11  and retention options and are unable to do so because of the 
  2.12  limited size of the employer, economic circumstances, or other 
  2.13  limiting factors described in the grant application and verified 
  2.14  by the board; and 
  2.15     (2) increase opportunities for current and potential direct 
  2.16  care employees to qualify for advanced employment in the health 
  2.17  care or human services fields through experience, training, and 
  2.18  education. 
  2.19     Sec. 3.  [116L.11] [DEFINITIONS.] 
  2.20     Subdivision 1.  [SCOPE.] For the purposes of sections 
  2.21  116L.10 to 116L.15, the terms defined in this section have the 
  2.22  meanings given them unless the context clearly indicates 
  2.23  otherwise. 
  2.24     Subd. 2.  [ELIGIBLE EMPLOYER.] "Eligible employer" means a 
  2.25  nursing facility, small rural hospital, intermediate care 
  2.26  facility for persons with mental retardation or related 
  2.27  conditions, waivered services provider, home health services 
  2.28  provider, personal care assistant services provider, 
  2.29  semi-independent living services provider, day training and 
  2.30  habilitation services provider, or a similar provider of health 
  2.31  care or human services. 
  2.32     Subd. 3.  [POTENTIAL EMPLOYEE TARGET GROUPS.] "Potential 
  2.33  employee target groups" means high school students, past and 
  2.34  present recipients of Minnesota family investment program 
  2.35  benefits, immigrants, senior citizens, current health care and 
  2.36  human services workers, and persons who are underemployed or 
  3.1   unemployed. 
  3.2      Subd. 4.  [QUALIFYING CONSORTIUM.] "Qualifying consortium" 
  3.3   means an entity that may include a public or private institution 
  3.4   of higher education, work force center, county, and one or more 
  3.5   eligible employers, but must include a public or private 
  3.6   institution of higher education and one or more eligible 
  3.7   employers. 
  3.8      Sec. 4.  [116L.12] [FUNDING MECHANISM.] 
  3.9      Subdivision 1.  [APPLICATIONS.] A qualifying consortium 
  3.10  shall apply to the board in the manner specified by the board. 
  3.11     Subd. 2.  [FISCAL REQUIREMENTS.] The application must 
  3.12  specify how the consortium will make maximum use of available 
  3.13  federal and state training, education, and employment funds to 
  3.14  minimize the need for training and retention grants.  A 
  3.15  consortium must designate a lead agency as the fiscal agent for 
  3.16  reporting, claiming, and receiving payments.  An institution of 
  3.17  higher learning may be designated as a lead agency, but the 
  3.18  governing board of a multicampus higher education system may not 
  3.19  be given that designation. 
  3.20     Subd. 3.  [PROGRAM TARGETS.] Applications for grants must 
  3.21  describe targeted employers or types of employers and must 
  3.22  describe the specific critical work force shortage the program 
  3.23  is designed to alleviate.  Programs may be limited 
  3.24  geographically or be statewide.  The application must include 
  3.25  verification that in the process of determining that a critical 
  3.26  work force shortage exists in the target area, the applicant has:
  3.27     (1) consulted available data on worker shortages; 
  3.28     (2) conferred with other employers in the target area; and 
  3.29     (3) compared shortages in the target area with shortages at 
  3.30  the regional or statewide level. 
  3.31     Subd. 4.  [GRANTS.] Within the limits of available 
  3.32  appropriations, the board shall make grants to qualifying 
  3.33  consortia to operate local, regional, or statewide training and 
  3.34  retention programs.  Grant awards must establish specific, 
  3.35  measurable outcomes and timelines for achieving those outcomes. 
  3.36     Subd. 5.  [LOCAL MATCH REQUIREMENTS.] A consortium must 
  4.1   provide at least a 50 percent match from local resources for 
  4.2   money appropriated under this section.  The local match 
  4.3   requirement may be reduced for consortia that include a 
  4.4   relatively large number of small employers whose financial 
  4.5   contribution has been reduced in accordance with section 116L.15.
