1.1.................... moves to amend H.F. No. 1 as follows:
1.2Page 139, line 11, delete "$100,000,000" and insert "$105,000,000"
1.3Page 153, line 24, after "incurred" insert "by the agency"
1.4Page 153, line 30, after "costs" insert "incurred by the agency"
1.5Page 153, after line 31, insert:
1.6    "Subd. 7. Appropriations; Department of Public Safety; State Patrol. (a) $193,000
1.7in fiscal year 2021 is appropriated from the general fund to the commissioner of public
1.8safety for the salary increases. This is a onetime appropriation.
1.9(b) $3,394,000 in fiscal year 2021 is appropriated from the trunk highway fund to the
1.10commissioner of public safety for the salary increases. This is a onetime appropriation.
1.11(c) $49,000 in fiscal year 2021 is appropriated from the highway user tax distribution
1.12fund to the commissioner of public safety for the salary increases. This is a onetime
1.13appropriation."
1.14Page 154, after line 1, insert:

1.15    "Sec. 3. STATE PATROL TROOPER SALARY INCREASE.
1.16The commissioner of public safety must increase the salary paid to state patrol troopers
1.17by 8.4 percent.
1.18EFFECTIVE DATE.This section is effective the day following final enactment."
1.19Page 154, line 24, after "costs" insert "incurred by the agency"
1.20Page 154, line 29, after "costs" insert "incurred by the agency"
1.21Page 155, delete lines 11 to 13 and insert:
2.1    "Subdivision 1. Application. This section applies to funds as specified in the following
2.2paragraphs:
2.3(1) funds allocated pursuant to the coronavirus relief fund request number 14 that are
2.4returned to the state by December 10, 2020; and
2.5(2) $10,000,000 of the unappropriated funds in the coronavirus relief fund. The
2.6commissioner shall direct $10,000,000 of federal CARES Act funding to appropriate state
2.7activities that have been funded by the state general fund."
2.8Page 155, line 16, delete "and 74" and insert "74, and 81"
2.9Page 155, line 18, delete "and 74" and insert "74, and 81"
2.10Page 155, line 21, delete "designed" and insert "designated" and delete "amount returned"
2.11and insert "amounts"
2.12Page 155, after line 26, insert:

2.13    "Sec. 9. FUND MAXIMIZATION.
2.14On or after December 31, 2020, the commissioner of management and budget is
2.15authorized to use best efforts to maximize the use of federal CARES Act funding, consistent
2.16with applicable federal guidance, and to use any unobligated amounts to fund eligible state
2.17activities appropriated for in the Laws 2020, chapters 66, 70, 71, 74, or 81.
2.18EFFECTIVE DATE.This section is effective the day following final enactment.


2.21    Section 1. Minnesota Statutes 2019 Supplement, section 256B.0659, subdivision 11, as
2.22amended by Laws 2020, chapter 115, article 4, section 128, is amended to read:
2.23    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant must
2.24meet the following requirements:
2.25(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of
2.26age with these additional requirements:
2.27(i) supervision by a qualified professional every 60 days; and
2.28(ii) employment by only one personal care assistance provider agency responsible for
2.29compliance with current labor laws;
2.30(2) be employed by a personal care assistance provider agency;
3.1(3) enroll with the department as a personal care assistant after clearing a background
3.2study. Except as provided in subdivision 11a, before a personal care assistant provides
3.3services, the personal care assistance provider agency must initiate a background study on
3.4the personal care assistant under chapter 245C, and the personal care assistance provider
3.5agency must have received a notice from the commissioner that the personal care assistant
3.6is:
3.7(i) not disqualified under section 245C.14; or
3.8(ii) disqualified, but the personal care assistant has received a set aside of the
3.9disqualification under section 245C.22;
3.10(4) be able to effectively communicate with the recipient and personal care assistance
3.11provider agency;
3.12(5) be able to provide covered personal care assistance services according to the recipient's
3.13personal care assistance care plan, respond appropriately to recipient needs, and report
3.14changes in the recipient's condition to the supervising qualified professional, physician, or
3.15advanced practice registered nurse;
3.16(6) not be a consumer of personal care assistance services;
3.17(7) maintain daily written records including, but not limited to, time sheets under
3.18subdivision 12;
3.19(8) effective January 1, 2010, complete standardized training as determined by the
3.20commissioner before completing enrollment. The training must be available in languages
3.21other than English and to those who need accommodations due to disabilities. Personal care
3.22assistant training must include successful completion of the following training components:
3.23basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic
3.24roles and responsibilities of personal care assistants including information about assistance
3.25with lifting and transfers for recipients, emergency preparedness, orientation to positive
3.26behavioral practices, fraud issues, and completion of time sheets. Upon completion of the
3.27training components, the personal care assistant must demonstrate the competency to provide
3.28assistance to recipients;
3.29(9) complete training and orientation on the needs of the recipient; and
3.30(10) be limited to providing and being paid for up to 275 310 hours per month of personal
3.31care assistance services regardless of the number of recipients being served or the number
3.32of personal care assistance provider agencies enrolled with. The number of hours worked
3.33per day shall not be disallowed by the department unless in violation of the law.
4.1(b) A legal guardian may be a personal care assistant if the guardian is not being paid
4.2for the guardian services and meets the criteria for personal care assistants in paragraph (a).
4.3(c) Persons who do not qualify as a personal care assistant include parents, stepparents,
4.4and legal guardians of minors; spouses; paid legal guardians of adults; family foster care
4.5providers, except as otherwise allowed in section 256B.0625, subdivision 19a; and staff of
4.6a residential setting.
4.7(d) Personal care assistance services qualify for the enhanced rate described in subdivision
4.817a if the personal care assistant providing the services:
4.9(1) provides covered services to a recipient who qualifies for 12 or more hours per day
4.10of personal care assistance services; and
4.11(2) satisfies the current requirements of Medicare for training and competency or
4.12competency evaluation of home health aides or nursing assistants, as provided in the Code
4.13of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
4.14training or competency requirements.
4.15EFFECTIVE DATE.This section is effective the day following final enactment.

