2007 Minnesota Statutes

252.451 AGREEMENTS WITH BUSINESSES TO PROVIDE SUPPORT AND
SUPERVISION OF PERSONS WITH DEVELOPMENTAL DISABILITIES IN
COMMUNITY-BASED EMPLOYMENT.
    Subdivision 1. Definition. For the purposes of this section, "qualified business" means a
business that employs primarily nondisabled persons and will employ persons with developmental
disabilities. For purposes of this section, licensed providers of residential services for persons with
developmental disabilities are not a qualified business. A qualified business and its employees are
exempt from Minnesota Rules, parts 9525.1500 to 9525.1690 and 9525.1800 to 9525.1930.
    Subd. 2. Vendor participation and reimbursement. Notwithstanding requirements in
chapter 245A, and sections 252.28, 252.40 to 252.46, and 256B.501, vendors of day training and
habilitation services may enter into written agreements with qualified businesses to provide
additional training and supervision needed by individuals to maintain their employment.
    Subd. 3. Agreement specifications. Agreements must include the following:
(1) the type and amount of supervision and support to be provided by the business to the
individual in accordance with their needs as identified in their individual service plan;
(2) the methods used to periodically assess the individual's satisfaction with their work,
training, and support;
(3) the measures taken by the qualified business and the vendor to ensure the health, safety,
and protection of the individual during working hours, including the reporting of abuse and
neglect under state law and rules;
(4) the training and support services the vendor will provide to the qualified business,
including the frequency of on-site supervision and support; and
(5) any payment to be made to the qualified business by the vendor. Payment to the business
must be limited to:
(i) additional costs of training coworkers and managers that exceed ordinary and customary
training costs and are a direct result of employing a person with a developmental disability; and
(ii) additional costs for training, supervising, and assisting the person with a developmental
disability that exceed normal and customary costs required for performing similar tasks or duties.
Payments made to a qualified business under this section must not include incentive payments
to the qualified business or salary supplementation for the person with a developmental disability.
    Subd. 4. Client protection. Persons receiving training and support under this section may
not be denied their rights or procedural protections under section 256.045, subdivision 4a, or
256B.092, including the county agency's responsibility to arrange for appropriate services, as
necessary, in the event that persons lose their job or the contract with the qualified business is
terminated.
    Subd. 5. Vendor payment. (a) For purposes of this section, the vendor shall bill and the
commissioner shall reimburse the vendor for full-day or partial-day services to a client that would
otherwise have been paid to the vendor for providing direct services, provided that both of the
following criteria are met:
(1) the vendor provides services and payments to the qualified business that enable the
business to perform support and supervision services for the client that the vendor would
otherwise need to perform; and
(2) the client for whom a rate will be billed will receive full-day or partial-day services from
the vendor and the rate to be paid the vendor will allow the client to work with this support and
supervision at the qualified business instead of receiving these services from the vendor.
(b) Medical assistance reimbursement of services provided to persons receiving day training
and habilitation services under this section is subject to the limitations on reimbursement for
vocational services under federal law and regulation.
History: 1Sp1993 c 1 art 4 s 4; 1Sp1993 c 6 s 41; 1998 c 284 s 1; 2005 c 56 s 1