SF 2876

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/21/2022 11:21am

A bill for an act
relating to health and human services; granting the commissioner of human services
temporary authority to reinstate waivers and modifications to certain human services
programs; granting the commissioner of health temporary emergency authority to
grant certain COVID waivers; temporarily modifying the authority of the
Emergency Medical Services Regulatory Board; modifying the membership and
duties of the task force on eliminating subminimum wages; exempting certain rate
increases from a contingent appropriation requirement; establishing a temporary
staffing pool; appropriating money; amending Laws 2021, First Special Session
chapter 7, article 16, section 28; article 17, section 14.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Laws 2021, First Special Session chapter 7, article 16, section 28, is amended
to read:

Sec. 28. CONTINGENT APPROPRIATIONS.

Any appropriation in this act for a purpose included in Minnesota's initial state spending
plan as described in guidance issued by the Centers for Medicare and Medicaid Services
for implementation of section 9817 of the federal American Rescue Plan Act of 2021 is
contingent upon approval of that purpose by the Centers for Medicare and Medicaid Services new text begin ,
except for the rate increases specified in article 11, sections 12 and 19 new text end . This section expires
June 30, 2024.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Laws 2021, First Special Session chapter 7, article 17, section 14, is amended to
read:

Sec. 14. TASK FORCE ON deleted text begin ELIMINATING deleted text end SUBMINIMUM WAGES.

Subdivision 1.

Establishment; purpose.

The Task Force on deleted text begin Eliminating deleted text end Subminimum
Wages is established to develop a plan and make recommendations to deleted text begin phase out payment
of subminimum wages to people with disabilities on or before August 1, 2025 deleted text end new text begin promote
independence and increase opportunities for people with disabilities to earn competitive
wages new text end .

Subd. 2.

Definitions.

For the purposes of this section, "subminimum wage" means wages
authorized under section 14(c) of the federal Fair Labor Standards Act, Minnesota Statutes,
section 177.28, subdivision 5, or Minnesota Rules, parts 5200.0030 and 5200.0040.

Subd. 3.

Membership.

(a) The task force consists of deleted text begin 16 deleted text end new text begin 20 new text end members, appointed as
follows:

(1) the commissioner of human services or a designee;

(2) the commissioner of labor and industry or a designee;

(3) the commissioner of education or a designee;

(4) the commissioner of employment and economic development or a designee;

(5) a representative of the Department of Employment and Economic Development's
Vocational Rehabilitation Services Division appointed by the commissioner of employment
and economic development;

(6) one member appointed by the Minnesota Disability Law Center;

(7) one member appointed by The Arc of Minnesota;

(8) deleted text begin three deleted text end new text begin four new text end members who are persons with disabilities appointed by the commissioner
of human services, at least one of whom deleted text begin must be deleted text end new text begin is new text end neurodiverse, deleted text begin and deleted text end at least one of whom
deleted text begin must have deleted text end new text begin has new text end a significant physical disability new text begin , and at least one of whom at the time of the
appointment is being paid a subminimum wage new text end ;

(9) two representatives of employers authorized to pay subminimum wage and one
representative of an employer who successfully transitioned away from payment of
subminimum wages to people with disabilities, appointed by the commissioner of human
services;

(10) one member appointed by the Minnesota Organization for Habilitation and
Rehabilitation;

(11) one member appointed by ARRM; deleted text begin and
deleted text end

(12) one member appointed by the State Rehabilitation Council new text begin ; and
new text end

new text begin (13) three members who are parents or guardians of persons with disabilities appointed
by the commissioner of human services, at least one of whom is a parent or guardian of a
person who is neurodiverse, at least one of whom is a parent or guardian of a person with
a significant physical disability, and at least one of whom is a parent or guardian of a person
being paid a subminimum wage as of the date of the appointment new text end .

(b) To the extent possible, membership on the task force under paragraph (a) shall reflect
geographic parity throughout the state and representation from Black, Indigenous, and
communities of color.

Subd. 4.

Appointment deadline; first meeting; chair.

Appointing authorities must
complete member selections by January 1, 2022. The commissioner of human services shall
convene the first meeting of the task force by February 15, 2022. The task force shall select
a chair from among its members at its first meeting.

Subd. 5.

Compensation.

