2007 Minnesota Statutes

256B.0916 EXPANSION OF HOME AND COMMUNITY-BASED SERVICES.
    Subdivision 1.[Repealed, 2002 c 220 art 14 s 20]
    Subd. 2. Distribution of funds; partnerships. (a) Beginning with fiscal year 2000, the
commissioner shall distribute all funding available for home and community-based waiver
services for persons with developmental disabilities to individual counties or to groups of counties
that form partnerships to jointly plan, administer, and authorize funding for eligible individuals.
The commissioner shall encourage counties to form partnerships that have a sufficient number of
recipients and funding to adequately manage the risk and maximize use of available resources.
(b) Counties must submit a request for funds and a plan for administering the program as
required by the commissioner. The plan must identify the number of clients to be served, their
ages, and their priority listing based on:
(1) requirements in Minnesota Rules, part 9525.1880;
(2) unstable living situations due to the age or incapacity of the primary caregiver;
(3) the need for services to avoid out-of-home placement of children;
(4) the need to serve persons affected by private sector ICF/MR closures; and
(5) the need to serve persons whose consumer support grant exception amount was
eliminated in 2004.
The plan must also identify changes made to improve services to eligible persons and to improve
program management.
(c) In allocating resources to counties, priority must be given to groups of counties that
form partnerships to jointly plan, administer, and authorize funding for eligible individuals and
to counties determined by the commissioner to have sufficient waiver capacity to maximize
resource use.
(d) Within 30 days after receiving the county request for funds and plans, the commissioner
shall provide a written response to the plan that includes the level of resources available to serve
additional persons.
(e) Counties are eligible to receive medical assistance administrative reimbursement for
administrative costs under criteria established by the commissioner.
    Subd. 3. Failure to develop partnerships or submit a plan. (a) By October 1 of each year
the commissioner shall notify the county board if any county determined by the commissioner to
have insufficient capacity to maximize use of available resources fails to develop a partnership
with other counties or fails to submit a plan as required in subdivision 2. The commissioner
shall provide needed technical assistance to a county or group of counties that fails to form a
partnership or submit a plan. If a county has not joined a county partnership or submitted a plan
within 30 days following the notice by the commissioner of its failure, the commissioner shall
require and assist that county to develop a plan or contract with another county or group of
counties to plan and administer the waiver services program in that county.
(b) Counties may request technical assistance, management information, and administrative
support from the commissioner at any time. The commissioner shall respond to county requests
within 30 days. Priority shall be given to activities that support the administrative needs of newly
formed county partnerships.
    Subd. 4. Allowed reserve. Counties or groups of counties participating in partnerships that
have submitted a plan under this section may develop an allowed reserve amount to meet crises
and other unmet needs of current home and community-based waiver recipients. The amount of
the allowed reserve shall be a county specific amount based upon documented past experience and
projected need for the coming year described in an allowed reserve plan submitted for approval to
the commissioner with the allocation request for the fiscal year.
    Subd. 5. Allocation of new diversions and priorities for reassignment of resources for
developmental disabilities. (a) The commissioner shall monitor county utilization of allocated
resources and, as appropriate, reassign resources not utilized.
(b) Effective July 1, 2002, the commissioner shall authorize the spending of new diversion
resources beginning January 1 of each year.
(c) Effective July 1, 2002, the commissioner shall manage the reassignment of waiver
resources that occur from persons who have left the waiver in a manner that results in the cost
reduction equivalent to delaying the reuse of those waiver resources by 180 days.
(d) Priority consideration for reassignment of resources shall be given to counties that
form partnerships. In addition to the priorities listed in Minnesota Rules, part 9525.1880, the
commissioner shall also give priority consideration to persons whose living situations are unstable
due to the age or incapacity of the primary caregiver and to children to avoid out-of-home
placement.
    Subd. 6. Waiver request. (a) The commissioner shall submit to the federal Health Care
Financing Administration by September 1, 1999, a request for a waiver to include an option that
would allow waiver service recipients to directly receive 95 percent of the funds that would
be allocated to individuals based on written county criteria and procedures approved by the
commissioner for the purchase of services to meet their long-term care needs. The waiver
request must include a provision requiring recipients who receive funds directly to provide to the
commissioner annually, a description of the type of services used, the amount paid for the services
purchased, and the amount of unspent funds.
