Journal of the House - 41st Day - Wednesday, April 5, 2017 - Top of Page 3999

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2017

 

_____________________

 

FORTY-FIRST DAY

 

Saint Paul, Minnesota, Wednesday, April 5, 2017

 

 

      The House of Representatives convened at 10:00 a.m. and was called to order by Kurt Daudt, Speaker of the House.

 

      Prayer was offered by Rabbi Michael Adam Latz, Shir Tikvah Congregation, Minneapolis, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Wills was excused until 1:00 p.m.  Garofalo was excused until 1:05 p.m.  Slocum was excused until 1:15 p.m.  Mariani was excused until 1:30 p.m.  Pugh was excused until 1:45 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


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REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

O'Driscoll from the Committee on Government Operations and Elections Policy to which was referred:

 

H. F. No. 2290, A bill for an act relating to local government; modifying the manner of compensation for examiner and deputy examiner of titles in Sherburne County; amending Minnesota Statutes 2016, section 508.12, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, after line 5, insert:

 

"Section 1.  Minnesota Statutes 2016, section 3.8843, subdivision 7, is amended to read:

 

Subd. 7.  Expiration.  This section expires June 30, 2017 2019.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 2.  [4.465] PERSONNEL EXPANSION; WASHINGTON OFFICE PROHIBITED.

 

For the biennium ending June 30, 2019, appropriations provided to the Office of the Governor by law may not be used to support the hiring of additional personnel, to support current personnel in the office assigned to oversee federal policy or federal government relations, or to maintain office space located in the District of Columbia.

 

Sec. 3.  Minnesota Statutes 2016, section 16E.016, is amended to read:

 

16E.016 RESPONSIBILITY FOR INFORMATION TECHNOLOGY SERVICES AND EQUIPMENT.

 

(a) The chief information officer is responsible for providing or entering into managed services contracts for the provision, improvement, and development of the following information technology systems and services to state agencies:

 

(1) state data centers;

 

(2) mainframes including system software;

 

(3) servers including system software;

 

(4) desktops including system software;

 

(5) laptop computers including system software;

 

(6) a data network including system software;

 

(7) database, electronic mail, office systems, reporting, and other standard software tools;

 

(8) business application software and related technical support services;

 

(9) help desk for the components listed in clauses (1) to (8);


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(10) maintenance, problem resolution, and break-fix for the components listed in clauses (1) to (8);

 

(11) regular upgrades and replacement for the components listed in clauses (1) to (8); and

 

(12) network-connected output devices.

 

(b) All state agency employees whose work primarily involves functions specified in paragraph (a) are employees of the Office of MN.IT Services.  This includes employees who directly perform the functions in paragraph (a), as well as employees whose work primarily involves managing, supervising, or providing administrative services or support services to employees who directly perform these functions.  The chief information officer may assign employees of the office to perform work exclusively for another state agency.

 

(c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow a state agency to obtain services specified in paragraph (a) through a contract with an outside vendor when the chief information officer and the agency head agree that a contract would provide best value, as defined in section 16C.02, under the service-level agreement.  The chief information officer must require that agency contracts with outside vendors ensure that systems and services are compatible with standards established by the Office of MN.IT Services.

 

(d) The Minnesota State Retirement System, the Public Employees Retirement Association, the Teachers Retirement Association, the State Board of Investment, the Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide Radio Board are not state agencies for purposes of this section.

 

Sec. 4.  Minnesota Statutes 2016, section 190.19, subdivision 2a, is amended to read:

 

Subd. 2a.  Uses; veterans.  (a) Money appropriated to the Department of Veterans Affairs from the Minnesota "Support Our Troops" account may be used for:

 

(1) grants to veterans service organizations;

 

(2) outreach to underserved veterans;

 

(3) providing services and programs for veterans and their families;

 

(4) transfers to the vehicle services account for Gold Star license plates under section 168.1253;

 

(5) grants of up to $100,000 to any organization approved by the commissioner of veterans affairs for the purpose of supporting and improving the lives of veterans and their families; and

 

(6) grants to an eligible foundation.; and

 

(7) the agency's uncompensated burial costs for eligible dependents to whom the commissioner grants a no-fee or reduced-fee burial in the state's veteran cemeteries pursuant to section 197.236, subdivision 9, paragraph (b).

 

(b) For purposes of this subdivision, "eligible foundation" includes any organization that:

 

(1) is a tax-exempt organization under section 501(c) of the Internal Revenue Code; and

 

(2) is a nonprofit corporation under chapter 317A and the organization's articles of incorporation specify that a purpose of the organization includes:  (i) providing assistance to veterans and their families; or (ii) enhancing the lives of veterans and their families.


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Sec. 5.  Minnesota Statutes 2016, section 197.236, subdivision 9, is amended to read:

 

Subd. 9.  Burial fees.  (a) The commissioner of veterans affairs shall establish a fee schedule, which may be adjusted from time to time, for the interment of eligible spouses and dependent children.  The fees shall cover as nearly as practicable the actual costs of interment, excluding the value of the plot.

 

(b) Upon application, the commissioner may waive or reduce the burial fee in the case of for an indigent eligible person.  The commissioner shall develop a policy, eligibility standards, and application form for requests to waive or reduce the burial fee to indigent eligible applicants.

 

(c) No plot or interment fees may be charged for the burial of service members who die on active duty or eligible veterans, as defined in United States Code, title 38, section 101, paragraph (2).

 

Sec. 6.  [270C.303] FREE ELECTRONIC FILING OF INDIVIDUAL INCOME TAX RETURNS.

 

(a) The commissioner must develop and implement a system for the secure electronic filing of individual income tax returns and payment of individual income tax liabilities on the department's Web site at no cost.  The system must allow for filing of individual returns by individuals and also by tax preparers.

 

(b) The system must automatically populate returns with taxpayer data available to the commissioner including but not limited to wage data received from one or more employers, state income tax withheld by one or more employers, and additional taxes owed to the state or refund owed to the taxpayer.

 

(c) The system must be available:

 

(1) by January 15, 2019, for the filing and payment of tax year 2018 individual income taxes of filers with income only from wages, fewer than five dependents, and federal adjusted gross income less than $200,000 for married couples filing joint returns, and less than $100,000 for all other filers; and

 

(2) by January 15, 2020, for the filing and payment of tax year 2019 individual income taxes of filers with income only from wages, Social Security benefits, interest, dividends, individual retirement account distributions and pensions, fewer than five dependents, and federal adjusted gross income less than $200,000 for married couples filing joint returns, and less than $100,000 for all other filers.

 

(d) For purposes of this section, "federal adjusted gross income" has the meaning given in section 62 of the Internal Revenue Code.  Other terms have the meanings given in chapter 290.

 

(e) By September 15 of each year, beginning in 2019, the commissioner must provide a report to the committees of the house of representatives and senate with jurisdiction over taxes, in compliance with sections 3.195 and 3.197.  The report must include statistics on usage of the free electronic filing system required in this section; ways in which the commissioner could expand the system, including draft legislation if needed for system expansion; and any other information the commissioner considers relevant.

 

Sec. 7.  Minnesota Statutes 2016, section 353.27, subdivision 3c, is amended to read:

 

Subd. 3c.  Former MERF members; member and employer contributions.  (a) For the period July 1, 2015, through December 31, 2031, the member contributions for former members of the Minneapolis Employees Retirement Fund and by the former Minneapolis Employees Retirement Fund-covered employing units are governed by this subdivision.


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(b) The member contribution for a public employee who was a member of the former Minneapolis Employees Retirement Fund on June 29, 2010, is 9.75 percent of the salary of the employee.

 

(c) The employer regular contribution with respect to a public employee who was a member of the former Minneapolis Employees Retirement Fund on June 29, 2010, is 9.75 percent of the salary of the employee.

 

(d) For calendar years 2015 and 2016, The annual employer supplemental contribution is the employing unit's share of $31,000,000.  For calendar years 2017 through 2031, the employer supplemental contribution is the employing unit's share of $21,000,000.

 

(e) Each employing unit's share under paragraph (d) is the amount determined from an allocation between each employing unit in the portion equal to the unit's employer supplemental contribution paid or payable under Minnesota Statutes 2012, section 353.50, during calendar year 2014.

 

(f) The employer supplemental contribution amount under paragraph (d) for calendar year 2015 must be invoiced by the executive director of the Public Employees Retirement Association by July 1, 2015.  The calendar year 2015 payment is payable in a single amount on or before September 30, 2015.  For subsequent calendar years, the employer supplemental contribution under paragraph (d) must be invoiced on January 31 of each year and is payable in two parts, with the first half payable on or before July 31 and with the second half payable on or before December 15.  Late payments are payable with compound interest at the rate of 0.71 percent per month for each month or portion of a month that has elapsed after the due date.

 

(g) The employer supplemental contribution under paragraph (d) terminates on December 31, 2031.

 

Sec. 8.  Minnesota Statutes 2016, section 353.505, is amended to read:

 

353.505 STATE CONTRIBUTIONS; FORMER MERF DIVISION.

 

(a) On September 15, 2015, and September 15, 2016, and annually thereafter, the state shall pay to the general employees retirement plan of the Public Employees Retirement Association, with respect to the former MERF division, $6,000,000.  By September 15 of each year after 2016, the state shall pay to the general employees retirement plan of the Public Employees Retirement Association, with respect to the former MERF division, $16,000,000.

 

(b) State contributions under this section end on September 15, 2031."

 

Page 1, after line 22, insert:

 

"Sec. 10.  Minnesota Statutes 2016, section 518A.79, is amended by adding a subdivision to read:

 

Subd. 3a.  Open meetings.  Except as otherwise provided in this section, the task force is subject to chapter 13D.  A meeting of the task force occurs when a quorum is present and the members receive information, discuss, or take action on any matter relating to the duties of the task force.  The task force may conduct meetings as provided in section 13D.015 or 13D.02.  The task force may conduct meetings at any location in the state that is appropriate for the purposes of the task force as long as the location is open and accessible to the public.  For legislative members of the task force, enforcement of this subdivision is governed by section 3.055, subdivision 2.  For nonlegislative members of the task force, enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2.

 

EFFECTIVE DATE.  This section is effective January 1, 2018.


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Sec. 11.  COMMISSIONER OF REVENUE TO DETERMINE ADEQUACY OF CURRENT RULES AND VALUATION PRACTICES FOR STATE-ASSESSED PIPELINES.

 

The commissioner of revenue must review all current rules and practices relating to the valuation of pipeline companies that are assessed by the state.  The commissioner must determine whether current rules and practices provide accurate estimates of market value.  By February 1, 2018, the commissioner must prepare testimony for the house of representatives and senate committees having jurisdiction over property taxes recommending changes to the rules and practices to provide more accurate assessments and reduce the number and amount of judgments against the state and counties for state-assessed pipeline property.

 

Sec. 12.  FREE ELECTRONIC FILING OF INDIVIDUAL INCOME TAX RETURNS; PILOT PROGRAM.

 

(a) The commissioner must conduct a pilot program to test the free electronic filing requirement in Minnesota Statutes, section 270C.303.  The pilot program must operate at least three taxpayer assistance sites that receive grants under Minnesota Statutes, section 270C.21.  At least one of the pilot program sites must be in the seven‑county metropolitan area, and at least one must be in greater Minnesota.  The pilot program system must be available by January 15, 2018, for the filing and payment of tax year 2017 individual income taxes of filers with income only from wages, fewer than five dependents, and federal adjusted gross income less than $200,000 for married couples filing joint returns, and less than $100,000 for all other filers.

 

(b) The system must automatically populate returns with taxpayer data available to the commissioner including but not limited to W-2 data on wages and state income tax withholding.

 

(c) For purposes of this section, "federal adjusted gross income" has the meaning given in section 62 of the Internal Revenue Code.  Other terms have the meanings given in Minnesota Statutes, chapter 290.

 

(d) By August 15, 2018, the commissioner must report final statistics on usage of the pilot program and on plans to implement tax year 2018 electronic filing as required in Minnesota Statutes, section 270C.303.  The report must comply with the requirements of Minnesota Statutes, sections 3.195 and 3.197.

 

Sec. 13.  STATE AUDITOR LITIGATION EXPENSES; SCHEDULE OF CHARGES.

 

Subdivision 1.  Litigation expenses; core functions of the state auditor.  (a) Unless funds are otherwise expressly provided by law for this purpose, all costs incurred by the state auditor in preparing and asserting a civil claim or appeal, or in defending against a civil claim or appeal, related to the proper exercise of the auditor's constitutionally authorized core functions must be paid by the auditor's constitutional office division.  Only allocations made to the constitutional office division on or before January 1, 2017, may be used to pay these costs.

 

(b) In complying with paragraph (a), the state auditor may not, directly or indirectly, decrease allocations previously made to, transfer funds from, or otherwise reduce services provided by any other division of the office.

 

Subd. 2.  Schedule of charges.  Notwithstanding Minnesota Statutes, section 6.581, subdivision 3, or any other law to the contrary, the rates included in the state auditor's schedule of charges for examinations conducted in calendar year 2017 must be no greater than the rates included in the schedule of charges established for examinations conducted in calendar year 2016.

 

Sec. 14.  MN.IT; PERFORMANCE OUTCOMES REQUIRED.

 

Subdivision 1.  Completion of agency consolidation.  No later than December 31, 2018, the state chief information officer must complete the executive branch information technology consolidation required by Laws 2011, First Special Session chapter 10, article 4, section 7, as amended by Laws 2013, chapter 134, section 29.  The head of any state agency subject to consolidation must assist the state chief information officer as necessary to implement the requirements of this subdivision.


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Subd. 2.  Information technology efficiencies and solutions.  No later than December 31, 2018, the state chief information officer shall:

 

(1) host at least 25 percent of all state agency servers on a public cloud solution;

 

(2) store at least 35 percent of all state agency data on a public cloud solution; and

 

(3) operate no more than six data centers statewide.

 

Subd. 3.  Enterprise services; personnel efficiencies.  No later than June 30, 2019, the state chief information officer shall reduce the Office of MN.IT Services' total cost for enterprise services personnel by at least $3,000,000.

 

Subd. 4.  Legislative report; application consolidation.  No later than January 1, 2018, the state chief information officer must submit a report to the chairs and ranking minority members of the house and senate committees with jurisdiction over state government finance on the status of business application software consolidation across state agencies.  At a minimum, the report must describe the outcomes achieved to date, a plan and timeline for continued consolidation of business application software with measurable outcome goals, and recommendations, if any, on legislation necessary to facilitate achievement of these goals.

 

Sec. 15.  REPEALER.