4.16    Sec. 2. Minnesota Statutes 2019 Supplement, section 256B.85, subdivision 16, is amended
4.17to read:
4.18    Subd. 16. Support workers requirements. (a) Support workers shall:
4.19(1) enroll with the department as a support worker after a background study under chapter
4.20245C has been completed and the support worker has received a notice from the
4.21commissioner that the support worker:
4.22(i) is not disqualified under section 245C.14; or
4.23(ii) is disqualified, but has received a set-aside of the disqualification under section
4.24245C.22;
4.25(2) have the ability to effectively communicate with the participant or the participant's
4.26representative;
4.27(3) have the skills and ability to provide the services and supports according to the
4.28participant's CFSS service delivery plan and respond appropriately to the participant's needs;
4.29(4) complete the basic standardized CFSS training as determined by the commissioner
4.30before completing enrollment. The training must be available in languages other than English
4.31and to those who need accommodations due to disabilities. CFSS support worker training
5.1must include successful completion of the following training components: basic first aid,
5.2vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and
5.3responsibilities of support workers including information about basic body mechanics,
5.4emergency preparedness, orientation to positive behavioral practices, orientation to
5.5responding to a mental health crisis, fraud issues, time cards and documentation, and an
5.6overview of person-centered planning and self-direction. Upon completion of the training
5.7components, the support worker must pass the certification test to provide assistance to
5.8participants;
5.9(5) complete employer-directed training and orientation on the participant's individual
5.10needs;
5.11(6) maintain the privacy and confidentiality of the participant; and
5.12(7) not independently determine the medication dose or time for medications for the
5.13participant.
5.14(b) The commissioner may deny or terminate a support worker's provider enrollment
5.15and provider number if the support worker:
5.16(1) does not meet the requirements in paragraph (a);
5.17(2) fails to provide the authorized services required by the employer;
5.18(3) has been intoxicated by alcohol or drugs while providing authorized services to the
5.19participant or while in the participant's home;
5.20(4) has manufactured or distributed drugs while providing authorized services to the
5.21participant or while in the participant's home; or
5.22(5) has been excluded as a provider by the commissioner of human services, or by the
5.23United States Department of Health and Human Services, Office of Inspector General, from
5.24participation in Medicaid, Medicare, or any other federal health care program.
5.25(c) A support worker may appeal in writing to the commissioner to contest the decision
5.26to terminate the support worker's provider enrollment and provider number.
5.27(d) A support worker must not provide or be paid for more than 275 310 hours of CFSS
5.28per month, regardless of the number of participants the support worker serves or the number
5.29of agency-providers or participant employers by which the support worker is employed.
5.30The department shall not disallow the number of hours per day a support worker works
5.31unless it violates other law.
5.32(e) CFSS qualify for an enhanced rate if the support worker providing the services:
6.1(1) provides services, within the scope of CFSS described in subdivision 7, to a participant
6.2who qualifies for 12 or more hours per day of CFSS; and
6.3(2) satisfies the current requirements of Medicare for training and competency or
6.4competency evaluation of home health aides or nursing assistants, as provided in the Code
6.5of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
6.6training or competency requirements.
6.7EFFECTIVE DATE.This section is effective the day following final enactment.

6.8    Sec. 3. TEMPORARY PERSONAL CARE ASSISTANCE COMPENSATION FOR
6.9SERVICES PROVIDED BY A PARENT OR SPOUSE.
6.10(a) Notwithstanding Minnesota Statutes, section 256B.0659, subdivisions 3, paragraph
6.11(a), clause (1); 11, paragraph (c); and 19, paragraph (b), clause (3), during a peacetime
6.12emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision
6.132, for an outbreak of COVID-19, a parent, stepparent, or legal guardian of a minor who is
6.14a personal care assistance recipient or a spouse of a personal care assistance recipient may
6.15provide and be paid for providing personal care assistance services.
6.16(b) This section expires January 31, 2021, or 60 days after the peacetime emergency
6.17declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an
6.18outbreak of COVID-19, is terminated or rescinded by proper authority, whichever is later.
6.19EFFECTIVE DATE.This section is effective the day following final enactment or
6.20upon federal approval, whichever is later. The commissioner of human services shall notify
6.21the revisor of statutes when federal approval is obtained.