(b) The commissioner, in cooperation with county representatives, waiver service providers,
recipients, recipients' families, legal guardians, and advocacy groups, shall develop criteria for:
(1) eligibility to receive funding directly;
(2) determination of the amount of funds made available to each eligible person based on
need; and
(3) the accountability required of persons directly receiving funds.
(c) If this waiver is approved and implemented, any unspent money from the waiver services
allocation, including the five percent not directly allocated to recipients and any unspent portion
of the money that is directly allocated, shall be used to meet the needs of other eligible persons
waiting for services funded through the waiver.
(d) The commissioner, in consultation with county social services agencies, waiver services
providers, recipients, recipients' families, legal guardians, and advocacy groups shall evaluate the
effectiveness of this option within two years of its implementation.
    Subd. 6a. Statewide availability of consumer-directed community support services. (a)
The commissioner shall submit to the federal Health Care Financing Administration by August 1,
2001, an amendment to the home and community-based waiver for persons with developmental
disabilities to make consumer-directed community support services available in every county of
the state by January 1, 2002.
(b) If a county declines to meet the requirements for provision of consumer-directed
community supports, the commissioner shall contract with another county, a group of counties, or
a private agency to plan for and administer consumer-directed community supports in that county.
(c) The state of Minnesota, county agencies, tribal governments, or administrative entities
under contract to participate in the implementation and administration of the home and
community-based waiver for persons with developmental disabilities, shall not be liable for
damages, injuries, or liabilities sustained through the purchase of support by the individual, the
individual's family, legal representative, or the authorized representative with funds received
through the consumer-directed community support service under this section. Liabilities include
but are not limited to: workers' compensation liability, the Federal Insurance Contributions Act
(FICA), or the Federal Unemployment Tax Act (FUTA).
    Subd. 7. Annual report by commissioner. Beginning November 1, 2001, and each
November 1 thereafter, the commissioner shall issue an annual report on county and state use of
available resources for the home and community-based waiver for persons with developmental
disabilities. For each county or county partnership, the report shall include:
(1) the amount of funds allocated but not used;
(2) the county specific allowed reserve amount approved and used;
(3) the number, ages, and living situations of individuals screened and waiting for services;
(4) the urgency of need for services to begin within one, two, or more than two years for
each individual;
(5) the services needed;
(6) the number of additional persons served by approval of increased capacity within
existing allocations;
(7) results of action by the commissioner to streamline administrative requirements and
improve county resource management; and
(8) additional action that would decrease the number of those eligible and waiting for
waivered services.
The commissioner shall specify intended outcomes for the program and the degree to which
these specified outcomes are attained.
    Subd. 8. Financial information by county. 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 developmental disabilities,
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.
    Subd. 9. Legal representative participation exception. The commissioner, in cooperation
with representatives of counties, service providers, service recipients, family members, legal
representatives and advocates, shall develop criteria to allow legal representatives to be
reimbursed for providing specific support services to meet the person's needs when a plan which
assures health and safety has been agreed upon and carried out by the legal representative,
the person, and the county. Legal representatives providing support under the home and
community-based waiver for persons with developmental disabilities or the consumer support
grant program pursuant to section 256.476, shall not be considered to have a direct or indirect
service provider interest under section 256B.092, subdivision 7, if a health and safety plan which
meets the criteria established has been agreed upon and implemented. By August 1, 2001, the
commissioner shall submit, for federal approval, amendments to allow legal representatives to
provide support and receive reimbursement under the home and community-based waiver plan.
    Subd. 10. Transitional supports allowance. A transitional supports allowance shall be
available to all persons under a home and community-based waiver who are moving from a
licensed setting to a community setting. "Transitional supports allowance" means a onetime
payment of up to $3,000, to cover the costs, not covered by other sources, associated with moving
from a licensed setting to a community setting. Covered costs include:
(1) lease or rent deposits;
(2) security deposits;
(3) utilities set-up costs, including telephone;
(4) essential furnishings and supplies; and
(5) personal supports and transports needed to locate and transition to community settings.
History: 1Sp1993 c 1 art 4 s 8; 1998 c 407 art 4 s 39; 1999 c 245 art 4 s 61; 2000 c 488 art
11 s 7; 1Sp2001 c 9 art 3 s 43-45; 2002 c 220 art 14 s 6; 2002 c 379 art 1 s 113; 2004 c 288 art 3
s 24; 2005 c 56 s 1; 1Sp2005 c 4 art 8 s 46