 

Minnesota Statutes 2016, sections 3.886; 4.46; and 161.1419, are repealed."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, delete "local" and insert "state" and after the semicolon, insert "modifying provisions related to data practices, information technology, veterans, income tax returns, Public Employer Retirement Association, open meetings, pipelines, and state auditor; prohibiting certain uses of appropriations by the Office of the Governor; modifying burial fees for veterans; requiring establishment of free income tax filing system;"

 

Page 1, line 3, after the semicolon, insert "modifying certain uses of funds by the state auditor; requiring certain performance outcomes; repealing certain commissions;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 4, H. F. No. 2290 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Knoblach from the Committee on Ways and Means to which was referred:

 

S. F. No. 800, A bill for an act relating to human services finance and policy; appropriating money for human services and health-related programs; modifying various provisions governing community supports, housing, continuing care, health care, managed care organizations, health insurance, direct care and treatment, children and


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families, chemical and mental health services, Department of Human Services operations, Department of Health policy, and health licensing boards; establishing a license for substance abuse disorder treatment; authorizing transfers; providing for supplemental rates; modifying reimbursement rates and premium scales; making forecast adjustments; providing for audits; establishing crumb rubber playground moratorium; authorizing pilot projects and studies; requiring reports; establishing a legislative commission; making technical and terminology changes; amending Minnesota Statutes 2016, sections 3.972, by adding a subdivision; 13.32, by adding a subdivision; 13.46, subdivisions 1, 2, 4; 13.69, subdivision 1; 13.84, subdivision 5; 62A.04, subdivision 1; 62A.21, subdivision 2a; 62A.3075; 62D.105, subdivisions 1, 2; 62E.04, subdivision 11; 62E.05, subdivision 1; 62E.06, by adding a subdivision; 62M.07; 62U.02; 62V.05, subdivision 12; 103I.101, subdivisions 2, 5; 103I.111, subdivisions 6, 7, 8; 103I.205; 103I.301; 103I.501; 103I.505; 103I.515; 103I.535, subdivisions 3, 6, by adding a subdivision; 103I.541; 103I.545, subdivisions 1, 2; 103I.711, subdivision 1; 103I.715, subdivision 2; 119B.011, by adding subdivisions; 119B.02, subdivision 5; 119B.09, subdivision 9a; 119B.125, subdivisions 4, 6; 119B.13, subdivisions 1, 6; 119B.16, subdivisions 1, 1a, 1b, by adding subdivisions; 144.05, subdivision 6; 144.0724, subdivisions 4, 6; 144.122; 144.1501, subdivision 2; 144.551, subdivision 1; 144A.071, subdivision 4d; 144A.351; 144A.472, subdivision 7; 144A.474, subdivision 11; 144A.4799, subdivision 3; 144A.70, subdivision 6, by adding a subdivision; 144D.04, subdivision 2, by adding a subdivision; 144D.06; 145.4716, subdivision 2; 145.986, subdivision 1a; 146B.02, subdivisions 2, 5, 8, by adding subdivisions; 146B.03, subdivisions 6, 7; 146B.07, subdivision 4; 146B.10, subdivision 1; 147.01, subdivision 7; 147.02, subdivision 1; 147.03, subdivision 1; 147B.08, by adding a subdivision; 147C.40, by adding a subdivision; 148.5194, subdivision 7; 148.6402, subdivision 4; 148.6405; 148.6408, subdivision 2; 148.6410, subdivision 2; 148.6412, subdivision 2; 148.6415; 148.6418, subdivisions 1, 2, 4, 5; 148.6420, subdivisions 1, 3, 5; 148.6423; 148.6425, subdivisions 2, 3; 148.6428; 148.6443, subdivisions 5, 6, 7, 8; 148.6445, subdivisions 1, 10; 148.6448; 157.16, subdivision 1; 214.01, subdivision 2; 245.4889, subdivision 1; 245.91, subdivisions 4, 6; 245.97, subdivision 6; 245A.02, subdivision 2b, by adding a subdivision; 245A.03, subdivisions 2, 7; 245A.04, subdivision 14; 245A.06, subdivision 2; 245A.07, subdivision 3; 245A.11, by adding subdivisions; 245A.191; 245A.50, subdivision 5; 245D.03, subdivision 1; 245D.04, subdivision 3; 245D.071, subdivision 3; 245D.11, subdivision 4; 245D.24, subdivision 3; 245E.01, by adding a subdivision; 245E.02, subdivisions 1, 3, 4; 245E.03, subdivisions 2, 4; 245E.04; 245E.05, subdivision 1; 245E.06, subdivisions 1, 2, 3; 245E.07, subdivision 1; 252.27, subdivision 2a; 252.41, subdivision 3; 253B.10, subdivision 1; 253B.22, subdivision 1; 254A.01; 254A.02, subdivisions 2, 3, 5, 6, 8, 10, by adding subdivisions; 254A.03; 254A.035, subdivision 1; 254A.04; 254A.08; 254A.09; 254A.19, subdivision 3; 254B.01, subdivision 3, by adding a subdivision; 254B.03, subdivision 2; 254B.04, subdivisions 1, 2b; 254B.05, subdivisions 1, 1a, 5; 254B.051; 254B.07; 254B.08; 254B.09; 254B.12, subdivision 2; 254B.13, subdivision 2a; 256.01, subdivision 41, by adding a subdivision; 256.045, subdivision 3; 256.969, subdivisions 2b, 4b, by adding a subdivision; 256.975, subdivision 7, by adding a subdivision; 256.98, subdivision 8; 256B.04, subdivisions 21, 22; 256B.056, subdivision 5c; 256B.0621, subdivision 10; 256B.0625, subdivisions 3b, 7, 20, 45a, 57, 64, by adding subdivisions; 256B.0659, subdivisions 1, 2, 11, 21, by adding a subdivision; 256B.072; 256B.0755, subdivisions 1, 3, 4, by adding a subdivision; 256B.0911, subdivisions 1a, 3a, 4d, by adding subdivisions; 256B.0915, subdivisions 1, 1a, 3a, 3e, 3h, 5, by adding subdivisions; 256B.092, subdivision 4; 256B.0922, subdivision 1; 256B.0924, by adding a subdivision; 256B.0943, subdivision 13; 256B.0945, subdivisions 2, 4; 256B.196, subdivision 2; 256B.431, subdivisions 10, 16, 30; 256B.434, subdivisions 4, 4f; 256B.49, subdivisions 11, 15; 256B.4913, subdivision 4a, by adding a subdivision; 256B.4914, subdivisions 2, 3, 5, 6, 7, 8, 9, 10, 16; 256B.493, subdivisions 1, 2, by adding a subdivision; 256B.50, subdivision 1b; 256B.5012, by adding a subdivision; 256B.69, subdivision 9e; 256B.76, subdivisions 1, 2; 256B.766; 256B.85, subdivisions 3, 5, 6; 256C.23, subdivision 2, by adding subdivisions; 256C.233, subdivisions 1, 2; 256C.24, subdivisions 1, 2, by adding a subdivision; 256C.261; 256D.44, subdivisions 4, 5; 256E.30, subdivision 2; 256I.03, subdivision 8; 256I.04, subdivisions 1, 2d, 2g, 3; 256I.05, subdivisions 1a, 1c, 1e, 1j, 1m, 8, by adding subdivisions; 256I.06, subdivisions 2, 8; 256J.24, subdivision 5; 256J.45, subdivision 2; 256L.03, subdivisions 1, 1a, 5; 256L.15, subdivision 2; 256P.06, subdivision 2; 256R.02, subdivisions 4, 18; 256R.07, by adding a subdivision; 256R.10, by adding a subdivision; 256R.37; 256R.40, subdivision 5; 256R.41; 256R.47; 256R.49, subdivision 1; 260C.451, subdivision 6; 317A.811, subdivision 1, by adding a subdivision; 327.15, subdivision 3; 609.5315, subdivision 5c; 626.556, subdivisions 2, 3, 3c, 10d, 10j; Laws 2009, chapter 101, article 1, section 12; Laws 2012, chapter 247, article 6, section 2, subdivision 2; Laws 2013, chapter 108, article 15, section 2, subdivision 2; Laws


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2014, chapter 312, article 23, section 9, subdivision 8, by adding a subdivision; Laws 2015, chapter 71, article 14, section 3, subdivision 2, as amended; Laws 2017, chapter 2, article 1, sections 1, subdivision 3; 2, subdivision 4, by adding a subdivision; 3; 5; 7; article 2, section 13; proposing coding for new law in Minnesota Statutes, chapters 62J; 62K; 62Q; 119B; 144; 144D; 145; 147A; 148; 245; 245A; 256; 256B; 256I; 256N; 256R; 317A; 448; proposing coding for new law as Minnesota Statutes, chapters 144H; 245G; repealing Minnesota Statutes 2016, sections 13.468; 147A.21; 147B.08, subdivisions 1, 2, 3; 147C.40, subdivisions 1, 2, 3, 4; 148.6402, subdivision 2; 148.6450; 245A.1915; 245A.192; 254A.02, subdivision 4; 256B.0659, subdivision 22; 256B.19, subdivision 1c; 256B.4914, subdivision 16; 256B.64; 256C.23, subdivision 3; 256C.233, subdivision 4; 256C.25, subdivisions 1, 2; 256J.626, subdivision 5; Laws 2014, chapter 312, article 23, section 9, subdivision 5; Minnesota Rules, parts 5600.2500; 9530.6405, subparts 1, 1a, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 14a, 15, 15a, 16, 17, 17a, 17b, 17c, 18, 20, 21; 9530.6410; 9530.6415; 9530.6420; 9530.6422; 9530.6425; 9530.6430; 9530.6435; 9530.6440; 9530.6445; 9530.6450; 9530.6455; 9530.6460; 9530.6465; 9530.6470; 9530.6475; 9530.6480; 9530.6485; 9530.6490; 9530.6495; 9530.6500; 9530.6505.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

HEALTH CARE

 

Section 1.  Minnesota Statutes 2016, section 3.972, is amended by adding a subdivision to read:

 

Subd. 2a.  Audits of Department of Human Services.  (a) To ensure continuous legislative oversight and accountability, the legislative auditor shall give high priority to auditing the programs, services, and benefits administered by the Department of Human Services.  The audits shall determine whether the department offered programs and provided services and benefits only to eligible persons and organizations, and complied with applicable legal requirements.

 

(b) The legislative auditor shall, no less than three times each year, test a representative sample of persons enrolled in medical assistance and MinnesotaCare to determine whether they are eligible to receive benefits under those programs.  The legislative auditor shall report the results to the commissioner of human services and recommend corrective actions, which the commissioner must implement within 20 business days.  The legislative auditor shall monitor the commissioner's implementation of corrective actions and periodically report the results to the Legislative Audit Commission and the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance.  The legislative auditor's reports to the commission and the chairs and ranking minority members must include recommendations for any legislative actions needed to ensure that medical assistance and MinnesotaCare benefits are provided only to eligible persons.

 

Sec. 2.  Minnesota Statutes 2016, section 245.4889, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment and authority.  (a) The commissioner is authorized to make grants from available appropriations to assist:

 

(1) counties;

 

(2) Indian tribes;

 

(3) children's collaboratives under section 124D.23 or 245.493; or

 

(4) mental health service providers.


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(b) The following services are eligible for grants under this section:

 

(1) services to children with emotional disturbances as defined in section 245.4871, subdivision 15, and their families;

 

(2) transition services under section 245.4875, subdivision 8, for young adults under age 21 and their families;

 

(3) respite care services for children with severe emotional disturbances who are at risk of out-of-home placement;

 

(4) children's mental health crisis services;

 

(5) mental health services for people from cultural and ethnic minorities;

 

(6) children's mental health screening and follow-up diagnostic assessment and treatment;

 

(7) services to promote and develop the capacity of providers to use evidence-based practices in providing children's mental health services;

 

(8) school-linked mental health services;

 

(9) building evidence-based mental health intervention capacity for children birth to age five;

 

(10) suicide prevention and counseling services that use text messaging statewide;

 

(11) mental health first aid training;

 

(12) training for parents, collaborative partners, and mental health providers on the impact of adverse childhood experiences and trauma and development of an interactive Web site to share information and strategies to promote resilience and prevent trauma;

 

(13) transition age services to develop or expand mental health treatment and supports for adolescents and young adults 26 years of age or younger;

 

(14) early childhood mental health consultation;

 

(15) evidence-based interventions for youth at risk of developing or experiencing a first episode of psychosis, and a public awareness campaign on the signs and symptoms of psychosis; and

 

(16) psychiatric consultation for primary care practitioners.; and

 

(17) start-up funding to support providers in meeting program requirements and beginning operations when establishing a new children's mental health program.

 

(c) Services under paragraph (b) must be designed to help each child to function and remain with the child's family in the community and delivered consistent with the child's treatment plan.  Transition services to eligible young adults under paragraph (b) must be designed to foster independent living in the community.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 3.  Minnesota Statutes 2016, section 256.9686, subdivision 8, is amended to read:

 

Subd. 8.  Rate year.  "Rate year" means a calendar year from January 1 to December 31.  Effective with the 2012 base year, rate year means a state fiscal year from July 1 to June 30.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 4.  Minnesota Statutes 2016, section 256.969, subdivision 1, is amended to read:

 

Subdivision 1.  Hospital cost index.  (a) The hospital cost index shall be the change in the Centers for Medicare and Medicaid Services Inpatient Hospital Market Basket.  The commissioner shall use the indices as forecasted for the midpoint of the prior rate year to the midpoint of the current rate year.

 

(b) Except as authorized under this section, for fiscal years beginning on or after July 1, 1993, the commissioner of human services shall not provide automatic annual inflation adjustments for hospital payment rates under medical assistance.

 

EFFECTIVE DATE.  This section is effective July 1, 2017.

 

Sec. 5.  Minnesota Statutes 2016, section 256.969, subdivision 2b, is amended to read:

 

Subd. 2b.  Hospital payment rates.  (a) For discharges occurring on or after November 1, 2014, hospital inpatient services for hospitals located in Minnesota shall be paid according to the following:

 

(1) critical access hospitals as defined by Medicare shall be paid using a cost-based methodology;

 

(2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology under subdivision 25;

 

(3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation distinct parts as defined by Medicare shall be paid according to the methodology under subdivision 12; and

 

(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.

 

(b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not be rebased, except that a Minnesota long-term hospital shall be rebased effective January 1, 2011, based on its most recent Medicare cost report ending on or before September 1, 2008, with the provisions under subdivisions 9 and 23, based on the rates in effect on December 31, 2010.  For rate setting periods after November 1, 2014, in which the base years are updated, a Minnesota long-term hospital's base year shall remain within the same period as other hospitals.

 

(c) Effective for discharges occurring on and after November 1, 2014, payment rates for hospital inpatient services provided by hospitals located in Minnesota or the local trade area, except for the hospitals paid under the methodologies described in paragraph (a), clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a manner similar to Medicare.  The base year for the rates effective November 1, 2014, shall be calendar year 2012.  The rebasing under this paragraph shall be budget neutral, ensuring that the total aggregate payments under the rebased system are equal to the total aggregate payments that were made for the same number and types of services in the base year.  Separate budget neutrality calculations shall be determined for payments made to critical access hospitals and payments made to hospitals paid under the DRG system.  Only the rate increases or decreases under subdivision 3a or 3c that applied to the hospitals being rebased during the entire base period shall be incorporated into the budget neutrality calculation.


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(d) For discharges occurring on or after November 1, 2014, through the next rebasing that occurs, the rebased rates under paragraph (c) that apply to hospitals under paragraph (a), clause (4), shall include adjustments to the projected rates that result in no greater than a five percent increase or decrease from the base year payments for any hospital.  Any adjustments to the rates made by the commissioner under this paragraph and paragraph (e) shall maintain budget neutrality as described in paragraph (c).

 

(e) For discharges occurring on or after November 1, 2014, through the next two rebasing that occurs periods the commissioner may make additional adjustments to the rebased rates, and when evaluating whether additional adjustments should be made, the commissioner shall consider the impact of the rates on the following:

 

(1) pediatric services;

 

(2) behavioral health services;

 

(3) trauma services as defined by the National Uniform Billing Committee;

 

(4) transplant services;

 

(5) obstetric services, newborn services, and behavioral health services provided by hospitals outside the seven‑county metropolitan area;

 

(6) outlier admissions;

 

(7) low-volume providers; and

 

(8) services provided by small rural hospitals that are not critical access hospitals.

 

(f) Hospital payment rates established under paragraph (c) must incorporate the following:

 

(1) for hospitals paid under the DRG methodology, the base year payment rate per admission is standardized by the applicable Medicare wage index and adjusted by the hospital's disproportionate population adjustment;

 

(2) for critical access hospitals, payment rates for discharges between November 1, 2014, and June 30, 2015, shall be set to the same rate of payment that applied for discharges on October 31, 2014;

 

(3) the cost and charge data used to establish hospital payment rates must only reflect inpatient services covered by medical assistance; and

 

(4) in determining hospital payment rates for discharges occurring on or after the rate year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per discharge shall be based on the cost-finding methods and allowable costs of the Medicare program in effect during the base year or years.  In determining hospital payment rates for discharges in subsequent base years, the per discharge rates shall be based on the cost‑finding methods and allowable costs of the Medicare program in effect during the base year or years.

 

(g) The commissioner shall validate the rates effective November 1, 2014, by applying the rates established under paragraph (c), and any adjustments made to the rates under paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine whether the total aggregate payments for the same number and types of services under the rebased rates are equal to the total aggregate payments made during calendar year 2013.

 

(h) Effective for discharges occurring on or after July 1, 2017, and every two years thereafter, payment rates under this section shall be rebased to reflect only those changes in hospital costs between the existing base year and the next base year.  Changes in costs between base years shall be measured using the lower of the hospital cost index


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defined in subdivision 1, paragraph (a), or the percentage change in the case mix adjusted cost per claim.  The commissioner shall establish the base year for each rebasing period considering the most recent year for which filed Medicare cost reports are available.  The estimated change in the average payment per hospital discharge resulting from a scheduled rebasing must be calculated and made available to the legislature by January 15 of each year in which rebasing is scheduled to occur, and must include by hospital the differential in payment rates compared to the individual hospital's costs.

 

(i) Effective for discharges occurring on or after July 1, 2015, inpatient payment rates for critical access hospitals located in Minnesota or the local trade area shall be determined using a new cost-based methodology.  The commissioner shall establish within the methodology tiers of payment designed to promote efficiency and cost‑effectiveness.  Payment rates for hospitals under this paragraph shall be set at a level that does not exceed the total cost for critical access hospitals as reflected in base year cost reports.  Until the next rebasing that occurs, the new methodology shall result in no greater than a five percent decrease from the base year payments for any hospital, except a hospital that had payments that were greater than 100 percent of the hospital's costs in the base year shall have their rate set equal to 100 percent of costs in the base year.  The rates paid for discharges on and after July 1, 2016, covered under this paragraph shall be increased by the inflation factor in subdivision 1, paragraph (a).  The new cost-based rate shall be the final rate and shall not be settled to actual incurred costs.  Hospitals shall be assigned a payment tier based on the following criteria:

 

(1) hospitals that had payments at or below 80 percent of their costs in the base year shall have a rate set that equals 85 percent of their base year costs;

 

(2) hospitals that had payments that were above 80 percent, up to and including 90 percent of their costs in the base year shall have a rate set that equals 95 percent of their base year costs; and

 

(3) hospitals that had payments that were above 90 percent of their costs in the base year shall have a rate set that equals 100 percent of their base year costs.

