Bill Text: MN SF605 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Congregate living for individuals with lower needs reduction of rates modification
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2013-03-13 - Withdrawn and re-referred to Finance [SF605 Detail]
Download: Minnesota-2013-SF605-Introduced.html
1.2relating to human services; modifying reduction of rates for congregate living
1.3for individuals with lower needs;amending Laws 2011, First Special Session
1.4chapter 9, article 10, section 3, subdivision 3, as amended.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Laws 2011, First Special Session chapter 9, article 10, section 3, subdivision
1.73, as amended by Laws 2012, chapter 247, article 4, section 43, is amended to read:
1.9The amounts that may be spent from this
1.10appropriation for each purpose are as follows:
1.17General Assistance Standard. The
1.18commissioner shall set the monthly standard
1.19of assistance for general assistance units
1.20consisting of an adult recipient who is
1.21childless and unmarried or living apart
1.22from parents or a legal guardian at $203.
1.23The commissioner may reduce this amount
2.1according to Laws 1997, chapter 85, article
2.23, section 54.
2.3Emergency General Assistance. The
2.4amount appropriated for emergency general
2.5assistance funds is limited to no more than
2.6$6,689,812 in fiscal year 2012 and $6,729,812
2.7in fiscal year 2013. Funds to counties shall
2.8be allocated by the commissioner using the
2.9allocation method specified in Minnesota
2.10Statutes, section256D.06 .
2.14This appropriation is from the health care
2.15access fund.
2.17Managed Care Incentive Payments. The
2.18commissioner shall not make managed care
2.19incentive payments for expanding preventive
2.20services during fiscal years beginning July 1,
2.212011, and July 1, 2012.
2.22Reduction of Rates for Congregate
2.23Living for Individuals with Lower Needs.
2.24Beginning October 1, 2011, lead agencies
2.25must reduce rates in effect on January 1,
2.262011, by ten percent for individuals with
2.27lower needs living in foster care settings
2.28where the license holder does not share the
2.29residence with recipients on the CADI and
2.30DD waivers and customized living settings
2.31for CADI. Lead agencies shall consult
2.32with providers to review individual service
2.33plans and identify changes or modifications
2.34to reduce the utilization of services while
3.1maintaining the health and safety of the
3.2individual receiving services. Lead agencies
3.3must adjust contracts within 60 days of the
3.4effective date. If federal waiver approval
3.5is obtained under the long-term care
3.6realignment waiver application submitted
3.7on February 13, 2012, and federal financial
3.8participation is authorized for the alternative
3.9care program, the commissioner shall adjust
3.10this payment rate reduction from ten to five
3.11percent for services rendered on or after
3.12July 1, 2012, or the first day of the month
3.13following federal approval, whichever is
3.14later. Effective August 1, 2013, this provision
3.15does not apply to individuals living in foster
3.16care settings where the license holder is
3.17certified under the requirements of Minnesota
3.18Statutes, section 245A.03, subdivision 6a.
3.19Reduction of Lead Agency Waiver
3.20Allocations to Implement Rate Reductions
3.21for Congregate Living for Individuals
3.22with Lower Needs. Beginning October 1,
3.232011, the commissioner shall reduce lead
3.24agency waiver allocations to implement the
3.25reduction of rates for individuals with lower
3.26needs living in foster care settings where the
3.27license holder does not share the residence
3.28with recipients on the CADI and DD waivers
3.29and customized living settings for CADI.
3.30Reduce customized living and 24-hour
3.31customized living component rates.
3.32Effective July 1, 2011, the commissioner
3.33shall reduce elderly waiver customized living
3.34and 24-hour customized living component
3.35service spending by five percent through
3.36reductions in component rates and service
4.1rate limits. The commissioner shall adjust
4.2the elderly waiver capitation payment
4.3rates for managed care organizations paid
4.4under Minnesota Statutes, section256B.69,
4.5subdivisions 6a and 23, to reflect reductions
4.6in component spending for customized living
4.7services and 24-hour customized living
4.8services under Minnesota Statutes, section
4.9256B.0915, subdivisions 3e
and 3h, for the
4.10contract period beginning January 1, 2012.
4.11To implement the reduction specified in
4.12this provision, capitation rates paid by the
4.13commissioner to managed care organizations
4.14under Minnesota Statutes, section256B.69 ,
4.15shall reflect a ten percent reduction for the
4.16specified services for the period January 1,
4.172012, to June 30, 2012, and a five percent
4.18reduction for those services on or after July
4.191, 2012.