  4.6   In-kind services and expenditures under section 116L.13, 
  4.7   subdivision 2, may be used to meet this local match 
  4.8   requirement.  The grant application must specify the financial 
  4.9   contribution from each member of the consortium. 
  4.10     Subd. 6.  [INELIGIBLE WORKER CATEGORIES.] Grants shall not 
  4.11  be made to alleviate shortages of physicians, physician 
  4.12  assistants, or advanced practice nurses. 
  4.13     Subd. 7.  [EVALUATION.] The board shall evaluate the 
  4.14  success of consortia that receive grants in achieving expected 
  4.15  outcomes and shall report to the legislature annually.  The 
  4.16  report must compare consortia in terms of overall program costs, 
  4.17  costs per client, retention rates, advancement rates, and other 
  4.18  outcome measurements established in the grantmaking process.  
  4.19  The first report shall be due on March 15, 2000, and on January 
  4.20  15 annually in succeeding years.  The report shall include any 
  4.21  recommendations from the board to modify the grant program. 
  4.22     Sec. 5.  [116L.13] [PROGRAM REQUIREMENTS.] 
  4.23     Subdivision 1.  [MARKETING AND RECRUITMENT.] A qualifying 
  4.24  consortium must implement a marketing and outreach strategy to 
  4.25  recruit into the health care and human services fields persons 
  4.26  from one or more of the potential employee target groups.  
  4.27  Recruitment strategies must include a screening process to 
  4.28  evaluate whether potential employees may be disqualified as the 
  4.29  result of a required background check or are otherwise unlikely 
  4.30  to succeed in the position for which they are being recruited. 
  4.31     Subd. 2.  [RECRUITMENT AND RETENTION INCENTIVES.] Employer 
  4.32  members of a consortium must provide incentives to train and 
  4.33  retain employees.  These incentives may include, but are not 
  4.34  limited to: 
  4.35     (1) paid salary during initial training periods, but only 
  4.36  if specifically approved by the board, which must certify that 
  5.1   the employer has not formerly paid employees during the initial 
  5.2   training period and is unable to do so because of the employer's 
  5.3   limited size, financial condition, or other factors; 
  5.4      (2) scholarship programs under which a specified amount is 
  5.5   deposited into an educational account for the employee for each 
  5.6   hour worked; 
  5.7      (3) the provision of advanced education to employees so 
  5.8   that they may qualify for advanced positions in the health care 
  5.9   or human services fields.  This education may be provided at the 
  5.10  employer's site, at the site of a nearby employer, or at a local 
  5.11  educational institution or other site.  Preference shall be 
  5.12  given to grantees that offer flexible advanced training to 
  5.13  employees at convenient sites, allow workers time off with pay 
  5.14  during the work day to participate, and provide education at no 
  5.15  cost to students or through employer-based scholarships that pay 
  5.16  expenses prior to the start of classes rather than upon 
  5.17  completion; 
  5.18     (4) work maturity or soft skills training, adult basic 
  5.19  education, English as a second language instruction, and basic 
  5.20  computer orientation for persons with limited previous 
  5.21  attachment to the work force due to a lack of these skills; 
  5.22     (5) child care subsidies during training or educational 
  5.23  activities; 
  5.24     (6) transportation to training and education programs; and 
  5.25     (7) programs to coordinate efforts by employer members of 
  5.26  the consortium to share staff among employers where feasible, to 
  5.27  pool employee and employer benefit contributions in order to 
  5.28  enhance benefit packages, and to coordinate education and 
  5.29  training opportunities for staff in order to increase the 
  5.30  availability and flexibility of education and training programs. 
  5.31     Subd. 3.  [WORK HOUR LIMITS.] High school students 
  5.32  participating in a training and retention program shall not be 
  5.33  permitted to work more than 20 hours per week when school is in 
  5.34  session. 