6.22    Sec. 4. DIRECT SUPPORT PROFESSIONALS TEMPORARY RATE INCREASE.
6.23    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have
6.24the meanings given.
6.25(b) "Commissioner" means the commissioner of human services.
6.26(c) "Covered program" has the meaning given in Minnesota Statutes, section 256B.0711,
6.27subdivision 1, paragraph (b).
6.28(d) "Direct support professional" means an individual employed to personally provide
6.29personal care assistance services covered by medical assistance under Minnesota Statutes,
6.30section 256B.0625, subdivisions 19a and 19c; or to personally provide medical assistance
6.31services covered under Minnesota Statutes, section 256B.0913, 256B.092, or 256B.49, or
7.1chapter 256S. Direct support professional does not include managerial or administrative
7.2staff who do not personally provide the services described in this paragraph.
7.3(e) "Direct support services" has the meaning given in Minnesota Statutes, section
7.4256B.0711, subdivision 1, paragraph (c).
7.5    Subd. 2. Temporary rates for direct support services. (a) To respond to the infectious
7.6disease known as COVID-19, the commissioner must temporarily increase rates and enhanced
7.7rates by 12.5 percent for direct support services provided under a covered program or under
7.8Minnesota Statutes, section 256B.0659, while this section is effective.
7.9(b) Providers that receive a rate increase under this section must:
7.10(1) use at least 80 percent of the additional revenue to increase wages, salaries, and
7.11benefits for direct support professionals and any corresponding increase in the employer's
7.12share of FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers'
7.13compensation premiums; and
7.14(2) use any remainder of the additional revenue for activities and items necessary to
7.15support compliance with Centers for Disease Control and Prevention guidance on sanitation
7.16and personal protective equipment.
7.17    Subd. 3. Capitation rates and directed payments. (a) To implement the temporary
7.18rate increase under this section, managed care plans and county-based purchasing plans
7.19shall pay at least the fee-for-service rate inclusive of the 12.5 percent increase for the direct
7.20support services.
7.21(b) The commissioner shall adjust capitation rates paid to managed care plans and
7.22county-based purchasing plans as needed to maintain managed care plans' required medical
7.23loss ratios.
7.24(c) If federal approval is not received due to the provisions of this subdivision, the
7.25commissioner must adjust the capitation rates paid to managed care plans and county-based
7.26purchasing plans for that contract year to reflect the removal of this provision. Contracts
7.27between managed care plans and providers and between county-based purchasing plans and
7.28providers must allow recovery of payments from providers if federal approval for the
7.29provisions of this subdivision is not received and the commissioner reduces capitation
7.30payments as a result. Payment recoveries must not exceed the amount equal to any decrease
7.31in rates that results from this paragraph.
8.1    Subd. 4. Consumer-directed community supports budgets. The commissioner shall
8.2temporarily adjust consumer-directed community supports budgets to account for the rate
8.3increase required in subdivision 2.
8.4    Subd. 5. Consumer support grants; increased maximum allowable grant. The
8.5commissioner shall temporarily increase the maximum allowable monthly grant level for
8.6each recipient of consumer support grants to account for the rate increase required in
8.7subdivision 2.
8.8    Subd. 6. Distribution plans. (a) A provider agency or individual provider that receives
8.9a rate increase under subdivision 2 shall prepare and, upon request, submit to the
8.10commissioner a distribution plan that specifies the anticipated amount and proposed uses
8.11of the additional revenue the provider will receive under subdivision 2.
8.12(b) Within 60 days of final enactment of this section, the provider must post the
8.13distribution plan and leave it posted for a period of at least six weeks in an area of the
8.14provider's operation to which all direct support professionals have access. The provider
8.15must post with the distribution plan instructions on how to contact the commissioner if
8.16direct support professionals do not believe they have received the wage increase or benefits
8.17specified in the distribution plan. The instructions must include a mailing address, e-mail
8.18address, and telephone number that the direct support professional may use to contact the
8.19commissioner or the commissioner's representative.
8.20    Subd. 7. Expiration. This section expires January 31, 2021; 60 days after the peacetime
8.21emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision
8.222, for an outbreak of COVID-19, is terminated or rescinded by proper authority; or when
8.23federal approval ends, whichever is later.
8.24EFFECTIVE DATE.This section is effective the day following final enactment or
8.25upon federal approval, whichever is later. The commissioner shall notify the revisor of
8.26statutes when federal approval is obtained.

8.27    Sec. 5. APPROPRIATION; HOME AND COMMUNITY-BASED DIRECT
8.28SUPPORT PROFESSIONALS.
8.29$13,251,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
8.30of human services to implement the direct support professional provisions in this act.
8.31EFFECTIVE DATE.This section is effective the day following final enactment."
8.32Renumber the sections in sequence and correct the internal references
9.1Amend the title accordingly