4.20Limit Growth in the Developmental
4.21Disability Waiver. The commissioner
4.22shall limit growth in the developmental
4.23disability waiver to six diversion allocations
4.24per month beginning July 1, 2011, through
4.25June 30, 2013, and 15 diversion allocations
4.26per month beginning July 1, 2013, through
4.27June 30, 2015. Waiver allocations shall
4.28be targeted to individuals who meet the
4.29priorities for accessing waiver services
4.30identified in Minnesota Statutes,256B.092,
4.31subdivision 12 . The limits do not include
4.32conversions from intermediate care facilities
4.33for persons with developmental disabilities.
4.34Notwithstanding any contrary provisions in
4.35this article, this paragraph expires June 30,
4.362015.
5.1Limit Growth in the Community
5.2Alternatives for Disabled Individuals
5.3Waiver. The commissioner shall limit
5.4growth in the community alternatives for
5.5disabled individuals waiver to 60 allocations
5.6per month beginning July 1, 2011, through
5.7June 30, 2013, and 85 allocations per
5.8month beginning July 1, 2013, through
5.9June 30, 2015. Waiver allocations must
5.10be targeted to individuals who meet the
5.11priorities for accessing waiver services
5.12identified in Minnesota Statutes, section
5.13256B.49, subdivision 11a
. The limits include
5.14conversions and diversions, unless the
5.15commissioner has approved a plan to convert
5.16funding due to the closure or downsizing
5.17of a residential facility or nursing facility
5.18to serve directly affected individuals on
5.19the community alternatives for disabled
5.20individuals waiver. Notwithstanding any
5.21contrary provisions in this article, this
5.22paragraph expires June 30, 2015.
5.23Personal Care Assistance Relative
5.24Care. The commissioner shall adjust the
5.25capitation payment rates for managed care
5.26organizations paid under Minnesota Statutes,
5.27section256B.69 , to reflect the rate reductions
5.28for personal care assistance provided by
5.29a relative pursuant to Minnesota Statutes,
5.30section256B.0659, subdivision 11 . This rate
5.31reduction is effective July 1, 2013.
5.33Alternative Care Transfer. Any money
5.34allocated to the alternative care program that
5.35is not spent for the purposes indicated does
6.1not cancel but shall be transferred to the
6.2medical assistance account.
6.4EFFECTIVE DATE.This section is effective August 1, 2013.
1.3for individuals with lower needs;amending Laws 2011, First Special Session
1.4chapter 9, article 10, section 3, subdivision 3, as amended.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Laws 2011, First Special Session chapter 9, article 10, section 3, subdivision
1.73, as amended by Laws 2012, chapter 247, article 4, section 43, is amended to read:
1.8 |
Subd. 3.Forecasted Programs |
1.10appropriation for each purpose are as follows:
1.11 |
(a) MFIP/DWP Grants |
1.12 |
Appropriations by Fund |
||
1.13 |
General |
84,680,000 |
91,978,000 |
1.14 |
Federal TANF |
84,425,000 |
75,417,000 |
1.15 |
(b) MFIP Child Care Assistance Grants |
55,456,000 |
30,923,000 |
1.16 |
(c) General Assistance Grants |
49,192,000 |
46,938,000 |
1.18commissioner shall set the monthly standard
1.19of assistance for general assistance units
1.20consisting of an adult recipient who is
1.21childless and unmarried or living apart
1.22from parents or a legal guardian at $203.
1.23The commissioner may reduce this amount
2.1according to Laws 1997, chapter 85, article
2.23, section 54.
2.3Emergency General Assistance. The
2.4amount appropriated for emergency general
2.5assistance funds is limited to no more than
2.6$6,689,812 in fiscal year 2012 and $6,729,812
2.7in fiscal year 2013. Funds to counties shall
2.8be allocated by the commissioner using the
2.9allocation method specified in Minnesota
2.10Statutes, section
2.11 |
(d) Minnesota Supplemental Aid Grants |
38,095,000 |
39,120,000 |
2.12 |
(e) Group Residential Housing Grants |
121,080,000 |
129,238,000 |
2.13 |
(f) MinnesotaCare Grants |
295,046,000 |
317,272,000 |
2.15access fund.
2.16 |
(g) Medical Assistance Grants |
4,501,582,000 |
4,437,282,000 |
2.18commissioner shall not make managed care
2.19incentive payments for expanding preventive
2.20services during fiscal years beginning July 1,
2.212011, and July 1, 2012.
2.22Reduction of Rates for Congregate
2.23Living for Individuals with Lower Needs.