Members shall be compensated and may be reimbursed for
expenses as provided in Minnesota Statutes, section 15.059, subdivision 3.

Subd. 6.

Duties; plan and recommendations.

The task force shall:

(1) develop a plan to deleted text begin phase out the payment of subminimum wages to people with
disabilities by August 1, 2025 deleted text end new text begin promote independence and increase opportunities for people
with disabilities to earn competitive wages new text end ;

(2) consult with and advise the commissioner of human services on statewide plans for
deleted text begin limiting deleted text end new text begin reducing reliance on new text end subminimum wages in medical assistance home and
community-based services waivers under Minnesota Statutes, sections 256B.092 and
256B.49;

(3) engage with employees with disabilities paid subminimum wages and conduct
community education on the payment of subminimum wages to people with disabilities in
Minnesota;

(4) identify and collaborate with employees, employers, businesses, organizations,
agencies, and stakeholders deleted text begin impacted by the phase out of subminimum wage deleted text end on how to
implement the plan and create sustainable work opportunities for employees with disabilities;

(5) propose a plan to establish and evaluate benchmarks for measuring annual progress
toward deleted text begin eliminating deleted text end new text begin reducing reliance on new text end subminimum wages;

(6) propose a plan to monitor and track outcomes of employees with disabilities new text begin , including
those who transition to competitive employment new text end ;

(7) identify initiatives, investment, training, and services designed to improve wages,
reduce unemployment rates, and provide support and sustainable work opportunities for
persons with disabilities;

(8) identify benefits to the state deleted text begin in eliminating deleted text end new text begin of reducing reliance on new text end subminimum
deleted text begin wage by August 1, 2025 deleted text end new text begin wages new text end ;

(9) identify barriers to eliminating subminimum deleted text begin wage by August 1, 2025 deleted text end new text begin wages new text end , including
the cost of implementing and providing ongoing employment services, training, and support
for employees with disabilities deleted text begin and deleted text end new text begin , new text end the cost of paying minimum deleted text begin wage deleted text end new text begin wages new text end to employees
with disabilities new text begin , and the potential impact on persons with disabilities who would be unable
to find sustainable employment in the absence of a subminimum wage or who would not
choose competitive employment new text end ;

(10) make recommendations to eliminate the barriers identified in clause (9); and

(11) identify and make recommendations for sustainable financial support, funding, and
resources for deleted text begin eliminating deleted text end new text begin reducing reliance on new text end subminimum deleted text begin wage by August 1, 2025 deleted text end new text begin wages new text end .

Subd. 7.

Duties; provider reinvention grants.

(a) The commissioner of human services
shall establish a provider reinvention grant program to promote independence and increase
opportunities for people with disabilities to earn competitive wages. The commissioner
shall make the grants available to at least the following:

(1) providers of disability services under Minnesota Statutes, sections 256B.092 and
256B.49, for developing and implementing a business plan to deleted text begin shift the providers' business
models away from paying waiver participants subminimum deleted text end new text begin promote independence and
increase opportunities for people with disabilities to earn competitive new text end wages;

(2) organizations to develop peer-to-peer mentoring for people with disabilities who
have successfully transitioned to earning competitive wages;

(3) organizations to facilitate provider-to-provider mentoring to promote deleted text begin shifting away
from paying employees with disabilities a subminimum wage deleted text end new text begin independence and increase
opportunities for people with disabilities to earn competitive wages new text end ; and

(4) organizations to conduct family outreach and education on working with people with
disabilities who are transitioning from subminimum wage employment to competitive
employment.

(b) The provider reinvention grant program must be competitive. The commissioner of
human services must develop criteria for evaluating responses to requests for proposals.
Criteria for evaluating grant applications must be finalized no later than November 1, 2021.
The commissioner of human services shall administer grants in compliance with Minnesota
Statutes, sections 16B.97 and 16B.98, and related policies set forth by the Department of
Administration's Office of Grants Management.

(c) Grantees must work with the commissioner to develop their business model deleted text begin and, as
a condition of receiving grant funds, grantees must fully phase out the use of subminimum
wage by April 1, 2024, unless the grantee receives a waiver from the commissioner of
human services for a demonstrated need deleted text end new text begin to promote independence and increase opportunities
for people with disabilities to earn competitive wages new text end .

