1.1                          A bill for an act 
  1.2             relating to human services; adding day training and 
  1.3             habilitation services as a covered service under 
  1.4             medical assistance; appropriating money; amending 
  1.5             Minnesota Statutes 2000, sections 252.43; and 
  1.6             256B.0625, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 252.43, is 
  1.9   amended to read: 
  1.10     252.43 [COMMISSIONER'S DUTIES.] 
  1.11     The commissioner shall supervise county boards' provision 
  1.12  of day training and habilitation services to adults with mental 
  1.13  retardation and related conditions.  The commissioner shall: 
  1.14     (1) determine the need for day training and habilitation 
  1.15  services under section 252.28; 
  1.16     (2) approve payment rates established by a county under 
  1.17  section 252.46, subdivision 1; 
  1.18     (3) adopt rules for the administration and provision of day 
  1.19  training and habilitation services under sections 252.40 to 
  1.20  252.46 and sections 245A.01 to 245A.16 and 252.28, subdivision 
  1.21  2; 
  1.22     (4) enter into interagency agreements necessary to ensure 
  1.23  effective coordination and provision of day training and 
  1.24  habilitation services; 
  1.25     (5) monitor and evaluate the costs and effectiveness of day 
  1.26  training and habilitation services; ~~and~~ 
  2.1      (6) provide information and technical help to county boards 
  2.2   and vendors in their administration and provision of day 
  2.3   training and habilitation services; and 
  2.4      (7) authorize payment with state funds and any available 
  2.5   federal Medicaid funds for services provided to individuals 
  2.6   authorized under section 252.44, paragraph (a), clause (1). 
  2.7      Sec. 2.  Minnesota Statutes 2000, section 256B.0625, is 
  2.8   amended by adding a subdivision to read: 
  2.9      Subd. 43.  [DAY TRAINING AND HABILITATION 
  2.10  SERVICES.] Medical assistance covers the cost of day training 
  2.11  and habilitation services as specified in section 252.41, that 
  2.12  are provided under contract with the county board.  The state 
  2.13  shall reimburse counties fully for their actual costs of 
  2.14  providing day training and habilitation services. 
  2.15     Sec. 3.  [FEDERAL WAIVER REQUESTS.] 
  2.16     The commissioner of human services shall submit to the 
  2.17  federal Health Care Financing Administration by September 1, 
  2.18  2001, a request for a home and community-based services waiver 
  2.19  for day services, including:  community inclusion, supported 
  2.20  employment, and day training and habilitation services defined 
  2.21  in Minnesota Statutes, section 252.41, subdivision 3, clause 
  2.22  (1), for persons eligible for the waiver under Minnesota 
  2.23  Statutes, section 256B.092.  The waiver request must include 
  2.24  provisions to ensure that day services for eligible persons are 
  2.25  not provided by the person's residential service provider unless 
  2.26  the person or their legal representative is offered a choice of 
  2.27  providers and agrees in writing.  The provision in Minnesota 
  2.28  Statutes, section 256B.092, subdivision 1b, clause (4), must be 
  2.29  followed to ensure the person has frequent and regular contact 
  2.30  with persons other than the residential service provider to meet 
  2.31  health safety and protection needs. 
  2.32     Sec. 4.  [APPROPRIATION.] 
  2.33     $....... is appropriated from the general fund to the 
  2.34  commissioner of human services to carry out the purposes in 
  2.35  sections 1 to 3 and is available July 1, 2001.