1998 Minnesota Statutes

     256B.0916 Expansion of home and community-based 
  services; management and allocation responsibilities. 

    (a) The commissioner shall expand availability of home and 
 community-based services for persons with mental retardation and 
 related conditions to the extent allowed by federal law and 
 regulation and shall assist counties in transferring persons 
 from semi-independent living services to home and 
 community-based services.  The commissioner may transfer funds 
 from the state semi-independent living services account 
 available under section 252.275, subdivision 8, and state 
 community social services aids available under section 256E.15 
 to the medical assistance account to pay for the nonfederal 
 share of nonresidential and residential home and community-based 
 services authorized under section 256B.092 for persons 
 transferring from semi-independent living services. 

    (b) Upon federal approval, county boards are not 
 responsible for funding semi-independent living services as a 
 social service for those persons who have transferred to the 
 home and community-based waiver program as a result of the 
 expansion under this subdivision.  The county responsibility for 
 those persons transferred shall be assumed under section 
 256B.092.  Notwithstanding the provisions of section 252.275, 
 the commissioner shall continue to allocate funds under that 
 section for semi-independent living services and county boards 
 shall continue to fund services under sections 256E.06 and 
 256E.14 for those persons who cannot access home and 
 community-based services under section 256B.092. 

    (c) Eighty percent of the state funds made available to the 
 commissioner under section 252.275 as a result of persons 
 transferring from the semi-independent living services program 
 to the home and community-based services program shall be used 
 to fund additional persons in the semi-independent living 
 services program. 

    (d) Beginning August 1, 1998, the commissioner shall issue 
 an annual report on the home and community-based waiver for 
 persons with mental retardation or related conditions, that 
 includes a list of the counties in which less than 95 percent of 
 the allocation provided, excluding the county waivered services 
 reserve, has been committed for two or more quarters during the 
 previous state fiscal year.  For each listed county, the report 
 shall include the amount of funds allocated but not used, the 
 number and ages of individuals screened and waiting for 
 services, the services needed, a description of the technical 
 assistance provided by the commissioner to assist the counties 
 in jointly planning with other counties in order to serve more 
 persons, and additional actions which will be taken to serve 
 those screened and waiting for services. 

    (e) The commissioner shall make available to interested 
 parties, upon request, financial information by county including 
 the amount of resources allocated for the home and 
 community-based waiver for persons with mental retardation and 
 related conditions, the resources committed, the number of 
 persons screened and waiting for services, the type of services 
 requested by those waiting, and the amount of allocated 
 resources not committed. 

    HIST: 1Sp1993 c 1 art 4 s 8; 1998 c 407 art 4 s 39