(d) Of the total amount available for provider reinvention grants, the commissioner may
award up to 25 percent of the grant funds to providers who have already successfully shifted
their business model away from paying employees with disabilities subminimum wages to
provide provider-to-provider mentoring to providers receiving a provider reinvention grant.

Subd. 8.

Report.

By February 15, 2023, the task force shall submit to the chairs and
ranking minority members of the committees and divisions in the senate and house of
representatives with jurisdiction over employment and wages and over health and human
services a report with recommendations to deleted text begin eliminate by August 1, 2025, the payment of
subminimum wage deleted text end new text begin increase opportunities for people with disabilities to earn competitive
wages new text end , and any changes to statutes, laws, or rules required to implement the recommendations
of the task force. The task force must include in the report a recommendation concerning
continuing the task force beyond its scheduled expiration.

Subd. 9.

Administrative support.

The commissioner of human services shall provide
meeting space and administrative services to the task force.

Subd. 10.

Expiration.

The task force shall conclude their duties and expire on March
31, 2024.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
commissioner of human services must make the additional appointments required under
this section within 30 days following final enactment.
new text end

Sec. 3. new text begin EMERGENCY MEDICAL SERVICES REGULATORY BOARD
TEMPORARY AUTHORITY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 144E.266, the Emergency Medical
Services Regulatory Board may temporarily suspend any of the requirements of Minnesota
Statutes, sections 144E.10; 144E.101, subdivisions 1, 2, 3, 6, 7, 8, 9, 10, 11, and 13;
144E.103; 144E.12; 144E.121; 144E.123; 144E.127; and 144E.15. Any requirements
suspended under this section remain suspended until the earlier of the following:
new text end

new text begin (1) the board reinstates the requirement; or
new text end

new text begin (2) June 30, 2023.
new text end

new text begin (b) Upon adoption by the board of an internal operating procedure authorizing the
executive director to do so, the executive director may immediately temporarily suspend
requirements listed in paragraph (a) for no longer than 72 hours.
new text end

new text begin (c) This section expires June 30, 2023.
new text end

new text begin (d) No later than 48 hours after suspending a requirement under this section, the executive
director of the Emergency Medical Services Regulatory Board must provide written notice
to the chairs and ranking minority members of the legislative committees with jurisdiction
over the Emergency Medical Services Regulatory Board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin COMMISSIONER OF HEALTH; TEMPORARY EMERGENCY
AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Temporary emergency authority granted. new text end

new text begin The commissioner of health
is granted temporary emergency authority as described in and limited by this section. The
temporary emergency authority granted to the commissioner may only be used to grant
individual or blanket state waivers.
new text end

new text begin Subd. 2. new text end

new text begin Individual or blanket waivers permitted. new text end

new text begin Temporary individual or blanket
waivers may be granted to waive requirements in the following statutes provided a granted
waiver does not adversely affect resident or patient care or quality of the services:
new text end

new text begin (1) Minnesota Statutes, chapter 144, for hospitals relating to hospital construction
moratorium or bed capacity restrictions, except that no individual or blanket waiver may
be granted that will result in construction or other physical alterations of a hospital that
cannot be removed at the expiration of the waiver; and
new text end

new text begin (2) Minnesota Statutes, chapters 144 and 144A, for nursing homes relating to bed
moratorium, bed capacity, layaway and nonlayaway beds, and the notice timeline
requirements for residents who are transferred or discharged as a response to COVID-19.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin (a) No later than 48 hours after an individual wavier or blanket waiver
under this section goes into effect, the commissioner must provide written notice of the
waiver to the appropriate ombudsman, if any, and to the chairs and ranking minority members
of the legislative committees with jurisdiction over the Department of Health.
new text end

new text begin (b) A waiver issued or granted under this section must be posted on the Department of
Health's website within 48 hours after being issued or granted and must include a
plain-language description of the waiver.
new text end

new text begin Subd. 4. new text end

new text begin Expiration of waivers. new text end

new text begin Any waiver granted by this section expires on June 30,
2022. This subdivision does not apply to nursing home transfer and discharge waivers if
necessary federal approval is not obtained prior to June 30, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin REINSTATEMENT AND EXTENSION OF COVID-19 PROGRAM
WAIVERS AND MODIFICATIONS.
new text end