 

(j) The commissioner may refine the payment tiers and criteria for critical access hospitals to coincide with the next rebasing under paragraph (h).  The factors used to develop the new methodology may include, but are not limited to:

 

(1) the ratio between the hospital's costs for treating medical assistance patients and the hospital's charges to the medical assistance program;

 

(2) the ratio between the hospital's costs for treating medical assistance patients and the hospital's payments received from the medical assistance program for the care of medical assistance patients;

 

(3) the ratio between the hospital's charges to the medical assistance program and the hospital's payments received from the medical assistance program for the care of medical assistance patients;

 

(4) the statewide average increases in the ratios identified in clauses (1), (2), and (3);

 

(5) the proportion of that hospital's costs that are administrative and trends in administrative costs; and

 

(6) geographic location.

 

EFFECTIVE DATE.  This section is effective July 1, 2017.


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Sec. 6.  Minnesota Statutes 2016, section 256.969, is amended by adding a subdivision to read:

 

Subd. 2e.  Alternate inpatient payment rate.  (a) If the days, costs, and revenues associated with patients who are eligible for medical assistance and also have private health insurance are required to be included in the calculation of the hospital-specific disproportionate share hospital payment limit for a rate year, then the commissioner, effective retroactively to rate years beginning on or after January 1, 2015, shall compute an alternate inpatient payment rate for a Minnesota hospital that is designated as a children's hospital and enumerated as such by Medicare.  The commissioner shall reimburse the hospital for a rate year at the higher of the amount calculated under the alternate payment rate or the amount calculated under subdivision 9.

 

(b) The alternate payment rate must meet the criteria in clauses (1) to (4):

 

(1) the alternate payment rate shall be structured to target a total aggregate reimbursement amount equal to two percent less than each children's hospital's cost coverage percentage in the applicable base year for providing fee‑for-service inpatient services under this section to patients enrolled in medical assistance;

 

(2) costs shall be determined using the most recently available medical assistance cost report provided under subdivision 4b, paragraph (a), clause (3), for the applicable base year.  Costs shall be determined using standard Medicare cost finding and cost allocation methods and applied in the same manner as the costs were in the rebasing for the applicable base year.  If the medical assistance cost report is not available, costs shall be determined in the interim using the Medicare Cost Report;

 

(3) in any rate year in which payment to a hospital is made using the alternate payment rate, no payments shall be made to the hospital under subdivision 9; and

 

(4) if the alternate payment amount increases payments at a rate that is higher than the inflation factor applied over the rebasing period, the commissioner shall take this into consideration when setting payment rates at the next rebasing.

 

Sec. 7.  Minnesota Statutes 2016, section 256.969, subdivision 3a, is amended to read:

 

Subd. 3a.  Payments.  (a) Acute care hospital billings under the medical assistance program must not be submitted until the recipient is discharged.  However, the commissioner shall establish monthly interim payments for inpatient hospitals that have individual patient lengths of stay over 30 days regardless of diagnostic category.  Except as provided in section 256.9693, medical assistance reimbursement for treatment of mental illness shall be reimbursed based on diagnostic classifications.  Individual hospital payments established under this section and sections 256.9685, 256.9686, and 256.9695, in addition to third-party and recipient liability, for discharges occurring during the rate year shall not exceed, in aggregate, the charges for the medical assistance covered inpatient services paid for the same period of time to the hospital.  Services that have rates established under subdivision 11 or 12, must be limited separately from other services.  After consulting with the affected hospitals, the commissioner may consider related hospitals one entity and may merge the payment rates while maintaining separate provider numbers.  The operating and property base rates per admission or per day shall be derived from the best Medicare and claims data available when rates are established.  The commissioner shall determine the best Medicare and claims data, taking into consideration variables of recency of the data, audit disposition, settlement status, and the ability to set rates in a timely manner.  The commissioner shall notify hospitals of payment rates 30 days prior to implementation.  The rate setting data must reflect the admissions data used to establish relative values.  The commissioner may adjust base year cost, relative value, and case mix index data to exclude the costs of services that have been discontinued by the October 1 of the year preceding the rate year or that are paid separately from inpatient services.  Inpatient stays that encompass portions of two or more rate years shall have payments established based on payment rates in effect at the time of admission unless the date of admission preceded the rate year in effect by six months or more.  In this case, operating payment rates for services rendered during the rate year in effect and established based on the date of admission shall be adjusted to the rate year in effect by the hospital cost index.


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(b) For fee-for-service admissions occurring on or after July 1, 2002, the total payment, before third-party liability and spenddown, made to hospitals for inpatient services is reduced by .5 percent from the current statutory rates.

 

(c) In addition to the reduction in paragraph (b), the total payment for fee-for-service admissions occurring on or after July 1, 2003, made to hospitals for inpatient services before third-party liability and spenddown, is reduced five percent from the current statutory rates.  Mental health services within diagnosis related groups 424 to 432 or corresponding APR-DRGs, and facilities defined under subdivision 16 are excluded from this paragraph.

 

(d) In addition to the reduction in paragraphs (b) and (c), the total payment for fee-for-service admissions occurring on or after August 1, 2005, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 6.0 percent from the current statutory rates.  Mental health services within diagnosis related groups 424 to 432 or corresponding APR-DRGs, and facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after January 1, 2006, to reflect this reduction.

 

(e) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2008, through June 30, 2009, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 3.46 percent from the current statutory rates.  Mental health services with diagnosis related groups 424 to 432 or corresponding APR-DRGs, and facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after January 1, 2009, through June 30, 2009, to reflect this reduction.

 

(f) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2009, through June 30, 2011, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.9 percent from the current statutory rates.  Mental health services with diagnosis related groups 424 to 432 or corresponding APR-DRGs, and facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after July 1, 2009, through June 30, 2011, to reflect this reduction.

 

(g) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2011, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.79 percent from the current statutory rates.  Mental health services with diagnosis related groups 424 to 432 or corresponding APR-DRGs, and facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after July 1, 2011, to reflect this reduction.

 

(h) In addition to the reductions in paragraphs (b), (c), (d), (f), and (g), the total payment for fee-for-service admissions occurring on or after July 1, 2009, made to hospitals for inpatient services before third-party liability and spenddown, is reduced one percent from the current statutory rates.  Facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after October 1, 2009, to reflect this reduction.

 

(i) In addition to the reductions in paragraphs (b), (c), (d), (g), and (h), the total payment for fee-for-service admissions occurring on or after July 1, 2011, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.96 percent from the current statutory rates.  Facilities defined under subdivision 16 are excluded from this paragraph.  Payments made to managed care plans shall be reduced for services provided on or after January 1, 2011, to reflect this reduction.


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(j) Effective for discharges on and after November 1, 2014, from hospitals paid under subdivision 2b, paragraph (a), clauses (1) and (4), the rate adjustments in this subdivision must be incorporated into the rebased rates established under subdivision 2b, paragraph (c), and must not be applied to each claim.

 

(k) Effective for discharges on and after July 1, 2015, from hospitals paid under subdivision 2b, paragraph (a), clauses (2) and (3), the rate adjustments in this subdivision must be incorporated into the rates and must not be applied to each claim.

 

(l) Effective for discharges on and after July 1, 2017, from hospitals paid under subdivision 2b, paragraph (a), clause (2), the rate adjustments in this subdivision must be incorporated into the rates and must not be applied to each claim.

 

EFFECTIVE DATE.  This section is effective July 1, 2017.

 

Sec. 8.  Minnesota Statutes 2016, section 256.969, subdivision 4b, is amended to read:

 

Subd. 4b.  Medical assistance cost reports for services.  (a) A hospital that meets one of the following criteria must annually submit to the commissioner medical assistance cost reports within six months of the end of the hospital's fiscal year:

 

(1) a hospital designated as a critical access hospital that receives medical assistance payments; or

 

(2) a Minnesota hospital or out-of-state hospital located within a Minnesota local trade area that receives a disproportionate population adjustment under subdivision 9; or

 

(3) a Minnesota hospital that is designated as a children's hospital and enumerated as such by Medicare.

 

For purposes of this subdivision, local trade area has the meaning given in subdivision 17.

 

(b) The commissioner shall suspend payments to any hospital that fails to submit a report required under this subdivision.  Payments must remain suspended until the report has been filed with and accepted by the commissioner.

 

EFFECTIVE DATE.  This section is effective retroactively from January 1, 2015.

 

Sec. 9.  Minnesota Statutes 2016, section 256.969, subdivision 8, is amended to read:

 

Subd. 8.  Unusual length of stay experience.  (a) The commissioner shall establish day outlier thresholds for each diagnostic category established under subdivision 2 at two standard deviations beyond the mean length of stay.  Payment for the days beyond the outlier threshold shall be in addition to the operating and property payment rates per admission established under subdivisions 2 and 2b.  Payment for outliers shall be at 70 percent of the allowable operating cost, after adjustment by the case mix index, hospital cost index, relative values and the disproportionate population adjustment.  The outlier threshold for neonatal and burn diagnostic categories shall be established at one standard deviation beyond the mean length of stay, and payment shall be at 90 percent of allowable operating cost calculated in the same manner as other outliers.  A hospital may choose an alternative to the 70 percent outlier payment that is at a minimum of 60 percent and a maximum of 80 percent if the commissioner is notified in writing of the request by October 1 of the year preceding the rate year.  The chosen percentage applies to all diagnostic categories except burns and neonates.  The percentage of allowable cost that is unrecognized by the outlier payment shall be added back to the base year operating payment rate per admission.


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(b) Effective for admissions and transfers occurring on and after November 1, 2014, the commissioner shall establish payment rates for outlier payments that are based on Medicare methodologies.

 

EFFECTIVE DATE.  This section is effective July 1, 2017.

 

Sec. 10.  Minnesota Statutes 2016, section 256.969, subdivision 8c, is amended to read:

 

Subd. 8c.  Hospital residents.  (a) For discharges occurring on or after November 1, 2014, payments for hospital residents shall be made as follows:

 

(1) payments for the first 180 days of inpatient care shall be the APR-DRG system plus any outliers; and

 

(2) payment for all medically necessary patient care subsequent to the first 180 days shall be reimbursed at a rate computed by multiplying the statewide average cost-to-charge ratio by the usual and customary charges.

 

(b) For discharges occurring on or after July 1, 2017, payment for hospital residents shall be equal to the payments under subdivision 8, paragraph (b).

 

EFFECTIVE DATE.  This section is effective July 1, 2017.

 

Sec. 11.  Minnesota Statutes 2016, section 256.969, subdivision 9, is amended to read:

 

Subd. 9.  Disproportionate numbers of low-income patients served.  (a) For admissions occurring on or after July 1, 1993, the medical assistance disproportionate population adjustment shall comply with federal law and shall be paid to a hospital, excluding regional treatment centers and facilities of the federal Indian Health Service, with a medical assistance inpatient utilization rate in excess of the arithmetic mean.  The adjustment must be determined as follows:

 

(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service but less than or equal to one standard deviation above the mean, the adjustment must be determined by multiplying the total of the operating and property payment rates by the difference between the hospital's actual medical assistance inpatient utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service; and

 

(2) for a hospital with a medical assistance inpatient utilization rate above one standard deviation above the mean, the adjustment must be determined by multiplying the adjustment that would be determined under clause (1) for that hospital by 1.1.  The commissioner shall report annually on the number of hospitals likely to receive the adjustment authorized by this paragraph.  The commissioner shall specifically report on the adjustments received by public hospitals and public hospital corporations located in cities of the first class.

 

(b) Certified public expenditures made by Hennepin County Medical Center shall be considered Medicaid disproportionate share hospital payments.  Hennepin County and Hennepin County Medical Center shall report by June 15, 2007, on payments made beginning July 1, 2005, or another date specified by the commissioner, that may qualify for reimbursement under federal law.  Based on these reports, the commissioner shall apply for federal matching funds.

 

(c) Upon federal approval of the related state plan amendment, paragraph (b) is effective retroactively from July 1, 2005, or the earliest effective date approved by the Centers for Medicare and Medicaid Services.


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(d) Effective July 1, 2015, disproportionate share hospital (DSH) payments shall be paid in accordance with a new methodology using 2012 as the base year.  Annual payments made under this paragraph shall equal the total amount of payments made for 2012.  A licensed children's hospital shall receive only a single DSH factor for children's hospitals.  Other DSH factors may be combined to arrive at a single factor for each hospital that is eligible for DSH payments.  The new methodology shall make payments only to hospitals located in Minnesota and include the following factors:

 

(1) a licensed children's hospital with at least 1,000 fee-for-service discharges in the base year shall receive a factor of 0.868.  A licensed children's hospital with less than 1,000 fee-for-service discharges in the base year shall receive a factor of 0.7880;

 

(2) a hospital that has in effect for the initial rate year a contract with the commissioner to provide extended psychiatric inpatient services under section 256.9693 shall receive a factor of 0.0160;

 

(3) a hospital that has received payment from the fee-for-service program for at least 20 transplant services in the base year shall receive a factor of 0.0435;

 

(4) a hospital that has a medical assistance utilization rate in the base year between 20 percent up to one standard deviation above the statewide mean utilization rate shall receive a factor of 0.0468;

 

(5) a hospital that has a medical assistance utilization rate in the base year that is at least one standard deviation above the statewide mean utilization rate but is less than three standard deviations above the mean shall receive a factor of 0.2300; and

 

(6) a hospital that has a medical assistance utilization rate in the base year that is at least three standard deviations above the statewide mean utilization rate shall receive a factor of 0.3711.

 

(e) Any payments or portion of payments made to a hospital under this subdivision that are subsequently returned to the commissioner because the payments are found to exceed the hospital-specific DSH limit for that hospital shall be redistributed, proportionate to the number of fee-for-service discharges, to other DSH-eligible nonchildren's non-children's hospitals that have a medical assistance utilization rate that is at least one standard deviation above the mean.

 

EFFECTIVE DATE.  This section is effective July 1, 2017.

 

Sec. 12.  Minnesota Statutes 2016, section 256.969, subdivision 12, is amended to read:

 

Subd. 12.  Rehabilitation hospitals and distinct parts.  (a) Units of hospitals that are recognized as rehabilitation distinct parts by the Medicare program shall have separate provider numbers under the medical assistance program for rate establishment and billing purposes only.  These units shall also have operating payment rates and the disproportionate population adjustment, if allowed by federal law, established separately from other inpatient hospital services.

 

(b) The commissioner shall establish separate relative values under subdivision 2 for rehabilitation hospitals and distinct parts as defined by the Medicare program.  Effective for discharges occurring on and after November 1, 2014, the commissioner, to the extent possible, shall replicate the existing payment rate methodology under the new diagnostic classification system.  The result must be budget neutral, ensuring that the total aggregate payments under the new system are equal to the total aggregate payments made for the same number and types of services in the base year, calendar year 2012.


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(c) For individual hospitals that did not have separate medical assistance rehabilitation provider numbers or rehabilitation distinct parts in the base year, hospitals shall provide the information needed to separate rehabilitation distinct part cost and claims data from other inpatient service data.

 

(d) Effective with discharges on or after July 1, 2017, payment to rehabilitation hospitals shall be established under subdivision 2b, paragraph (a), clause (4).

 

EFFECTIVE DATE.  This section is effective July 1, 2017.

 

Sec. 13.  Minnesota Statutes 2016, section 256B.04, subdivision 12, is amended to read:

 

Subd. 12.  Limitation on services.  (a) Place limits on the types of services covered by medical assistance, the frequency with which the same or similar services may be covered by medical assistance for an individual recipient, and the amount paid for each covered service.  The state agency shall promulgate rules establishing maximum reimbursement rates for emergency and nonemergency transportation.

 

The rules shall provide:

 

(1) an opportunity for all recognized transportation providers to be reimbursed for nonemergency transportation consistent with the maximum rates established by the agency; and

 

(2) reimbursement of public and private nonprofit providers serving the disabled population generally at reasonable maximum rates that reflect the cost of providing the service regardless of the fare that might be charged by the provider for similar services to individuals other than those receiving medical assistance or medical care under this chapter; and.