  5.35     Sec. 6.  [116L.14] [CAREER ENHANCEMENT REQUIREMENTS.] 
  5.36     All consortium members must work cooperatively to establish 
  6.1   and maintain a career ladder program under which direct care 
  6.2   staff have the opportunity to advance along a career development 
  6.3   path that includes regular educational opportunities, 
  6.4   coordination between job duties and educational opportunities, 
  6.5   and a planned series of promotions for which qualified employees 
  6.6   will be eligible. 
  6.7      Sec. 7.  [116L.15] [SMALL EMPLOYER PROTECTION.] 
  6.8      Grantees must guarantee that small employers, including 
  6.9   licensed personal care assistant organizations, be allowed to 
  6.10  participate in consortium programs.  The financial contribution 
  6.11  required from a small employer must be adjusted to reflect the 
  6.12  employer's financial circumstances. 
  6.13     Sec. 8.  [136A.138] [HEALTH CARE EDUCATION GRANT PROGRAM.] 
  6.14     Subdivision 1.  [ESTABLISHMENT.] A health care and human 
  6.15  services education grant program is established under the 
  6.16  supervision of the higher education services office and the 
  6.17  administration of qualifying consortia operating under sections 
  6.18  116L.10 to 116L.15 to provide grants to Minnesota health care 
  6.19  and human services employees and potential employees to complete 
  6.20  a post-secondary degree or certificate in a field related to 
  6.21  health care or human services. 
  6.22     Subd. 2.  [RESPONSIBILITY OF THE CONSORTIA.] The consortia 
  6.23  shall administer the grant program and award grants to eligible 
  6.24  persons.  To be eligible to receive a grant, a person must be: 
  6.25     (1) an employee or potential employee of a health care or 
  6.26  human services provider located in this state that is a member 
  6.27  of the consortium and has recommended the person to the 
  6.28  consortium for consideration; and 
  6.29     (2) enrolled in a state post-secondary education program 
  6.30  that offers a degree or certificate in a field related to health 
  6.31  care or human services in which a critical worker shortage 
  6.32  exists. 
  6.33     Subd. 3.  [GRANTS FOR ONE YEAR; RENEWABLE.] The grant must 
  6.34  be awarded for one academic year or the length of the program, 
  6.35  if less than one year, but is renewable up to a total maximum of 
  6.36  eight semesters or 12 quarters of full-time study, or their 
  7.1   equivalent.  The grant must be used for tuition, fees, and 
  7.2   books.  Priority in awarding grants shall be given to persons 
  7.3   with the greatest financial need. 
  7.4      Subd. 4.  [RESPONSIBILITY OF HIGHER EDUCATION SERVICES 
  7.5   OFFICE.] Within the limits of available appropriations 
  7.6   specifically for this purpose, the higher education services 
  7.7   office shall distribute money each year to consortia to be used 
  7.8   to award grants under this section.  The consortia shall report 
  7.9   to the higher education services office on program activity as 
  7.10  requested by the office. 
  7.11     Sec. 9.  [136A.139] [SCHOLARSHIP "BANKING" PROGRAM FOR 
  7.12  HEALTH CARE AND HUMAN SERVICES WORKERS.] 
  7.13     The higher education services office shall administer a 
  7.14  program under which health care and human services workers 
  7.15  participating in a consortia under sections 116L.10 to 116L.15 
  7.16  earn scholarship dollars for each hour of employment.  The 
  7.17  office shall implement reporting systems to enable consortia or 
  7.18  employers to report employee hours worked to the office.  An 
  7.19  employee must work for an employer for a minimum of six months 
  7.20  to qualify for assistance under this section.  A qualifying 
  7.21  employee shall earn $2 in scholarship assistance for each hour 
  7.22  worked, up to a maximum of $3,000 per year.  Within the limit of 
  7.23  appropriations made specifically for this purpose, the office 
  7.24  shall award scholarships based on hours worked. 