new text begin The commissioner of human services may reinstate waivers and modifications to human
services programs as described in this section that were issued by the commissioner pursuant
to the governor's Executive Order 20-12, including any amendments to the waivers and
modifications. The waivers and modifications may remain in effect until June 30, 2022,
except CV03 and CV04 may remain in effect until June 30, 2023. The following waivers
and modifications to human services programs may be reinstated:
new text end

new text begin (1) CV03: allowing oral or written signatures by applicants on applications for public
assistance programs;
new text end

new text begin (2) CV04: allowing oral or written permission from public assistance program participants
for the Department of Human Services to contact third parties to verify reported information;
new text end

new text begin (3) CV11: allowing video conferencing in monthly foster care visits by a child's
caseworker when there is a declaration of a federal or state emergency that prohibits or
strongly discourages person-to-person contact for public health reasons;
new text end

new text begin (4) CV23: waiving mandatory direct contact supervision requirements to allow
case-by-case decisions to permit certain individuals to work without supervision while that
individual's background studies are being processed, as permitted under federal law and
regulation, and allowing the transition from name and date of birth studies of Minnesota
records only, for both existing studies and studies that may be initiated during the transition
period, to fingerprint-based background studies to resume on a schedule established by the
commissioner and published on the department's website. Waiver provisions permitting the
return to background studies of Minnesota records only for providers who are currently
transitioned to fingerprint-based studies shall not be reinstated;
new text end

new text begin (5) CV53: allowing qualified professionals to provide required in-person oversight of
personal care assistance workers via two-way interactive telecommunications for all program
participants who receive personal care assistance services; and
new text end

new text begin (6) CV89: allowing program participants to give oral, written, or expressed approval of
documents related to long-term services and supports that typically require in-person
signatures.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment except
for clauses (5) and (6), which are effective retroactively from September 1, 2021.
new text end

Sec. 6. new text begin CHILD CARE ASSISTANCE PROGRAM PAYMENT DURING
TEMPORARY CLOSURES FOR HEALTH CONCERNS RELATED TO COVID-19.
new text end

new text begin (a) The commissioner of human services may pay child care assistance to a child care
provider through June 26, 2022, when:
new text end

new text begin (1) children are not attending child care because the child care provider has temporarily
closed an entire program due to health concerns related to COVID-19; or
new text end

new text begin (2) a provider chooses to reduce or not charge fees for non-CCAP families because of
closed or absent days due to health concerns related to COVID-19.
new text end

new text begin (b) Child care assistance payments during temporary closures related to COVID-19 are
limited to up to eight weeks total per child care provider. A child care provider must report
any closure to the commissioner of human services prior to submitting a request for payment
under this section.
new text end

new text begin (c) A child care provider that receives a child care assistance payment under this section
and that charges or charged fees to families because of closed or absent days due to health
concerns related to COVID-19 shall not collect the amount charged from families for days
that the provider receives a payment under this section.
new text end

new text begin (d) Child care assistance program payments made to a provider for absent or closed days
are considered income for purposes of applying for a child care stabilization financial
hardship grant established pursuant to Laws 2021, First Special Session chapter 7, article
14, section 21, subdivision 4, paragraph (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from November 1, 2021,
except paragraph (d) is effective the day following final enactment.
new text end

Sec. 7. new text begin TEMPORARY MODIFICATIONS OF CHILD CARE CENTER STAFF;
DISTRIBUTION REQUIREMENTS.
new text end

new text begin (a) The commissioner of human services may temporarily suspend child care center
staff distribution requirements under Minnesota Rules, part 9503.0040, subpart 2, item D,
until June 30, 2022.
new text end

new text begin (b) A licensed child care center, except as allowed under Minnesota Rules, part
9503.0040, subpart 2, item B, must have at least one person qualified as a teacher on site
at all times when a child is in care at the licensed child care center. There must be a staff
person who is at least 18 years of age with each group of children, except as allowed under
Minnesota Rules, part 9503.0034, subpart 1.
new text end

new text begin (c) A licensed child care center must have a staff person on site who is responsible for
overseeing the operation of the daily activities of the program, ensuring the health and safety
of the children, and supervising staff. The on-site staff person is not required to meet the
qualifications of a director.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8. new text begin COMMISSIONER OF HUMAN SERVICES; TEMPORARY STAFFING
POOL; APPROPRIATION.
new text end