 

(3) reimbursement for each additional passenger carried on a single trip at a substantially lower rate than the first passenger carried on that trip.

 

(b) The commissioner shall encourage providers reimbursed under this chapter to coordinate their operation with similar services that are operating in the same community.  To the extent practicable, the commissioner shall encourage eligible individuals to utilize less expensive providers capable of serving their needs.

 

(c) For the purpose of this subdivision and section 256B.02, subdivision 8, and effective on January 1, 1981, "recognized provider of transportation services" means an operator of special transportation service as defined in section 174.29 that has been issued a current certificate of compliance with operating standards of the commissioner of transportation or, if those standards do not apply to the operator, that the agency finds is able to provide the required transportation in a safe and reliable manner.  Until January 1, 1981, "recognized transportation provider" includes an operator of special transportation service that the agency finds is able to provide the required transportation in a safe and reliable manner.

 

Sec. 14.  Minnesota Statutes 2016, section 256B.0625, subdivision 3b, is amended to read:

 

Subd. 3b.  Telemedicine services.  (a) Medical assistance covers medically necessary services and consultations delivered by a licensed health care provider via telemedicine in the same manner as if the service or consultation was delivered in person.  Coverage is limited to three telemedicine services per enrollee per calendar week.  Telemedicine services shall be paid at the full allowable rate.

 

(b) The commissioner shall establish criteria that a health care provider must attest to in order to demonstrate the safety or efficacy of delivering a particular service via telemedicine.  The attestation may include that the health care provider:


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(1) has identified the categories or types of services the health care provider will provide via telemedicine;

 

(2) has written policies and procedures specific to telemedicine services that are regularly reviewed and updated;

 

(3) has policies and procedures that adequately address patient safety before, during, and after the telemedicine service is rendered;

 

(4) has established protocols addressing how and when to discontinue telemedicine services; and

 

(5) has an established quality assurance process related to telemedicine services.

 

(c) As a condition of payment, a licensed health care provider must document each occurrence of a health service provided by telemedicine to a medical assistance enrollee.  Health care service records for services provided by telemedicine must meet the requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must document:

 

(1) the type of service provided by telemedicine;

 

(2) the time the service began and the time the service ended, including an a.m. and p.m. designation;

 

(3) the licensed health care provider's basis for determining that telemedicine is an appropriate and effective means for delivering the service to the enrollee;

 

(4) the mode of transmission of the telemedicine service and records evidencing that a particular mode of transmission was utilized;

 

(5) the location of the originating site and the distant site;

 

(6) if the claim for payment is based on a physician's telemedicine consultation with another physician, the written opinion from the consulting physician providing the telemedicine consultation; and

 

(7) compliance with the criteria attested to by the health care provider in accordance with paragraph (b).

 

(d) For purposes of this subdivision, unless otherwise covered under this chapter, "telemedicine" is defined as the delivery of health care services or consultations while the patient is at an originating site and the licensed health care provider is at a distant site.  A communication between licensed health care providers, or a licensed health care provider and a patient that consists solely of a telephone conversation, e­mail, or facsimile transmission does not constitute telemedicine consultations or services.  Telemedicine may be provided by means of real-time two-way, interactive audio and visual communications, including the application of secure video conferencing or store‑and‑forward technology to provide or support health care delivery, which facilitate the assessment, diagnosis, consultation, treatment, education, and care management of a patient's health care.

 

(e) For purposes of this section, "licensed health care provider" is defined means a licensed health care provider under section 62A.671, subdivision 6, and a mental health practitioner defined under section 245.462, subdivision 17, or 245.4871, subdivision 26, working under the general supervision of a mental health professional; "health care provider" is defined under section 62A.671, subdivision 3; and "originating site" is defined under section 62A.671, subdivision 7.


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Sec. 15.  Minnesota Statutes 2016, section 256B.0625, subdivision 13, is amended to read:

 

Subd. 13.  Drugs.  (a) Medical assistance covers drugs, except for fertility drugs when specifically used to enhance fertility, if prescribed by a licensed practitioner and dispensed by a licensed pharmacist, by a physician enrolled in the medical assistance program as a dispensing physician, or by a physician, physician assistant, or a nurse practitioner employed by or under contract with a community health board as defined in section 145A.02, subdivision 5, for the purposes of communicable disease control.

 

(b) The dispensed quantity of a prescription drug must not exceed a 34-day supply, unless authorized by the commissioner.

 

(c) For the purpose of this subdivision and subdivision 13d, an "active pharmaceutical ingredient" is defined as a substance that is represented for use in a drug and when used in the manufacturing, processing, or packaging of a drug becomes an active ingredient of the drug product.  An "excipient" is defined as an inert substance used as a diluent or vehicle for a drug.  The commissioner shall establish a list of active pharmaceutical ingredients and excipients which are included in the medical assistance formulary.  Medical assistance covers selected active pharmaceutical ingredients and excipients used in compounded prescriptions when the compounded combination is specifically approved by the commissioner or when a commercially available product:

 

(1) is not a therapeutic option for the patient;

 

(2) does not exist in the same combination of active ingredients in the same strengths as the compounded prescription; and

 

(3) cannot be used in place of the active pharmaceutical ingredient in the compounded prescription.

 

(d) Medical assistance covers the following over-the-counter drugs when prescribed by a licensed practitioner or by a licensed pharmacist who meets standards established by the commissioner, in consultation with the board of pharmacy:  antacids, acetaminophen, family planning products, aspirin, insulin, products for the treatment of lice, vitamins for adults with documented vitamin deficiencies, vitamins for children under the age of seven and pregnant or nursing women, and any other over-the-counter drug identified by the commissioner, in consultation with the formulary committee, as necessary, appropriate, and cost-effective for the treatment of certain specified chronic diseases, conditions, or disorders, and this determination shall not be subject to the requirements of chapter 14.  A pharmacist may prescribe over-the-counter medications as provided under this paragraph for purposes of receiving reimbursement under Medicaid.  When prescribing over-the-counter drugs under this paragraph, licensed pharmacists must consult with the recipient to determine necessity, provide drug counseling, review drug therapy for potential adverse interactions, and make referrals as needed to other health care professionals.  Over-the-counter medications must be dispensed in a quantity that is the lowest of:  (1) the number of dosage units contained in the manufacturer's original package; (2) the number of dosage units required to complete the patient's course of therapy; or (3) if applicable, the number of dosage units dispensed from a system using retrospective billing, as provided under subdivision 13e, paragraph (b).

 

(e) Effective January 1, 2006, medical assistance shall not cover drugs that are coverable under Medicare Part D as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-2(e), for individuals eligible for drug coverage as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-1(a)(3)(A).  For these individuals, medical assistance may cover drugs from the drug classes listed in United States Code, title 42, section 1396r-8(d)(2), subject to this subdivision and subdivisions 13a to 13g, except that drugs listed in United States Code, title 42, section 1396r-8(d)(2)(E), shall not be covered.


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(f) Medical assistance covers drugs acquired through the federal 340B Drug Pricing Program and dispensed by 340B covered entities and ambulatory pharmacies under common ownership of the 340B covered entity.  Medical assistance does not cover drugs acquired through the federal 340B Drug Pricing Program and dispensed by 340B contract pharmacies.

 

Sec. 16.  Minnesota Statutes 2016, section 256B.0625, subdivision 13e, is amended to read:

 

Subd. 13e.  Payment rates.  (a) Effective April 1, 2017, or upon federal approval, whichever is later, the basis for determining the amount of payment shall be the lower of the actual acquisition costs ingredient cost of the drugs or the maximum allowable cost by the commissioner plus the fixed professional dispensing fee; or the usual and customary price charged to the public.  The usual and customary price is defined as the lowest price charged by the provider to a patient who pays for the prescription by cash, check, or charge account and includes those prices the pharmacy charges to customers enrolled in a prescription savings club or prescription discount club administered by the pharmacy or pharmacy chain.  The amount of payment basis must be reduced to reflect all discount amounts applied to the charge by any third-party provider/insurer agreement or contract for submitted charges to medical assistance programs.  The net submitted charge may not be greater than the patient liability for the service.  The pharmacy professional dispensing fee shall be $3.65 $11.35 for legend prescription drugs prescriptions filled with legend drugs meeting the definition of "covered outpatient drugs" according to United States Code, title 42, section 1396r-8(k)(2), except that the dispensing fee for intravenous solutions which must be compounded by the pharmacist shall be $8 $11.35 per bag, $14 per bag for cancer chemotherapy products, and $30 per bag for total parenteral nutritional products dispensed in one liter quantities, or $44 per bag for total parenteral nutritional products dispensed in quantities greater than one liter.  The professional dispensing fee for prescriptions filled with over-the-counter drugs meeting the definition of covered outpatient drugs shall be $11.35 for dispensed quantities equal to or greater than the number of units contained in the manufacturer's original package.  The professional dispensing fee shall be prorated based on the percentage of the package dispensed when the pharmacy dispenses a quantity less than the number of units contained in the manufacturer's original package.  The pharmacy dispensing fee for prescribed over-the-counter drugs not meeting the definition of covered outpatient drugs shall be $3.65, except that the fee shall be $1.31 for retrospectively billing pharmacies when billing for quantities less than the number of units contained in the manufacturer's original package.  Actual acquisition cost includes quantity and other special discounts except time and cash discounts.  The actual acquisition for quantities equal to or greater than the number of units contained in the manufacturer's original package and shall be prorated based on the percentage of the package dispensed when the pharmacy dispenses a quantity less than the number of units contained in the manufacturer's original package.  The National Average Drug Acquisition Cost (NADAC) shall be used to determine the ingredient cost of a drug shall be estimated by the commissioner at wholesale acquisition cost plus four percent for independently owned pharmacies located in a designated rural area within Minnesota, and at wholesale acquisition cost plus two percent for all other pharmacies.  A pharmacy is "independently owned" if it is one of four or fewer pharmacies under the same ownership nationally.  A "designated rural area" means an area defined as a small rural area or isolated rural area according to the four-category classification of the Rural Urban Commuting Area system developed for the United States Health Resources and Services Administration.  Effective January 1, 2014, the actual acquisition.  For drugs for which a NADAC is not reported, the commissioner shall estimate the ingredient cost at wholesale acquisition cost minus two percent.  The commissioner shall establish the ingredient cost of a drug acquired through the federal 340B Drug Pricing Program shall be estimated by the commissioner at wholesale acquisition cost minus 40 percent at a 340B Drug Pricing Program maximum allowable cost.  The 340B Drug Pricing Program maximum allowable cost shall be comparable to, but no higher than, the 340B Drug Pricing Program ceiling price established by the Health Resources and Services Administration.  Wholesale acquisition cost is defined as the manufacturer's list price for a drug or biological to wholesalers or direct purchasers in the United States, not including prompt pay or other discounts, rebates, or reductions in price, for the most recent month for which information is available, as reported in wholesale price guides or other publications of drug or biological pricing data.  The maximum allowable cost of a multisource drug may be set by the commissioner and it shall be comparable to, but the actual acquisition cost of the drug product and no higher than, the maximum amount paid by other third-party payors in this state who have maximum allowable cost programs and no higher than the NADAC of the generic product.  Establishment of the amount of payment for drugs shall not be subject to the requirements of the Administrative Procedure Act.


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(b) Pharmacies dispensing prescriptions to residents of long-term care facilities using an automated drug distribution system meeting the requirements of section 151.58, or a packaging system meeting the packaging standards set forth in Minnesota Rules, part 6800.2700, that govern the return of unused drugs to the pharmacy for reuse, may employ retrospective billing for prescription drugs dispensed to long-term care facility residents.  A retrospectively billing pharmacy must submit a claim only for the quantity of medication used by the enrolled recipient during the defined billing period.  A retrospectively billing pharmacy must use a billing period not less than one calendar month or 30 days.

 

(c) An additional dispensing fee of $.30 may be added to the dispensing fee paid to pharmacists for legend drug prescriptions dispensed to residents of long-term care facilities when a unit dose blister card system, approved by the department, is used.  Under this type of dispensing system, the pharmacist must dispense a 30-day supply of drug.  The National Drug Code (NDC) from the drug container used to fill the blister card must be identified on the claim to the department.  The unit dose blister card containing the drug must meet the packaging standards set forth in Minnesota Rules, part 6800.2700, that govern the return of unused drugs to the pharmacy for reuse.  A pharmacy provider using packaging that meets the standards set forth in Minnesota Rules, part 6800.2700, is required to credit the department for the actual acquisition cost of all unused drugs that are eligible for reuse, unless the pharmacy is using retrospective billing.  The commissioner may permit the drug clozapine to be dispensed in a quantity that is less than a 30-day supply.

 

(d) Whenever a maximum allowable cost has been set for If a pharmacy dispenses a multisource drug, payment shall be the lower of the usual and customary price charged to the public or the ingredient cost shall be the NADAC of the generic product or the maximum allowable cost established by the commissioner unless prior authorization for the brand name product has been granted according to the criteria established by the Drug Formulary Committee as required by subdivision 13f, paragraph (a), and the prescriber has indicated "dispense as written" on the prescription in a manner consistent with section 151.21, subdivision 2.

 

(e) The basis for determining the amount of payment for drugs administered in an outpatient setting shall be the lower of the usual and customary cost submitted by the provider, 106 percent of the average sales price as determined by the United States Department of Health and Human Services pursuant to title XVIII, section 1847a of the federal Social Security Act, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner.  If average sales price is unavailable, the amount of payment must be lower of the usual and customary cost submitted by the provider, the wholesale acquisition cost, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner.  Effective January 1, 2014, the commissioner shall discount the payment rate for drugs obtained through the federal 340B Drug Pricing Program by 20 percent.  The payment for drugs administered in an outpatient setting shall be made to the administering facility or practitioner.  A retail or specialty pharmacy dispensing a drug for administration in an outpatient setting is not eligible for direct reimbursement.

 

(f) The commissioner may negotiate lower reimbursement rates establish maximum allowable cost rates for specialty pharmacy products than the rates that are lower than the ingredient cost formulas specified in paragraph (a).  The commissioner may require individuals enrolled in the health care programs administered by the department to obtain specialty pharmacy products from providers with whom the commissioner has negotiated lower reimbursement rates able to provide enhanced clinical services and willing to accept the specialty pharmacy reimbursement.  Specialty pharmacy products are defined as those used by a small number of recipients or recipients with complex and chronic diseases that require expensive and challenging drug regimens.  Examples of these conditions include, but are not limited to:  multiple sclerosis, HIV/AIDS, transplantation, hepatitis C, growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms of cancer.  Specialty pharmaceutical products include injectable and infusion therapies, biotechnology drugs, antihemophilic factor products, high-cost therapies, and therapies that require complex care.  The commissioner shall consult with the formulary committee to develop a list of specialty pharmacy products subject to this paragraph maximum allowable cost reimbursement.  In consulting with the formulary committee in developing this list, the commissioner shall take into consideration the


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population served by specialty pharmacy products, the current delivery system and standard of care in the state, and access to care issues.  The commissioner shall have the discretion to adjust the reimbursement rate maximum allowable cost to prevent access to care issues.

 

(g) Home infusion therapy services provided by home infusion therapy pharmacies must be paid at rates according to subdivision 8d.

 

(h) Effective for prescriptions filled on or after April 1, 2017, or upon federal approval, whichever is later, the commissioner shall increase the ingredient cost reimbursement calculated in paragraphs (a) and (f) by two percent for prescription and nonprescription drugs subject to the wholesale drug distributor tax under section 295.52.

 

EFFECTIVE DATE.  This section is effective retroactively from April 1, 2017, or from the effective date of federal approval, whichever is later.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

 

Sec. 17.  Minnesota Statutes 2016, section 256B.0625, subdivision 17, is amended to read:

 

Subd. 17.  Transportation costs.  (a) "Nonemergency medical transportation service" means motor vehicle transportation provided by a public or private person that serves Minnesota health care program beneficiaries who do not require emergency ambulance service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.

 

(b) Medical assistance covers medical transportation costs incurred solely for obtaining emergency medical care or transportation costs incurred by eligible persons in obtaining emergency or nonemergency medical care when paid directly to an ambulance company, common carrier nonemergency medical transportation company, or other recognized providers of transportation services.  Medical transportation must be provided by:

 

(1) nonemergency medical transportation providers who meet the requirements of this subdivision;

 

(2) ambulances, as defined in section 144E.001, subdivision 2;

 

(3) taxicabs that meet the requirements of this subdivision;

 

(4) public transit, as defined in section 174.22, subdivision 7; or

 

(5) not-for-hire vehicles, including volunteer drivers.