2.24Beginning October 1, 2011, lead agencies
2.25must reduce rates in effect on January 1,
2.262011, by ten percent for individuals with
2.27lower needs living in foster care settings
2.28where the license holder does not share the
2.29residence with recipients on the CADI and
2.30DD waivers and customized living settings
2.31for CADI. Lead agencies shall consult
2.32with providers to review individual service
2.33plans and identify changes or modifications
2.34to reduce the utilization of services while
3.1maintaining the health and safety of the
3.2individual receiving services. Lead agencies
3.3must adjust contracts within 60 days of the
3.4effective date. If federal waiver approval
3.5is obtained under the long-term care
3.6realignment waiver application submitted
3.7on February 13, 2012, and federal financial
3.8participation is authorized for the alternative
3.9care program, the commissioner shall adjust
3.10this payment rate reduction from ten to five
3.11percent for services rendered on or after
3.12July 1, 2012, or the first day of the month
3.13following federal approval, whichever is
3.14later. Effective August 1, 2013, this provision
3.15does not apply to individuals living in foster
3.16care settings where the license holder is
3.17certified under the requirements of Minnesota
3.18Statutes, section 245A.03, subdivision 6a.
3.19Reduction of Lead Agency Waiver
3.20Allocations to Implement Rate Reductions
3.21for Congregate Living for Individuals
3.22with Lower Needs. Beginning October 1,
3.232011, the commissioner shall reduce lead
3.24agency waiver allocations to implement the
3.25reduction of rates for individuals with lower
3.26needs living in foster care settings where the
3.27license holder does not share the residence
3.28with recipients on the CADI and DD waivers
3.29and customized living settings for CADI.
3.30Reduce customized living and 24-hour
3.31customized living component rates.
3.32Effective July 1, 2011, the commissioner
3.33shall reduce elderly waiver customized living
3.34and 24-hour customized living component
3.35service spending by five percent through
3.36reductions in component rates and service
4.1rate limits. The commissioner shall adjust
4.2the elderly waiver capitation payment
4.3rates for managed care organizations paid
4.4under Minnesota Statutes, section
4.5subdivisions 6a
4.6in component spending for customized living
4.7services and 24-hour customized living
4.8services under Minnesota Statutes, section
4.10contract period beginning January 1, 2012.
4.11To implement the reduction specified in
4.12this provision, capitation rates paid by the
4.13commissioner to managed care organizations
4.14under Minnesota Statutes, section
4.15shall reflect a ten percent reduction for the
4.16specified services for the period January 1,
4.172012, to June 30, 2012, and a five percent
4.18reduction for those services on or after July
4.191, 2012.
4.20Limit Growth in the Developmental
4.21Disability Waiver. The commissioner
4.22shall limit growth in the developmental
4.23disability waiver to six diversion allocations
4.24per month beginning July 1, 2011, through
4.25June 30, 2013, and 15 diversion allocations
4.26per month beginning July 1, 2013, through
4.27June 30, 2015. Waiver allocations shall
4.28be targeted to individuals who meet the
4.29priorities for accessing waiver services
4.30identified in Minnesota Statutes,
4.31subdivision 12
4.32conversions from intermediate care facilities
4.33for persons with developmental disabilities.
4.34Notwithstanding any contrary provisions in
4.35this article, this paragraph expires June 30,
4.362015.
5.1Limit Growth in the Community
5.2Alternatives for Disabled Individuals
5.3Waiver. The commissioner shall limit
5.4growth in the community alternatives for
5.5disabled individuals waiver to 60 allocations
5.6per month beginning July 1, 2011, through
5.7June 30, 2013, and 85 allocations per
5.8month beginning July 1, 2013, through
5.9June 30, 2015. Waiver allocations must
5.10be targeted to individuals who meet the
5.11priorities for accessing waiver services
5.12identified in Minnesota Statutes, section
5.14conversions and diversions, unless the
5.15commissioner has approved a plan to convert
5.16funding due to the closure or downsizing
5.17of a residential facility or nursing facility
5.18to serve directly affected individuals on
5.19the community alternatives for disabled
5.20individuals waiver. Notwithstanding any
5.21contrary provisions in this article, this
5.22paragraph expires June 30, 2015.
5.23Personal Care Assistance Relative
5.24Care. The commissioner shall adjust the
5.25capitation payment rates for managed care
5.26organizations paid under Minnesota Statutes,
5.27section
5.28for personal care assistance provided by
5.29a relative pursuant to Minnesota Statutes,
5.30section
5.31reduction is effective July 1, 2013.
5.32 |
(h) Alternative Care Grants |
46,421,000 |
46,035,000 |
5.34allocated to the alternative care program that
5.35is not spent for the purposes indicated does
6.1not cancel but shall be transferred to the
6.2medical assistance account.
6.3 |
(i) Chemical Dependency Entitlement Grants |
94,675,000 |
93,298,000 |