new text begin (a) The commissioner of human services shall establish a temporary emergency staffing
pool for congregate settings experiencing staffing crises. Vendor contracts may include
retention bonuses, sign-on bonuses, and payment for hours on call. The commissioner may
pay for necessary training, travel, and lodging expenses of the temporary staff. Contracts
for temporary staffing executed under this section: (1) should minimize the recruitment
away from providers' current workforces; and (2) may not be executed with an individual
until at least 30 days since the individual was last employed in Minnesota by one of the
types of facilities listed in paragraph (g).
new text end

new text begin (b) Temporary staff, at the request of the commissioner, may be deployed to long-term
care facilities and other congregate care residential facilities and programs experiencing an
emergency staffing crisis on or after the effective date of this section. Temporary staff must
be provided at no cost to the facility or program receiving the temporary staff.
new text end

new text begin (c) Members of the temporary staffing pool under this section are not state employees.
new text end

new text begin (d) The commissioner must coordinate the activities under this section with any other
impacted state agencies, to appropriately prioritize locations to deploy contracted temporary
staff.
new text end

new text begin (e) The commissioner must give priority for deploying staff to facilities and programs
with the most significant staffing crises and where, but for this assistance, residents would
be at significant risk of injury due to the need to transfer to another facility or a hospital for
adequately staffed care.
new text end

new text begin (f) A facility or program may seek onetime assistance per setting from the temporary
staffing pool only after the facility or program has used all resources available to obtain
temporary staff but is unable to meet the facility's or program's temporary staffing needs.
A facility or program may apply for temporary staff for up to 21 days. Applicants must
submit a proposed plan for ensuring resident safety at the end of that time period.
new text end

new text begin (g) Facilities and programs eligible to obtain temporary staff from the temporary staffing
pool include:
new text end

new text begin (1) nursing facilities;
new text end

new text begin (2) assisted living facilities;
new text end

new text begin (3) intermediate care facilities for persons with developmental disabilities;
new text end

new text begin (4) adult foster care or community residential settings;
new text end

new text begin (5) licensed substance use disorder treatment facilities;
new text end

new text begin (6) unlicensed county-based substance use disorder treatment facilities;
new text end

new text begin (7) licensed facilities for adults with mental illness;
new text end

new text begin (8) licensed detoxification programs;
new text end

new text begin (9) licensed withdrawal management programs;
new text end

new text begin (10) licensed children's residential facilities;
new text end

new text begin (11) licensed child foster residence settings;
new text end

new text begin (12) unlicensed, Tribal-certified facilities that perform functions similar to the licensed
facilities listed in this paragraph;
new text end

new text begin (13) boarding care homes;
new text end

new text begin (14) board and lodging establishments serving people with disabilities or disabling
conditions;
new text end

new text begin (15) board and lodging establishments with special services;
new text end

new text begin (16) supervised living facilities;
new text end

new text begin (17) supportive housing;
new text end

new text begin (18) sober homes;
new text end

new text begin (19) community-based halfway houses for people exiting the correctional system;
new text end

new text begin (20) shelters serving people experiencing homelessness;
new text end

new text begin (21) drop-in centers for people experiencing homelessness;
new text end

new text begin (22) homeless outreach services for unsheltered individuals;
new text end

new text begin (23) shelters for people experiencing domestic violence; and
new text end

new text begin (24) temporary isolation spaces for people who test positive for COVID-19.
new text end

new text begin (h) Notwithstanding Minnesota Statutes, chapter 16C, the commissioner may maintain,
extend, or renew contracts for temporary staffing entered into on or after September 1, 2020.
The commissioner may also enter into new contracts with eligible entities for temporary
staff deployed in the temporary staffing pool. The commissioner may use up to 6.5 percent
of this funding for the commissioner's costs related to administration of this program.
new text end

new text begin (i) The commissioner shall seek all allowable FEMA reimbursement for the costs of this
activity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9. new text begin APPROPRIATION; TEMPORARY STAFFING POOL.
new text end

new text begin $1,029,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of human services for the temporary staffing pool described in this act. This is a onetime
appropriation and is available until June 30, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end