 

(c) Medical assistance covers nonemergency medical transportation provided by nonemergency medical transportation providers enrolled in the Minnesota health care programs.  All nonemergency medical transportation providers must comply with the operating standards for special transportation service as defined in sections 174.29 to 174.30 and Minnesota Rules, chapter 8840, and in consultation with the Minnesota Department of Transportation.  All nonemergency medical transportation providers shall bill for nonemergency medical transportation services in accordance with Minnesota health care programs criteria.  Publicly operated transit systems, volunteers, and not-for-hire vehicles are exempt from the requirements outlined in this paragraph.

 

(d) An organization may be terminated, denied, or suspended from enrollment if:

 

(1) the provider has not initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or


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(2) the provider has initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:

 

(i) the commissioner has sent the provider a notice that the individual has been disqualified under section 245C.14; and

 

(ii) the individual has not received a disqualification set-aside specific to the special transportation services provider under sections 245C.22 and 245C.23.

 

(e) The administrative agency of nonemergency medical transportation must:

 

(1) adhere to the policies defined by the commissioner in consultation with the Nonemergency Medical Transportation Advisory Committee;

 

(2) pay nonemergency medical transportation providers for services provided to Minnesota health care programs beneficiaries to obtain covered medical services;

 

(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled trips, and number of trips by mode; and

 

(4) by July 1, 2016, in accordance with subdivision 18e, utilize a Web-based single administrative structure assessment tool that meets the technical requirements established by the commissioner, reconciles trip information with claims being submitted by providers, and ensures prompt payment for nonemergency medical transportation services.

 

(f) Until the commissioner implements the single administrative structure and delivery system under subdivision 18e, clients shall obtain their level-of-service certificate from the commissioner or an entity approved by the commissioner that does not dispatch rides for clients using modes of transportation under paragraph (i), clauses (4), (5), (6), and (7).

 

(g) The commissioner may use an order by the recipient's attending physician or a medical or mental health professional to certify that the recipient requires nonemergency medical transportation services.  Nonemergency medical transportation providers shall perform driver-assisted services for eligible individuals, when appropriate.  Driver-assisted service includes passenger pickup at and return to the individual's residence or place of business, assistance with admittance of the individual to the medical facility, and assistance in passenger securement or in securing of wheelchairs, child seats, or stretchers in the vehicle.

 

Nonemergency medical transportation providers must take clients to the health care provider using the most direct route, and must not exceed 30 miles for a trip to a primary care provider or 60 miles for a trip to a specialty care provider, unless the client receives authorization from the local agency.

 

Nonemergency medical transportation providers may not bill for separate base rates for the continuation of a trip beyond the original destination.  Nonemergency medical transportation providers must maintain trip logs, which include pickup and drop-off times, signed by the medical provider or client, whichever is deemed most appropriate, attesting to mileage traveled to obtain covered medical services.  Clients requesting client mileage reimbursement must sign the trip log attesting mileage traveled to obtain covered medical services.

 

(h) The administrative agency shall use the level of service process established by the commissioner in consultation with the Nonemergency Medical Transportation Advisory Committee to determine the client's most appropriate mode of transportation.  If public transit or a certified transportation provider is not available to provide the appropriate service mode for the client, the client may receive a onetime service upgrade.


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(i) The covered modes of transportation, which may not be implemented without a new rate structure, are:

 

(1) client reimbursement, which includes client mileage reimbursement provided to clients who have their own transportation, or to family or an acquaintance who provides transportation to the client;

 

(2) volunteer transport, which includes transportation by volunteers using their own vehicle;

 

(3) unassisted transport, which includes transportation provided to a client by a taxicab or public transit.  If a taxicab or public transit is not available, the client can receive transportation from another nonemergency medical transportation provider;

 

(4) assisted transport, which includes transport provided to clients who require assistance by a nonemergency medical transportation provider;

 

(5) lift-equipped/ramp transport, which includes transport provided to a client who is dependent on a device and requires a nonemergency medical transportation provider with a vehicle containing a lift or ramp;

 

(6) protected transport, which includes transport provided to a client who has received a prescreening that has deemed other forms of transportation inappropriate and who requires a provider:  (i) with a protected vehicle that is not an ambulance or police car and has safety locks, a video recorder, and a transparent thermoplastic partition between the passenger and the vehicle driver; and (ii) who is certified as a protected transport provider; and

 

(7) stretcher transport, which includes transport for a client in a prone or supine position and requires a nonemergency medical transportation provider with a vehicle that can transport a client in a prone or supine position.

 

(j) The local agency shall be the single administrative agency and shall administer and reimburse for modes defined in paragraph (i) according to paragraphs (m) and (n) when the commissioner has developed, made available, and funded the Web-based single administrative structure, assessment tool, and level of need assessment under subdivision 18e.  The local agency's financial obligation is limited to funds provided by the state or federal government.

 

(k) The commissioner shall:

 

(1) in consultation with the Nonemergency Medical Transportation Advisory Committee, verify that the mode and use of nonemergency medical transportation is appropriate;

 

(2) verify that the client is going to an approved medical appointment; and

 

(3) investigate all complaints and appeals.

 

(l) The administrative agency shall pay for the services provided in this subdivision and seek reimbursement from the commissioner, if appropriate.  As vendors of medical care, local agencies are subject to the provisions in section 256B.041, the sanctions and monetary recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.

 

(m) Payments for nonemergency medical transportation must be paid based on the client's assessed mode under paragraph (h), not the type of vehicle used to provide the service.  The medical assistance reimbursement rates for nonemergency medical transportation services that are payable by or on behalf of the commissioner for nonemergency medical transportation services are:


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(1) $0.22 per mile for client reimbursement;

 

(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer transport;

 

(3) equivalent to the standard fare for unassisted transport when provided by public transit, and $11 for the base rate and $1.30 per mile when provided by a nonemergency medical transportation provider;

 

(4) $13 for the base rate and $1.30 per mile for assisted transport;

 

(5) $18 for the base rate and $1.55 per mile for lift-equipped/ramp transport;

 

(6) $75 for the base rate and $2.40 per mile for protected transport; and

 

(7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for an additional attendant if deemed medically necessary.

 

(n) The base rate for nonemergency medical transportation services in areas defined under RUCA to be super rural is equal to 111.3 percent of the respective base rate in paragraph (m), clauses (1) to (7).  The mileage rate for nonemergency medical transportation services in areas defined under RUCA to be rural or super rural areas is:

 

(1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage rate in paragraph (m), clauses (1) to (7); and

 

(2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage rate in paragraph (m), clauses (1) to (7).

 

(o) For purposes of reimbursement rates for nonemergency medical transportation services under paragraphs (m) and (n), the zip code of the recipient's place of residence shall determine whether the urban, rural, or super rural reimbursement rate applies.

 

(p) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means a census-tract based classification system under which a geographical area is determined to be urban, rural, or super rural.

 

(q) The commissioner, when determining reimbursement rates for nonemergency medical transportation under paragraphs (m) and (n), shall exempt all modes of transportation listed under paragraph (i) from Minnesota Rules, part 9505.0445, item R, subitem (2).

 

Sec. 18.  Minnesota Statutes 2016, section 256B.0625, subdivision 17b, is amended to read:

 

Subd. 17b.  Documentation required.  (a) As a condition for payment, nonemergency medical transportation providers must document each occurrence of a service provided to a recipient according to this subdivision.  Providers must maintain odometer and other records sufficient to distinguish individual trips with specific vehicles and drivers.  The documentation may be collected and maintained using electronic systems or software or in paper form but must be made available and produced upon request.  Program funds paid for transportation that is not documented according to this subdivision shall be recovered by the department.

 

(b) A nonemergency medical transportation provider must compile transportation records that meet the following requirements:

 

(1) the record must be in English and must be legible according to the standard of a reasonable person;


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(2) the recipient's name must be on each page of the record; and

 

(3) each entry in the record must document:

 

(i) the date on which the entry is made;

 

(ii) the date or dates the service is provided;

 

(iii) the printed last name, first name, and middle initial of the driver;

 

(iv) the signature of the driver attesting to the following:  "I certify that I have accurately reported in this record the trip miles I actually drove and the dates and times I actually drove them.  I understand that misreporting the miles driven and hours worked is fraud for which I could face criminal prosecution or civil proceedings.";

 

(v) the signature of the recipient or authorized party attesting to the following:  "I certify that I received the reported transportation service.", or the signature of the provider of medical services certifying that the recipient was delivered to the provider;

 

(vi) the address, or the description if the address is not available, of both the origin and destination, and the mileage for the most direct route from the origin to the destination;

 

(vii) the mode of transportation in which the service is provided;

 

(viii) the license plate number of the vehicle used to transport the recipient;

 

(ix) whether the service was ambulatory or nonambulatory until the modes under subdivision 17 are implemented;

 

(x) the time of the pickup and the time of the drop-off with "a.m." and "p.m." designations;

 

(xi) the name of the extra attendant when an extra attendant is used to provide special transportation service; and

 

(xii) the electronic source documentation used to calculate driving directions and mileage.

 

Sec. 19.  Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision to read:

 

Subd. 17c.  Nursing facility transports.  A Minnesota health care program enrollee residing in, or being discharged from, a licensed nursing facility is exempt from a level of need determination and is eligible for nonemergency medical transportation services until the enrollee no longer resides in a licensed nursing facility, as provided in section 256B.04, subdivision 14a.

 

Sec. 20.  Minnesota Statutes 2016, section 256B.0625, subdivision 18h, is amended to read:

 

Subd. 18h.  Managed care.  (a) The following subdivisions do not apply to managed care plans and county-based purchasing plans:

 

(1) subdivision 17, paragraphs (d) to (k) (a), (b), (i), and (n);

 

(2) subdivision 18e 18; and

 

(3) subdivision 18g 18a.


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(b) A nonemergency medical transportation provider must comply with the operating standards for special transportation service specified in sections 174.29 to 174.30 and Minnesota Rules, chapter 8840.  Publicly operated transit systems, volunteers, and not-for-hire vehicles are exempt from the requirements in this paragraph.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 21.  Minnesota Statutes 2016, section 256B.0625, subdivision 30, is amended to read:

 

Subd. 30.  Other clinic services.  (a) Medical assistance covers rural health clinic services, federally qualified health center services, nonprofit community health clinic services, and public health clinic services.  Rural health clinic services and federally qualified health center services mean services defined in United States Code, title 42, section 1396d(a)(2)(B) and (C).  Payment for rural health clinic and federally qualified health center services shall be made according to applicable federal law and regulation.

 

(b) A federally qualified health center (FQHC) that is beginning initial operation shall submit an estimate of budgeted costs and visits for the initial reporting period in the form and detail required by the commissioner.  A federally qualified health center An FQHC that is already in operation shall submit an initial report using actual costs and visits for the initial reporting period.  Within 90 days of the end of its reporting period, a federally qualified health center an FQHC shall submit, in the form and detail required by the commissioner, a report of its operations, including allowable costs actually incurred for the period and the actual number of visits for services furnished during the period, and other information required by the commissioner.  Federally qualified health centers FQHCs that file Medicare cost reports shall provide the commissioner with a copy of the most recent Medicare cost report filed with the Medicare program intermediary for the reporting year which support the costs claimed on their cost report to the state.

 

(c) In order to continue cost-based payment under the medical assistance program according to paragraphs (a) and (b), a federally qualified health center an FQHC or rural health clinic must apply for designation as an essential community provider within six months of final adoption of rules by the Department of Health according to section 62Q.19, subdivision 7.  For those federally qualified health centers FQHCs and rural health clinics that have applied for essential community provider status within the six-month time prescribed, medical assistance payments will continue to be made according to paragraphs (a) and (b) for the first three years after application.  For federally qualified health centers FQHCs and rural health clinics that either do not apply within the time specified above or who have had essential community provider status for three years, medical assistance payments for health services provided by these entities shall be according to the same rates and conditions applicable to the same service provided by health care providers that are not federally qualified health centers FQHCs or rural health clinics.

 

(d) Effective July 1, 1999, the provisions of paragraph (c) requiring a federally qualified health center an FQHC or a rural health clinic to make application for an essential community provider designation in order to have cost‑based payments made according to paragraphs (a) and (b) no longer apply.

 

(e) Effective January 1, 2000, payments made according to paragraphs (a) and (b) shall be limited to the cost phase-out schedule of the Balanced Budget Act of 1997.

 

(f) Effective January 1, 2001, through December 31, 2018, each federally qualified health center FQHC and rural health clinic may elect to be paid either under the prospective payment system established in United States Code, title 42, section 1396a(aa), or under an alternative payment methodology consistent with the requirements of United States Code, title 42, section 1396a(aa), and approved by the Centers for Medicare and Medicaid Services.  The alternative payment methodology shall be 100 percent of cost as determined according to Medicare cost principles.


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(g) Effective for services provided on or after January 1, 2019, all claims for payment of clinic services provided by FQHCs and rural health clinics shall be paid by the commissioner, according to an annual election by the FQHC or rural health clinic, under the current prospective payment system described in paragraph (f), the alternative payment methodology described in paragraph (f), or the alternative payment methodology described in paragraph (l).

 

(g) (h) For purposes of this section, "nonprofit community clinic" is a clinic that:

 

(1) has nonprofit status as specified in chapter 317A;

 

(2) has tax exempt status as provided in Internal Revenue Code, section 501(c)(3);

 

(3) is established to provide health services to low-income population groups, uninsured, high-risk and special needs populations, underserved and other special needs populations;

 

(4) employs professional staff at least one-half of which are familiar with the cultural background of their clients;

 

(5) charges for services on a sliding fee scale designed to provide assistance to low-income clients based on current poverty income guidelines and family size; and

 

(6) does not restrict access or services because of a client's financial limitations or public assistance status and provides no-cost care as needed.

 

(h) (i) Effective for services provided on or after January 1, 2015, all claims for payment of clinic services provided by federally qualified health centers FQHCs and rural health clinics shall be paid by the commissioner.  Effective for services provided on or after January 1, 2015, through July 1, 2017, the commissioner shall determine the most feasible method for paying claims from the following options:

 

(1) federally qualified health centers FQHCs and rural health clinics submit claims directly to the commissioner for payment, and the commissioner provides claims information for recipients enrolled in a managed care or county‑based purchasing plan to the plan, on a regular basis; or

 

(2) federally qualified health centers FQHCs and rural health clinics submit claims for recipients enrolled in a managed care or county-based purchasing plan to the plan, and those claims are submitted by the plan to the commissioner for payment to the clinic.

 

Effective for services provided on or after January 1, 2019, FQHCs and rural health clinics shall submit claims directly to the commissioner for payment and the commissioner shall provide claims information for recipients enrolled in a managed care plan or county-based purchasing plan to the plan on a regular basis to be determined by the commissioner.

 

(i) (j) For clinic services provided prior to January 1, 2015, the commissioner shall calculate and pay monthly the proposed managed care supplemental payments to clinics, and clinics shall conduct a timely review of the payment calculation data in order to finalize all supplemental payments in accordance with federal law.  Any issues arising from a clinic's review must be reported to the commissioner by January 1, 2017.  Upon final agreement between the commissioner and a clinic on issues identified under this subdivision, and in accordance with United States Code, title 42, section 1396a(bb), no supplemental payments for managed care plan or county-based purchasing plan claims for services provided prior to January 1, 2015, shall be made after June 30, 2017.  If the commissioner and clinics are unable to resolve issues under this subdivision, the parties shall submit the dispute to the arbitration process under section 14.57.


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(j) (k) The commissioner shall seek a federal waiver, authorized under section 1115 of the Social Security Act, to obtain federal financial participation at the 100 percent federal matching percentage available to facilities of the Indian Health Service or tribal organization in accordance with section 1905(b) of the Social Security Act for expenditures made to organizations dually certified under Title V of the Indian Health Care Improvement Act, Public Law 94-437, and as a federally qualified health center FQHC under paragraph (a) that provides services to American Indian and Alaskan Native individuals eligible for services under this subdivision.