  7.25     Sec. 10.  [136F.37] [SHORT-TERM HEALTH CARE CURRICULA.] 
  7.26     The board, in consultation with relevant industries, shall 
  7.27  develop a short-term, competency-based, standardized curricula 
  7.28  in health care patient services and community support services 
  7.29  for persons with disabilities.  The standardized curricula must 
  7.30  provide knowledge that is applicable to a wide range of health 
  7.31  care settings and human services settings.  Effective January 1, 
  7.32  2000, the board shall offer certificates and two-year associate 
  7.33  degrees that articulate into four-year educational programs in 
  7.34  health care services and in human services. 
  7.35     Sec. 11.  Minnesota Statutes 1998, section 136F.71, 
  7.36  subdivision 1, is amended to read: 
  8.1      Subdivision 1.  [APPROPRIATION OF RECEIPTS.] Except as 
  8.2   provided in subdivision 1a, all receipts of every kind, nature, 
  8.3   and description, including student tuition and fees, all federal 
  8.4   receipts, aids, contributions, and reimbursements, but not 
  8.5   including receipts attributable to state colleges and 
  8.6   universities activity funds, in all the state colleges and 
  8.7   universities are appropriated to the board, but are subject to 
  8.8   budgetary control to be exercised by the commissioner of 
  8.9   finance.  The balance in these funds shall not cancel on June 
  8.10  30, but shall be available in the next fiscal year. 
  8.11     Sec. 12.  Minnesota Statutes 1998, section 136F.71, is 
  8.12  amended by adding a subdivision to read: 
  8.13     Subd. 1a.  [RETENTION OF RECEIPTS.] Notwithstanding 
  8.14  subdivision 1, a department or program at a state college or 
  8.15  university may retain tuition and other receipts for customized 
  8.16  training and for training offered as part of a training and 
  8.17  retention program under sections 116L.10 to 116L.15. 
  8.18     Sec. 13.  [256B.38] [RATE INCREASES TO REFLECT TRAINING AND 
  8.19  RETENTION.] 
  8.20     (a) For a medical assistance provider listed in paragraph 
  8.21  (b) participating in a worker training and retention project 
  8.22  under sections 116L.10 to 116L.15, the commissioner may increase 
  8.23  reimbursement rates to reflect any costs under sections 116L.10 
  8.24  to 116L.15 that are allowable costs for that provider.  This 
  8.25  rate increase shall be implemented upon the commissioner's 
  8.26  approval within the limit of available appropriations.  
  8.27     (b) The rate increases in paragraph (a) may be provided to 
  8.28  nursing facilities, intermediate care facilities for persons 
  8.29  with mental retardation or related conditions, hospitals, and 
  8.30  providers of child welfare case management or mental health case 
  8.31  management services. 
  8.32     Sec. 14.  [CREDIT ARTICULATION STUDY.] 
  8.33     The board of trustees of the Minnesota state colleges and 
  8.34  universities shall study and report to the legislature by 
  8.35  February 1, 2000, with a plan to offer credit hours for all 
  8.36  education and training provided by institutions operated by the 
  9.1   board as part of a system that allows all credit hours to be 
  9.2   counted toward the requirements of two- and four-year degrees. 
  9.3      Sec. 15.  [APPROPRIATION.] 
  9.4      Subdivision 1.  [TRAINING AND RETENTION PROGRAM.] $....... 
  9.5   is appropriated from the general fund to the job skills 
  9.6   partnership board for the biennium ending June 30, 2001, for the 
  9.7   purposes of the health care worker training and retention 
  9.8   program.  Of this amount, $....... is for the cost of 
  9.9   administration. 
  9.10     Subd. 2.  [EDUCATION GRANTS.] $....... is appropriated from 
  9.11  the general fund to the higher education services office for the 
  9.12  biennium ending June 30, 2001, for the purposes of sections 8 
  9.13  and 9.