 

(l) Effective for services provided on or after January 1, 2019, all claims for payment of clinic services provided by FQHCs and rural health clinics shall be paid by the commissioner according to the current prospective payment system described in paragraph (f), or an alternative payment methodology with the following requirements:

 

(1) each FQHC and rural health clinic must receive a single medical and a single dental organization rate;

 

(2) the commissioner shall reimburse FQHCs and rural health clinics for allowable costs, including direct patient care costs and patient-related support services, based upon Medicare cost principles that apply at the time the alternative payment methodology is calculated;

 

(3) the 2019 payment rates for FQHCs and rural health clinics:

 

(i) must be determined using each FQHC's and rural health clinic's Medicare cost reports from 2015 and 2016.  A provider must submit the required cost reports to the commissioner within six months of the second base year calendar or fiscal year end.  Cost reports must be submitted six months before the quarter in which the base rate will take effect;

 

(ii) must be according to current Medicare cost principles applicable to FQHCs and rural health clinics at the time of the alternative payment rate calculation without the application of productivity screens and upper payment limits or the Medicare prospective payment system FQHC aggregate mean upper payment limit; and

 

(iii) must provide for a 60-day appeals process;

 

(4) the commissioner shall inflate the base year payment rate for FQHCs and rural health clinics to the effective date by using the Bureau of Economic Analysis's personal consumption expenditures medical care inflator;

 

(5) the commissioner shall establish a statewide trend inflator using 2015-2020 costs replacing the use of the personal consumption expenditures medical care inflator with the 2023 rate calculation forward;

 

(6) FQHC and rural health clinic payment rates shall be rebased by the commissioner every two years using the methodology described in clause (3), using the provider's Medicare cost reports from the previous third and fourth years.  In nonrebasing years, the commissioner shall adjust using the Medicare economic index until 2023 when the statewide trend inflator is available;

 

(7) the commissioner shall increase payments by two percent according to Laws 2003, First Special Session chapter 14, article 13C, section 2, subdivision 6.  This is an add-on to the rate and must not be included in the base rate calculation;

 

(8) for FQHCs and rural health clinics seeking a change of scope of services:

 

(i) the commissioner shall require FQHCs and rural health clinics to submit requests to the commissioner, if the change of scope would result in the medical or dental payment rate currently received by the FQHC or rural health clinic increasing or decreasing by at least 2-1/2 percent;


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(ii) FQHCs and rural health clinics shall submit the request to the commissioner within seven business days of submission of the scope change to the federal Health Resources Services Administration;

 

(iii) the effective date of the payment change is the date the Health Resources Services Administration approves the FQHC's or rural health clinic's change of scope request;

 

(iv) for change of scope requests that do not require Health Resources Services Administration approval, FQHCs and rural health clinics shall submit the request to the commissioner before implementing the change, and the effective date of the change is the date the commissioner receives the request from the FQHC or rural health clinic; and

 

(v) the commissioner shall provide a response to the FQHC's or rural health clinic's change of scope request within 45 days of submission and provide a final decision regarding approval or disapproval within 120 days of submission.  If more information is needed to evaluate the request, this timeline may be waived by mutual agreement of the commissioner and the FQHC or rural health clinic; and

 

(9) the commissioner shall establish a payment rate for new FQHC and rural health clinic organizations, considering the following factors:

 

(i) a comparison of patient caseload of FQHCs and rural health clinics within a 60-mile radius for organizations established outside the seven-county metropolitan area and within a 30-mile radius for organizations within the seven-county metropolitan area; and

 

(ii) if a comparison is not feasible under item (i), the commissioner may use Medicare cost reports or audited financial statements to establish the base rate.

 

Sec. 22.  Minnesota Statutes 2016, section 256B.0625, subdivision 45a, is amended to read:

 

Subd. 45a.  Psychiatric residential treatment facility services for persons under 21 years of age.  (a) Medical assistance covers psychiatric residential treatment facility services, according to section 256B.0941, for persons under younger than 21 years of age.  Individuals who reach age 21 at the time they are receiving services are eligible to continue receiving services until they no longer require services or until they reach age 22, whichever occurs first.

 

(b) For purposes of this subdivision, "psychiatric residential treatment facility" means a facility other than a hospital that provides psychiatric services, as described in Code of Federal Regulations, title 42, sections 441.151 to 441.182, to individuals under age 21 in an inpatient setting.

 

(c) The commissioner shall develop admissions and discharge procedures and establish rates consistent with guidelines from the federal Centers for Medicare and Medicaid Services.

 

(d) The commissioner shall enroll up to 150 certified psychiatric residential treatment facility services beds at up to six sites.  The commissioner shall select psychiatric residential treatment facility services providers through a request for proposals process.  Providers of state-operated services may respond to the request for proposals.

 

Sec. 23.  Minnesota Statutes 2016, section 256B.0625, subdivision 60a, is amended to read:

 

Subd. 60a.  Community medical response emergency medical technician services.  (a) Medical assistance covers services provided by a community medical response emergency medical technician (CEMT) who is certified under section 144E.275, subdivision 7, when the services are provided in accordance with this subdivision.


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(b) A CEMT may provide a posthospital discharge postdischarge visit, after discharge from a hospital or skilled nursing facility, when ordered by a treating physician.  The posthospital discharge postdischarge visit includes:

 

(1) verbal or visual reminders of discharge orders;

 

(2) recording and reporting of vital signs to the patient's primary care provider;

 

(3) medication access confirmation;

 

(4) food access confirmation; and

 

(5) identification of home hazards.

 

(c) An individual who has repeat ambulance calls due to falls, has been discharged from a nursing home, or has been identified by the individual's primary care provider as at risk for nursing home placement, may receive a safety evaluation visit from a CEMT when ordered by a primary care provider in accordance with the individual's care plan.  A safety evaluation visit includes:

 

(1) medication access confirmation;

 

(2) food access confirmation; and

 

(3) identification of home hazards.

 

(d) A CEMT shall be paid at $9.75 per 15-minute increment.  A safety evaluation visit may not be billed for the same day as a posthospital discharge postdischarge visit for the same individual.

 

Sec. 24.  Minnesota Statutes 2016, section 256B.0625, subdivision 64, is amended to read:

 

Subd. 64.  Investigational drugs, biological products, and devices.  Medical assistance and the early periodic screening, diagnosis, and treatment (EPSDT) program do not cover costs incidental to, associated with, or resulting from the use of investigational drugs, biological products, or devices as defined in section 151.375., except that stiripentol may be covered by the EPSDT program, only if all of the following conditions are met:

 

(1) the use of stiripentol is determined to be medically necessary;

 

(2) stiripentol is covered only for eligible enrollees with a documented diagnosis of Dravet syndrome, regardless of whether an SCN1A genetic mutation is found, or children with Malignant Migrating Partial Epilepsy in Infancy due to an SCN2A genetic mutation;

 

(3) all other available covered prescription medications that are medically necessary for the patient have been tried without successful outcomes; and

 

(4) the United States Food and Drug Administration has approved the treating physician's individual patient investigational new drug application (IND) for the use of stiripentol for treatment.

 

This provision related to coverage of stiripentol does not apply to MinnesotaCare coverage under chapter 256L.


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Sec. 25.  Minnesota Statutes 2016, section 256B.0644, is amended to read:

 

256B.0644 REIMBURSEMENT UNDER OTHER STATE HEALTH CARE PROGRAMS.

 

(a) A vendor of medical care, as defined in section 256B.02, subdivision 7, and a health maintenance organization, as defined in chapter 62D, must participate as a provider or contractor in the medical assistance program and MinnesotaCare as a condition of participating as a provider in health insurance plans and programs or contractor for state employees established under section 43A.18, the public employees insurance program under section 43A.316, for health insurance plans offered to local statutory or home rule charter city, county, and school district employees, the workers' compensation system under section 176.135, and insurance plans provided through the Minnesota Comprehensive Health Association under sections 62E.01 to 62E.19.  The limitations on insurance plans offered to local government employees shall not be applicable in geographic areas where provider participation is limited by managed care contracts with the Department of Human Services.  This section does not apply to dental service providers providing dental services outside the seven-county metropolitan area.

 

(b) For providers other than health maintenance organizations, participation in the medical assistance program means that:

 

(1) the provider accepts new medical assistance and MinnesotaCare patients;

 

(2) for providers other than dental service providers, at least 20 percent of the provider's patients are covered by medical assistance and MinnesotaCare as their primary source of coverage; or

 

(3) for dental service providers providing dental services in the seven-county metropolitan area, at least ten percent of the provider's patients are covered by medical assistance and MinnesotaCare as their primary source of coverage, or the provider accepts new medical assistance and MinnesotaCare patients who are children with special health care needs.  For purposes of this section, "children with special health care needs" means children up to age 18 who:  (i) require health and related services beyond that required by children generally; and (ii) have or are at risk for a chronic physical, developmental, behavioral, or emotional condition, including:  bleeding and coagulation disorders; immunodeficiency disorders; cancer; endocrinopathy; developmental disabilities; epilepsy, cerebral palsy, and other neurological diseases; visual impairment or deafness; Down syndrome and other genetic disorders; autism; fetal alcohol syndrome; and other conditions designated by the commissioner after consultation with representatives of pediatric dental providers and consumers.

 

(c) Patients seen on a volunteer basis by the provider at a location other than the provider's usual place of practice may be considered in meeting the participation requirement in this section.  The commissioner shall establish participation requirements for health maintenance organizations.  The commissioner shall provide lists of participating medical assistance providers on a quarterly basis to the commissioner of management and budget, the commissioner of labor and industry, and the commissioner of commerce.  Each of the commissioners shall develop and implement procedures to exclude as participating providers in the program or programs under their jurisdiction those providers who do not participate in the medical assistance program.  The commissioner of management and budget shall implement this section through contracts with participating health and dental carriers.

 

(d) A volunteer dentist who has signed a volunteer agreement under section 256B.0625, subdivision 9a, shall not be considered to be participating in medical assistance or MinnesotaCare for the purpose of this section.

 

EFFECTIVE DATE.  This section is effective upon receipt of any necessary federal waiver or approval.  The commissioner of human services shall notify the revisor of statutes if a federal waiver or approval is sought and, if sought, when a federal waiver or approval is obtained.


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Sec. 26.  Minnesota Statutes 2016, section 256B.0755, is amended to read:

 

256B.0755 HEALTH CARE DELIVERY SYSTEMS INTEGRATED HEALTH PARTNERSHIP DEMONSTRATION PROJECT.

 

Subdivision 1.  Implementation.  (a) The commissioner shall develop and authorize a demonstration project to test alternative and innovative health care delivery systems integrated health partnerships, including accountable care organizations that provide services to a specified patient population for an agreed-upon total cost of care or risk/gain sharing payment arrangement.  The commissioner shall develop a request for proposals for participation in the demonstration project in consultation with hospitals, primary care providers, health plans, and other key stakeholders.

 

(b) In developing the request for proposals, the commissioner shall:

 

(1) establish uniform statewide methods of forecasting utilization and cost of care for the appropriate Minnesota public program populations, to be used by the commissioner for the health care delivery system integrated health partnership projects;

 

(2) identify key indicators of quality, access, patient satisfaction, and other performance indicators that will be measured, in addition to indicators for measuring cost savings;

 

(3) allow maximum flexibility to encourage innovation and variation so that a variety of provider collaborations are able to become health care delivery systems integrated health partnerships and they can be customized for the special needs and barriers of patient populations experiencing health disparities due to social, economic, racial, or ethnic factors;

 

(4) encourage and authorize different levels and types of financial risk;

 

(5) encourage and authorize projects representing a wide variety of geographic locations, patient populations, provider relationships, and care coordination models;

 

(6) encourage projects that involve close partnerships between the health care delivery system integrated health partnerships and counties and nonprofit agencies that provide services to patients enrolled with the health care delivery system integrated health partnerships, including social services, public health, mental health, community‑based services, and continuing care;

 

(7) encourage projects established by community hospitals, clinics, and other providers in rural communities;

 

(8) identify required covered services for a total cost of care model or services considered in whole or partially in an analysis of utilization for a risk/gain sharing model;

 

(9) establish a mechanism to monitor enrollment;

 

(10) establish quality standards for the delivery system integrated health partnership demonstrations that are appropriate for the particular patient population to be served; and

 

(11) encourage participation of privately insured population so as to create sufficient alignment in demonstration systems integrated health partnerships.

 

(c) To be eligible to participate in the demonstration project, a health care delivery system an integrated health partnership must:


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(1) provide required covered services and care coordination to recipients enrolled in the health care delivery system integrated health partnership;

 

(2) establish a process to monitor enrollment and ensure the quality of care provided;

 

(3) in cooperation with counties and community social service agencies, coordinate the delivery of health care services with existing social services programs;

 

(4) provide a system for advocacy and consumer protection; and

 

(5) adopt innovative and cost-effective methods of care delivery and coordination, which may include the use of allied health professionals, telemedicine, patient educators, care coordinators, and community health workers.

 

(d) A health care delivery system An integrated health partnership demonstration may be formed by the following groups of providers of services and suppliers if they have established a mechanism for shared governance:

 

(1) professionals in group practice arrangements;

 

(2) networks of individual practices of professionals;

 

(3) partnerships or joint venture arrangements between hospitals and health care professionals;

 

(4) hospitals employing professionals; and

 

(5) other groups of providers of services and suppliers as the commissioner determines appropriate.

 

A managed care plan or county-based purchasing plan may participate in this demonstration in collaboration with one or more of the entities listed in clauses (1) to (5).

 

A health care delivery system An integrated health partnership may contract with a managed care plan or a county-based purchasing plan to provide administrative services, including the administration of a payment system using the payment methods established by the commissioner for health care delivery systems.

 

(e) The commissioner may require a health care delivery system an integrated health partnership to enter into additional third-party contractual relationships for the assessment of risk and purchase of stop loss insurance or another form of insurance risk management related to the delivery of care described in paragraph (c).

 

Subd. 2.  Enrollment.  (a) Individuals eligible for medical assistance or MinnesotaCare shall be eligible for enrollment in a health care delivery system an integrated health partnership.

 

(b) Eligible applicants and recipients may enroll in a health care delivery system an integrated health partnership if a system an integrated health partnership serves the county in which the applicant or recipient resides.  If more than one health care delivery system integrated health partnership serves a county, the applicant or recipient shall be allowed to choose among the delivery systems integrated health partnerships.

 

(c) The commissioner may assign an applicant or recipient to a health care delivery system an integrated health partnership if a health care delivery system an integrated health partnership is available and no choice has been made by the applicant or recipient.


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Subd. 3.  Accountability.  (a) Health care delivery systems Integrated health partnerships must accept responsibility for the quality of care based on standards established under subdivision 1, paragraph (b), clause (10), and the cost of care or utilization of services provided to its enrollees under subdivision 1, paragraph (b), clause (1).  Accountability standards must be appropriate to the particular population served.

 

(b) A health care delivery system An integrated health partnership may contract and coordinate with providers and clinics for the delivery of services and shall contract with community health clinics, federally qualified health centers, community mental health centers or programs, county agencies, and rural clinics to the extent practicable.

 

(c) A health care delivery system An integrated health partnership must indicate how it will coordinate with other services affecting its patients' health, quality of care, and cost of care that are provided by other providers, county agencies, and other organizations in the local service area.  The health care delivery system integrated health partnership must indicate how it will engage other providers, counties, and organizations, including county-based purchasing plans, that provide services to patients of the health care delivery system integrated health partnership on issues related to local population health, including applicable local needs, priorities, and public health goals.  The health care delivery system integrated health partnership must describe how local providers, counties, organizations, including county-based purchasing plans, and other relevant purchasers were consulted in developing the application to participate in the demonstration project.

 

Subd. 4.  Payment system.  (a) In developing a payment system for health care delivery systems integrated health partnerships, the commissioner shall establish a total cost of care benchmark or a risk/gain sharing payment model to be paid for services provided to the recipients enrolled in a health care delivery system an integrated health partnership.

 

(b) The payment system may include incentive payments to health care delivery systems integrated health partnerships that meet or exceed annual quality and performance targets realized through the coordination of care.

 

(c) An amount equal to the savings realized to the general fund as a result of the demonstration project shall be transferred each fiscal year to the health care access fund.

 

(d) The payment system shall include a population-based payment that supports care coordination services for all enrollees served by the integrated health partnerships, and is risk-adjusted to reflect varying levels of care coordination intensiveness for enrollees with chronic conditions or limited English skills, or who are homeless or experience health disparities or other barriers to health care.  The population-based payment shall be a per-member per-month payment paid at least on a quarterly basis.  Integrated health partnerships receiving this payment must continue to meet cost and quality metrics under the program to maintain eligibility for the population-based payment.  An integrated health partnership is eligible to receive a payment under this paragraph even if the partnership is not participating in a risk-based or gain-sharing payment model and regardless of the size of the patient population served by the integrated health partnership.  Any integrated health partnership participant certified as a health care home under section 256B.0751 that agrees to a payment method that includes population-based payments for care coordination is not eligible to receive health care home payment or care coordination fee authorized under section 62U.23 or 256B.0753, subdivision 1, or in-reach care coordination under section 256B.0625, subdivision 56, for any medical assistance or MinnesotaCare recipients enrolled or attributed to the integrated health partnership under this demonstration.

 

Subd. 5.  Outpatient prescription drug coverage.  Outpatient prescription drug coverage may be provided through accountable care organizations only if the delivery method qualifies for federal prescription drug rebates.

 

Subd. 6.  Federal approval.  The commissioner shall apply for any federal waivers or other federal approval required to implement this section.  The commissioner shall also apply for any applicable grant or demonstration under the Patient Protection and Affordable Health Care Act, Public Law 111-148, or the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, that would further the purposes of or assist in the establishment of accountable care organizations.


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Subd. 7.  Expansion.  The commissioner shall expand the demonstration project to include additional medical assistance and MinnesotaCare enrollees, and shall seek participation of Medicare in demonstration projects.  The commissioner shall seek to include participation of privately insured persons and Medicare recipients in the health care delivery demonstration.  As part of the demonstration expansion, the commissioner may procure the services of the health care delivery systems authorized under this section by geographic area, to supplement or replace the services provided by managed care plans operating under section 256B.69.

 

Sec. 27.  [256B.0759] HEALTH CARE DELIVERY SYSTEMS DEMONSTRATION PROJECT.

 

Subdivision 1.  Implementation.  (a) The commissioner shall develop and implement a demonstration project to test alternative and innovative health care delivery system payment and care models that provide services to medical assistance and MinnesotaCare enrollees for an agreed-upon, prospective per capita or total cost of care payment.  The commissioner shall implement this demonstration project in coordination with, and as an expansion of, the demonstration project authorized under section 256B.0755.

 

(b) In developing the demonstration project, the commissioner shall:

 

(1) establish uniform statewide methods of forecasting utilization and cost of care for the medical assistance and MinnesotaCare populations to be served under the health care delivery system project;

 

(2) identify key indicators of quality, access, and patient satisfaction, and identify methods to measure cost savings;

 

(3) allow maximum flexibility to encourage innovation and variation so that a variety of provider collaborations are able to participate as health care delivery systems, and health care delivery systems can be customized to address the special needs and barriers of patient populations;

 

(4) authorize participation by health care delivery systems representing a variety of geographic locations, patient populations, provider relationships, and care coordination models;

 

(5) recognize the close partnerships between health care delivery systems and the counties and nonprofit agencies that also provide services to patients enrolled in the health care delivery system, including social services, public health, mental health, community-based services, and continuing care;

 

(6) identify services to be included under a prospective per capita payment model, and project utilization and cost of these services under a total cost of care risk/gain sharing model;

 

(7) establish a mechanism to monitor enrollment in each health care delivery system; and

 

(8) establish quality standards for delivery systems that are appropriate for the specific patient populations served.

 

Subd. 2.  Requirements for health care delivery systems.  (a) To be eligible to participate in the demonstration project, a health care delivery system must:

 

(1) provide required services and care coordination to individuals enrolled in the health care delivery system;

 

(2) establish a process to monitor enrollment and ensure the quality of care provided;

 

(3) in cooperation with counties and community social service agencies, coordinate the delivery of health care services with existing social services programs;


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(4) provide a system for advocacy and consumer protection; and

 

(5) adopt innovative and cost-effective methods of care delivery and coordination, which may include the use of allied health professionals, telemedicine and patient educators, care coordinators, community paramedics, and community health workers.

 

(b) A health care delivery system may be formed by the following types of health care providers, if they have established, as applicable, a mechanism for shared governance:

 

(1) health care providers in group practice arrangements;

 

(2) networks of health care providers in individual practice;

 

(3) partnerships or joint venture arrangements between hospitals and health care providers;

 

(4) hospitals employing or contracting with the necessary range of health care providers; and

 

(5) other entities, as the commissioner determines appropriate.

 

(c) A health care delivery system must contract with a third-party administrator to provide administrative services, including the administration of the payment system established under the demonstration project.  The third‑party administrator must conduct an assessment of risk, and must purchase stop-loss insurance or another form of insurance risk management related to the delivery of care.  The commissioner may waive the requirement for contracting with a third-party administrator if the health care delivery system can demonstrate to the commissioner that it can satisfactorily perform all of the duties assigned to the third-party administrator.

 

Subd. 3.  Enrollment.  (a) Individuals eligible for medical assistance or MinnesotaCare shall be eligible for enrollment in a health care delivery system.  Individuals required to enroll in the prepaid medical assistance program or prepaid MinnesotaCare may opt out of receiving care from a managed care or county-based purchasing plan, and elect to receive care through a health care delivery system established under this section.

 

(b) Eligible applicants and recipients may enroll in a health care delivery system if the system serves the county in which the applicant or recipient resides.  If more than one health care delivery system serves a county, the applicant or recipient may choose among the delivery systems.  Enrollment in a specific health care delivery system shall be for a 12-month period, except that enrollees who do not maintain eligibility for medical assistance or MinnesotaCare shall be disenrolled, and enrollees experiencing a qualifying life event, as specified by the commissioner, may change health care delivery systems, or opt out of receiving coverage through a health care delivery system, within 60 days of the date of the qualifying life event.

 

(c) The commissioner shall assign an applicant or recipient to a health care delivery system if:

 

(1) the applicant or recipient is currently or has recently been attributed to the health care delivery system as part of an integrated health partnership under section 256B.0755; or

 

(2) no choice has been made by the applicant or recipient.  In this case, the commissioner shall enroll an applicant or recipient based on geographic criteria or based on the health care providers from whom the applicant or recipient has received prior care.


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Subd. 4.  Accountability.  (a) Health care delivery systems are responsible for the quality of care based on standards established by the commissioner, and for enrollee cost of care and utilization of services.  The commissioner shall adjust accountability standards including the quality, cost, and utilization of care to take into account the social, economic, or cultural barriers experienced by the health care delivery system's patient population.

 

(b) A health care delivery system must contract with community health clinics, federally qualified health centers, community mental health centers or programs, county agencies, and rural health clinics to the extent practicable.

 

(c) A health care delivery system must indicate to the commissioner how it will coordinate its services with those delivered by other providers, county agencies, and other organizations in the local service area.  The health care delivery system must indicate how it will engage other providers, counties, and organizations that provide services to patients of the health care delivery system on issues related to local population health, including applicable local needs, priorities, and public health goals.  The health care delivery system must describe how local providers, counties, and organizations were consulted in developing the application submitted to the commissioner requiring participation in the demonstration project.

 

Subd. 5.  Payment system.  The commissioner shall develop a payment system for the health care delivery system project that includes prospective per capita payments, total cost of care benchmarks, and risk/gain sharing payment options.  The payment system may include incentive payments to health care delivery systems that meet or exceed annual quality and performance targets through the coordination of care.

 

Subd. 6.  Federal waiver or approval.  The commissioner shall seek all federal waivers or approval necessary to implement the health care delivery system demonstration project.  The commissioner shall notify the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance of any federal action related to the request for waivers and approval.

 

EFFECTIVE DATE.  This section is effective January 1, 2018, or upon receipt of federal waivers or approval, whichever is later.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

 

Sec. 28.  [256B.0941] PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY FOR PERSONS YOUNGER THAN 21 YEARS OF AGE.

 

Subdivision 1.  Eligibility.  (a) An individual who is eligible for mental health treatment services in a psychiatric residential treatment facility must meet all of the following criteria:

 

(1) before admission, services are determined to be medically necessary by the state's medical review agent according to Code of Federal Regulations, title 42, section 441.152;

 

(2) is younger than 21 years of age at the time of admission.  Services may continue until the individual meets criteria for discharge or reaches 22 years of age, whichever occurs first;

 

(3) has a mental health diagnosis as defined in the most recent edition of the Diagnostic and Statistical Manual for Mental Disorders, as well as clinical evidence of severe aggression, or a finding that the individual is a risk to self or others;

 

(4) has functional impairment and a history of difficulty in functioning safely and successfully in the community, school, home, or job; an inability to adequately care for one's physical needs; or caregivers, guardians, or family members are unable to safely fulfill the individual's needs;


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(5) requires psychiatric residential treatment under the direction of a physician to improve the individual's condition or prevent further regression so that services will no longer be needed;

 

(6) utilized and exhausted other community-based mental health services, or clinical evidence indicates that such services cannot provide the level of care needed; and

 

(7) was referred for treatment in a psychiatric residential treatment facility by a qualified mental health professional licensed as defined in section 245.4871, subdivision 27, clauses (1) to (6).

 

(b) A mental health professional making a referral shall submit documentation to the state's medical review agent containing all information necessary to determine medical necessity, including a standard diagnostic assessment completed within 180 days of the individual's admission.  Documentation shall include evidence of family participation in the individual's treatment planning and signed consent for services.

 

Subd. 2.  Services.  Psychiatric residential treatment facility service providers must offer and have the capacity to provide the following services:

 

(1) development of the individual plan of care, review of the individual plan of care every 30 days, and discharge planning by required members of the treatment team according to Code of Federal Regulations, title 42, sections 441.155 to 441.156;

 

(2) any services provided by a psychiatrist or physician for development of an individual plan of care, conducting a review of the individual plan of care every 30 days, and discharge planning by required members of the treatment team according to Code of Federal Regulations, title 42, sections 441.155 to 441.156;

 

(3) active treatment seven days per week that may include individual, family, or group therapy as determined by the individual care plan;

 

(4) individual therapy, provided a minimum of twice per week;

 

(5) family engagement activities, provided a minimum of once per week;

 

(6) consultation with other professionals, including case managers, primary care professionals, community-based mental health providers, school staff, or other support planners;

 

(7) coordination of educational services between local and resident school districts and the facility;

 

(8) 24-hour nursing; and

 

(9) direct care and supervision, supportive services for daily living and safety, and positive behavior management.

 

Subd. 3.  Per diem rate.  (a) The commissioner shall establish a statewide per diem rate for psychiatric residential treatment facility services for individuals 21 years of age or younger.  The rate for a provider must not exceed the rate charged by that provider for the same service to other payers.  Payment must not be made to more than one entity for each individual for services provided under this section on a given day.  The commissioner shall set rates prospectively for the annual rate period.  The commissioner shall require providers to submit annual cost reports on a uniform cost reporting form and shall use submitted cost reports to inform the rate-setting process.  The cost reporting shall be done according to federal requirements for Medicare cost reports.


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(b) The following are included in the rate:

 

(1) costs necessary for licensure and accreditation, meeting all staffing standards for participation, meeting all service standards for participation, meeting all requirements for active treatment, maintaining medical records, conducting utilization review, meeting inspection of care, and discharge planning.  The direct services costs must be determined using the actual cost of salaries, benefits, payroll taxes, and training of direct services staff and service‑related transportation; and

 

(2) payment for room and board provided by facilities meeting all accreditation and licensing requirements for participation.

 

(c) A facility may submit a claim for payment outside of the per diem for professional services arranged by and provided at the facility by an appropriately licensed professional who is enrolled as a provider with Minnesota health care programs.  Arranged services must be billed by the facility on a separate claim, and the facility shall be responsible for payment to the provider.  These services must be included in the individual plan of care and are subject to prior authorization by the state's medical review agent.

 

(d) Medicaid shall reimburse for concurrent services as approved by the commissioner to support continuity of care and successful discharge from the facility.  "Concurrent services" means services provided by another entity or provider while the individual is admitted to a psychiatric residential treatment facility.  Payment for concurrent services may be limited and these services are subject to prior authorization by the state's medical review agent.  Concurrent services may include targeted case management, assertive community treatment, clinical care consultation, team consultation, and treatment planning.

 

(e) Payment rates under this subdivision shall not include the costs of providing the following services:

 

(1) educational services;

 

(2) acute medical care or specialty services for other medical conditions;

 

(3) dental services; and

 

(4) pharmacy drug costs.

 

(f) For purposes of this section, "actual cost" means costs that are allowable, allocable, reasonable, and consistent with federal reimbursement requirements in Code of Federal Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and the Office of Management and Budget Circular Number A-122, relating to nonprofit entities.

 

Subd. 4.  Leave days.  (a) Medical assistance covers therapeutic and hospital leave days, provided the recipient was not discharged from the psychiatric residential treatment facility and is expected to return to the psychiatric residential treatment facility.  A reserved bed must be held for a recipient on hospital leave or therapeutic leave.

 

(b) A therapeutic leave day to home shall be used to prepare for discharge and reintegration and shall be included in the individual plan of care.  The state shall reimburse 75 percent of the per diem rate for a reserve bed day while the recipient is on therapeutic leave.  A therapeutic leave visit may not exceed three days without prior authorization.


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(c) A hospital leave day shall be a day for which a recipient has been admitted to a hospital for medical or acute psychiatric care and is temporarily absent from the psychiatric residential treatment facility.  The state shall reimburse 50 percent of the per diem rate for a reserve bed day while the recipient is receiving medical or psychiatric care in a hospital.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 29.  Minnesota Statutes 2016, section 256B.0943, subdivision 13, is amended to read:

 

Subd. 13.  Exception to excluded services.  Notwithstanding subdivision 12, up to 15 hours of children's therapeutic services and supports provided within a six-month period to a child with severe emotional disturbance who is residing in a hospital; a group home as defined in Minnesota Rules, parts 2960.0130 to 2960.0220; a residential treatment facility licensed under Minnesota Rules, parts 2960.0580 to 2960.0690; a psychiatric residential treatment facility under section 256B.0625, subdivision 45a; a regional treatment center; or other institutional group setting or who is participating in a program of partial hospitalization are eligible for medical assistance payment if part of the discharge plan.

 

Sec. 30.  Minnesota Statutes 2016, section 256B.0945, subdivision 2, is amended to read:

 

Subd. 2.  Covered services.  All services must be included in a child's individualized treatment or multiagency plan of care as defined in chapter 245.

 

For facilities that are not institutions for mental diseases according to federal statute and regulation, medical assistance covers mental health-related services that are required to be provided by a residential facility under section 245.4882 and administrative rules promulgated thereunder, except for room and board.  For residential facilities determined by the federal Centers for Medicare and Medicaid Services to be an institution for mental diseases, medical assistance covers medically necessary mental health services provided by the facility according to section 256B.055, subdivision 13, except for room and board.

 

Sec. 31.  Minnesota Statutes 2016, section 256B.0945, subdivision 4, is amended to read:

 

Subd. 4.  Payment rates.  (a) Notwithstanding sections 256B.19 and 256B.041, payments to counties for residential services provided under this section by a residential facility shall:

 

(1) for services provided by a residential facility that is not an institution for mental diseases, only be made of federal earnings for services provided under this section, and the nonfederal share of costs for services provided under this section shall be paid by the county from sources other than federal funds or funds used to match other federal funds.  Payment to counties for services provided according to this section shall be a proportion of the per day contract rate that relates to rehabilitative mental health services and shall not include payment for costs or services that are billed to the IV-E program as room and board.; and

 

(2) for services provided by a residential facility that is determined to be an institution for mental diseases, be equivalent to the federal share of the payment that would have been made if the residential facility were not an institution for mental diseases.  The portion of the payment representing what would be the nonfederal shares shall be paid by the county.  Payment to counties for services provided according to this section shall be a proportion of the per day contract rate that relates to rehabilitative mental health services and shall not include payment for costs or services that are billed to the IV-E program as room and board.

 

(b) Per diem rates paid to providers under this section by prepaid plans shall be the proportion of the per-day contract rate that relates to rehabilitative mental health services and shall not include payment for group foster care costs or services that are billed to the county of financial responsibility.  Services provided in facilities located in bordering states are eligible for reimbursement on a fee-for-service basis only as described in paragraph (a) and are not covered under prepaid health plans.


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(c) Payment for mental health rehabilitative services provided under this section by or under contract with an American Indian tribe or tribal organization or by agencies operated by or under contract with an American Indian tribe or tribal organization must be made according to section 256B.0625, subdivision 34, or other relevant federally approved rate-setting methodology.

 

(d) The commissioner shall set aside a portion not to exceed five percent of the federal funds earned for county expenditures under this section to cover the state costs of administering this section.  Any unexpended funds from the set-aside shall be distributed to the counties in proportion to their earnings under this section.

 

Sec. 32.  Minnesota Statutes 2016, section 256B.15, subdivision 1, is amended to read:

 

Subdivision 1.  Policy and applicability.  (a) It is the policy of this state that individuals or couples, either or both of whom participate in the medical assistance program, use their own assets to pay their share of the cost of their care during or after their enrollment in the program according to applicable federal law and the laws of this state.  The following provisions apply:

 

(1) subdivisions 1c to 1k shall not apply to claims arising under this section which are presented under section 525.313;

 

(2) the provisions of subdivisions 1c to 1k expanding the interests included in an estate for purposes of recovery under this section give effect to the provisions of United States Code, title 42, section 1396p, governing recoveries, but do not give rise to any express or implied liens in favor of any other parties not named in these provisions;

 

(3) the continuation of a recipient's life estate or joint tenancy interest in real property after the recipient's death for the purpose of recovering medical assistance under this section modifies common law principles holding that these interests terminate on the death of the holder;

 

(4) all laws, rules, and regulations governing or involved with a recovery of medical assistance shall be liberally construed to accomplish their intended purposes;

 

(5) a deceased recipient's life estate and joint tenancy interests continued under this section shall be owned by the remainderpersons or surviving joint tenants as their interests may appear on the date of the recipient's death.  They shall not be merged into the remainder interest or the interests of the surviving joint tenants by reason of ownership.  They shall be subject to the provisions of this section.  Any conveyance, transfer, sale, assignment, or encumbrance by a remainderperson, a surviving joint tenant, or their heirs, successors, and assigns shall be deemed to include all of their interest in the deceased recipient's life estate or joint tenancy interest continued under this section; and

 

(6) the provisions of subdivisions 1c to 1k continuing a recipient's joint tenancy interests in real property after the recipient's death do not apply to a homestead owned of record, on the date the recipient dies, by the recipient and the recipient's spouse as joint tenants with a right of survivorship.  Homestead means the real property occupied by the surviving joint tenant spouse as their sole residence on the date the recipient dies and classified and taxed to the recipient and surviving joint tenant spouse as homestead property for property tax purposes in the calendar year in which the recipient dies.  For purposes of this exemption, real property the recipient and their surviving joint tenant spouse purchase solely with the proceeds from the sale of their prior homestead, own of record as joint tenants, and qualify as homestead property under section 273.124 in the calendar year in which the recipient dies and prior to the recipient's death shall be deemed to be real property classified and taxed to the recipient and their surviving joint tenant spouse as homestead property in the calendar year in which the recipient dies.  The surviving spouse, or any person with personal knowledge of the facts, may provide an affidavit describing the homestead property affected by this clause and stating facts showing compliance with this clause.  The affidavit shall be prima facie evidence of the facts it states.


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(b) For purposes of this section, "medical assistance" includes the medical assistance program under this chapter, the general assistance medical care program formerly codified under chapter 256D, and alternative care for nonmedical assistance recipients under section 256B.0913.

 

(c) For purposes of this section, beginning January 1, 2010, "medical assistance" does not include Medicare cost‑sharing benefits in accordance with United States Code, title 42, section 1396p.

 

(d) All provisions in this subdivision, and subdivisions 1d, 1f, 1g, 1h, 1i, and 1j, related to the continuation of a recipient's life estate or joint tenancy interests in real property after the recipient's death for the purpose of recovering medical assistance, are effective only for life estates and joint tenancy interests established on or after August 1, 2003.  For purposes of this paragraph, medical assistance does not include alternative care.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies retroactively to estate claims pending on or after July 1, 2016, and to the estates of people who died on or after July 1, 2016.

 

Sec. 33.  Minnesota Statutes 2016, section 256B.15, subdivision 1a, is amended to read:

 

Subd. 1a.  Estates subject to claims.  (a) If a person receives medical assistance hereunder, on the person's death, if single, or on the death of the survivor of a married couple, either or both of whom received medical assistance, or as otherwise provided for in this section, the amount paid for medical assistance as limited under subdivision 2 for the person and spouse shall be filed as a claim against the estate of the person or the estate of the surviving spouse in the court having jurisdiction to probate the estate or to issue a decree of descent according to sections 525.31 to 525.313.

 

(b) For the purposes of this section, the person's estate must consist of:

 

(1) the person's probate estate;

 

(2) all of the person's interests or proceeds of those interests in real property the person owned as a life tenant or as a joint tenant with a right of survivorship at the time of the person's death;

 

(3) all of the person's interests or proceeds of those interests in securities the person owned in beneficiary form as provided under sections 524.6-301 to 524.6-311 at the time of the person's death, to the extent the interests or proceeds of those interests become part of the probate estate under section 524.6-307;

 

(4) all of the person's interests in joint accounts, multiple-party accounts, and pay-on-death accounts, brokerage accounts, investment accounts, or the proceeds of those accounts, as provided under sections 524.6-201 to 524.6-214 at the time of the person's death to the extent the interests become part of the probate estate under section 524.6-207; and

 

(5) assets conveyed to a survivor, heir, or assign of the person through survivorship, living trust, or other arrangements.

 

(c) For the purpose of this section and recovery in a surviving spouse's estate for medical assistance paid for a predeceased spouse, the estate must consist of all of the legal title and interests the deceased individual's predeceased spouse had in jointly owned or marital property at the time of the spouse's death, as defined in subdivision 2b, and the proceeds of those interests, that passed to the deceased individual or another individual, a survivor, an heir, or an assign of the predeceased spouse through a joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement.  A deceased recipient who, at death, owned the property jointly with the surviving spouse shall have an interest in the entire property.


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(d) For the purpose of recovery in a single person's estate or the estate of a survivor of a married couple, "other arrangement" includes any other means by which title to all or any part of the jointly owned or marital property or interest passed from the predeceased spouse to another including, but not limited to, transfers between spouses which are permitted, prohibited, or penalized for purposes of medical assistance.

 

(e) A claim shall be filed if medical assistance was rendered for either or both persons under one of the following circumstances:

 

(1) the person was over 55 years of age, and received services under this chapter prior to January 1, 2014;

 

(2) (1) the person resided in a medical institution for six months or longer, received services under this chapter, and, at the time of institutionalization or application for medical assistance, whichever is later, the person could not have reasonably been expected to be discharged and returned home, as certified in writing by the person's treating physician.  For purposes of this section only, a "medical institution" means a skilled nursing facility, intermediate care facility, intermediate care facility for persons with developmental disabilities, nursing facility, or inpatient hospital;

 

(3) (2) the person received general assistance medical care services under the program formerly codified under chapter 256D; or

 

(4) (3) the person was 55 years of age or older and received medical assistance services on or after January 1, 2014, that consisted of nursing facility services, home and community-based services, or related hospital and prescription drug benefits.

 

(f) The claim shall be considered an expense of the last illness of the decedent for the purpose of section 524.3‑805.  Notwithstanding any law or rule to the contrary, a state or county agency with a claim under this section must be a creditor under section 524.6-307.  Any statute of limitations that purports to limit any county agency or the state agency, or both, to recover for medical assistance granted hereunder shall not apply to any claim made hereunder for reimbursement for any medical assistance granted hereunder.  Notice of the claim shall be given to all heirs and devisees of the decedent, and to other persons with an ownership interest in the real property owned by the decedent at the time of the decedent's death, whose identity can be ascertained with reasonable diligence.  The notice must include procedures and instructions for making an application for a hardship waiver under subdivision 5; time frames for submitting an application and determination; and information regarding appeal rights and procedures.  Counties are entitled to one-half of the nonfederal share of medical assistance collections from estates that are directly attributable to county effort.  Counties are entitled to ten percent of the collections for alternative care directly attributable to county effort.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies retroactively to estate claims pending on or after July 1, 2016, and to the estates of people who died on or after July 1, 2016.

 

Sec. 34.  Minnesota Statutes 2016, section 256B.15, subdivision 2, is amended to read:

 

Subd. 2.  Limitations on claims.  (a) For services rendered prior to January 1, 2014, the claim shall include only the total amount of medical assistance rendered after age 55 or during a period of institutionalization described in subdivision 1a, paragraph (e), and the total amount of general assistance medical care rendered under the program formerly codified under chapter 256D, and shall not include interest.

 

(b) For services rendered on or after January 1, 2014, (a) The claim shall include only:

 

(1) the amount of medical assistance rendered to recipients 55 years of age or older and that consisted of nursing facility services, home and community-based services, and related hospital and prescription drug services; and


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(2) the total amount of medical assistance rendered during a period of institutionalization described in subdivision 1a, paragraph (e), clause (2). (1); and

 

(3) the total amount of general assistance medical care rendered under the program formerly codified under chapter 256D.

 

The claim shall not include interest.  For the purposes of this section, "home and community-based services" has the same meaning it has when used in United States Code, title 42, section 1396p(b)(1)(B)(i), and includes the alternative care program under section 256B.0913, even for periods when alternative care services receive only state funding.

 

(c) (b) Claims that have been allowed but not paid shall bear interest according to section 524.3-806, paragraph (d).  A claim against the estate of a surviving spouse who did not receive medical assistance, for medical assistance rendered for the predeceased spouse, shall be payable from the full value of all of the predeceased spouse's assets and interests which are part of the surviving spouse's estate under subdivisions 1a and 2b.  Recovery of medical assistance expenses in the nonrecipient surviving spouse's estate is limited to the value of the assets of the estate that were marital property or jointly owned property at any time during the marriage.  The claim is not payable from the value of assets or proceeds of assets in the estate attributable to a predeceased spouse whom the individual married after the death of the predeceased recipient spouse for whom the claim is filed or from assets and the proceeds of assets in the estate which the nonrecipient decedent spouse acquired with assets which were not marital property or jointly owned property after the death of the predeceased recipient spouse.  Claims for alternative care shall be net of all premiums paid under section 256B.0913, subdivision 12, on or after July 1, 2003, and shall be limited to services provided on or after July 1, 2003.  Claims against marital property shall be limited to claims against recipients who died on or after July 1, 2009.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies retroactively to estate claims pending on or after July 1, 2016, and to the estates of people who died on or after July 1, 2016.

 

Sec. 35.  Minnesota Statutes 2016, section 256B.196, subdivision 2, is amended to read:

 

Subd. 2.  Commissioner's duties.  (a) For the purposes of this subdivision and subdivision 3, the commissioner shall determine the fee-for-service outpatient hospital services upper payment limit for nonstate government hospitals.  The commissioner shall then determine the amount of a supplemental payment to Hennepin County Medical Center and Regions Hospital for these services that would increase medical assistance spending in this category to the aggregate upper payment limit for all nonstate government hospitals in Minnesota.  In making this determination, the commissioner shall allot the available increases between Hennepin County Medical Center and Regions Hospital based on the ratio of medical assistance fee-for-service outpatient hospital payments to the two facilities.  The commissioner shall adjust this allotment as necessary based on federal approvals, the amount of intergovernmental transfers received from Hennepin and Ramsey Counties, and other factors, in order to maximize the additional total payments.  The commissioner shall inform Hennepin County and Ramsey County of the periodic intergovernmental transfers necessary to match federal Medicaid payments available under this subdivision in order to make supplementary medical assistance payments to Hennepin County Medical Center and Regions Hospital equal to an amount that when combined with existing medical assistance payments to nonstate governmental hospitals would increase total payments to hospitals in this category for outpatient services to the aggregate upper payment limit for all hospitals in this category in Minnesota.  Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to Hennepin County Medical Center and Regions Hospital.

 

(b) For the purposes of this subdivision and subdivision 3, the commissioner shall determine an upper payment limit for physicians and other billing professionals affiliated with Hennepin County Medical Center and with Regions Hospital.  The upper payment limit shall be based on the average commercial rate or be determined using another method acceptable to the Centers for Medicare and Medicaid Services.  The commissioner shall inform


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Hennepin County and Ramsey County of the periodic intergovernmental transfers necessary to match the federal Medicaid payments available under this subdivision in order to make supplementary payments to physicians and other billing professionals affiliated with Hennepin County Medical Center and to make supplementary payments to physicians and other billing professionals affiliated with Regions Hospital through HealthPartners Medical Group equal to the difference between the established medical assistance payment for physician and other billing professional services and the upper payment limit.  Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to physicians and other billing professionals affiliated with Hennepin County Medical Center and shall make supplementary payments to physicians and other billing professionals affiliated with Regions Hospital through HealthPartners Medical Group.

 

(c) Beginning January 1, 2010, Hennepin County and Ramsey County may make monthly voluntary intergovernmental transfers to the commissioner in amounts not to exceed $12,000,000 per year from Hennepin County and $6,000,000 per year from Ramsey County.  The commissioner shall increase the medical assistance capitation payments to any licensed health plan under contract with the medical assistance program that agrees to make enhanced payments to Hennepin County Medical Center or Regions Hospital.  The increase shall be in an amount equal to the annual value of the monthly transfers plus federal financial participation, with each health plan receiving its pro rata share of the increase based on the pro rata share of medical assistance admissions to Hennepin County Medical Center and Regions Hospital by those plans.  Upon the request of the commissioner, health plans shall submit individual-level cost data for verification purposes.  The commissioner may ratably reduce these payments on a pro rata basis in order to satisfy federal requirements for actuarial soundness.  If payments are reduced, transfers shall be reduced accordingly.  Any licensed health plan that receives increased medical assistance capitation payments under the intergovernmental transfer described in this paragraph shall increase its medical assistance payments to Hennepin County Medical Center and Regions Hospital by the same amount as the increased payments received in the capitation payment described in this paragraph.

 

(d) For the purposes of this subdivision and subdivision 3, the commissioner shall determine an upper payment limit for ambulance services affiliated with Hennepin County Medical Center and the city of St. Paul, and ambulance services owned and operated by another governmental entity that chooses to participate by requesting the commissioner to determine an upper payment limit.  The upper payment limit shall be based on the average commercial rate or be determined using another method acceptable to the Centers for Medicare and Medicaid Services.  The commissioner shall inform Hennepin County and, the city of St. Paul, and other participating governmental entities of the periodic intergovernmental transfers necessary to match the federal Medicaid payments available under this subdivision in order to make supplementary payments to Hennepin County Medical Center and, the city of St. Paul, and other participating governmental entities equal to the difference between the established medical assistance payment for ambulance services and the upper payment limit.  Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to Hennepin County Medical Center and, the city of St. Paul., and other participating governmental entities.  A tribal government that owns and operates an ambulance service is not eligible to participate under this subdivision.

 

(e) For the purposes of this subdivision and subdivision 3, the commissioner shall determine an upper payment limit for physicians, dentists, and other billing professionals affiliated with the University of Minnesota and University of Minnesota Physicians.  The upper payment limit shall be based on the average commercial rate or be determined using another method acceptable to the Centers for Medicare and Medicaid Services.  The commissioner shall inform the University of Minnesota Medical School and University of Minnesota School of Dentistry of the periodic intergovernmental transfers necessary to match the federal Medicaid payments available under this subdivision in order to make supplementary payments to physicians, dentists, and other billing professionals affiliated with the University of Minnesota and the University of Minnesota Physicians equal to the difference between the established medical assistance payment for physician, dentist, and other billing professional services and the upper payment limit.  Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to physicians, dentists, and other billing professionals affiliated with the University of Minnesota and the University of Minnesota Physicians.


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(f) Beginning January 1, 2018, the University of Minnesota Medical School and the University of Minnesota School of Dentistry may make monthly voluntary intergovernmental transfers to the commissioner in amounts not to exceed $20,000,000 per year from the University of Minnesota Medical School and $6,000,000 per year from the University of Minnesota School of Dentistry.  The commissioner shall increase the medical assistance capitation payments to any licensed health plan under contract with the medical assistance program that agrees to make enhanced payments to the University of Minnesota and the University of Minnesota Physicians.  The increase shall be in an amount equal to the annual value of the monthly transfers plus federal financial participation, with each health plan receiving its pro rata share of the increase based on the pro rata share of medical assistance services by physicians, dentists, and other billing professionals affiliated with the University of Minnesota and the University of Minnesota Physicians.  Upon the request of the commissioner, health plans shall submit individual-level cost data for verification purposes.  The commissioner may ratably reduce these payments on a pro rata basis in order to satisfy federal requirements for actuarial soundness.  If payments are reduced, transfers shall be reduced accordingly.  Any licensed health plan that receives increased medical assistance capitation payments under the intergovernmental transfer described in this paragraph shall increase its medical assistance payments to the University of Minnesota and the University of Minnesota Physicians by the same amount as the increased payments received in the capitation payment described in this paragraph.

 

(g) The commissioner shall inform the transferring governmental entities on an ongoing basis of the need for any changes needed in the intergovernmental transfers in order to continue the payments under paragraphs (a) to (d) (f), at their maximum level, including increases in upper payment limits, changes in the federal Medicaid match, and other factors.

 

(f) (h) The payments in paragraphs (a) to (d) (f) shall be implemented independently of each other, subject to federal approval and to the receipt of transfers under subdivision 3.

 

(i) All of the data and funding transactions related to the payments in paragraphs (a) to (f) shall be between the commissioner and the governmental entities.

 

EFFECTIVE DATE.  Paragraph (d) is effective July 1, 2017, or upon federal approval, whichever is later.  The commissioner of human services shall notify the revisor of statutes when federal approval is received.

 

Sec. 36.  Minnesota Statutes 2016, section 256B.196, subdivision 3, is amended to read:

 

Subd. 3.  Intergovernmental transfers.  Based on the determination by the commissioner under subdivision 2, Hennepin County and Ramsey County shall make periodic intergovernmental transfers to the commissioner for the purposes of subdivision 2, paragraphs (a) and (b).  All of the intergovernmental transfers made by Hennepin County shall be used to match federal payments to Hennepin County Medical Center under subdivision 2, paragraph (a), and to physicians and other billing professionals affiliated with Hennepin County Medical Center under subdivision 2, paragraph (b).  All of the intergovernmental transfers made by Ramsey County shall be used to match federal payments to Regions Hospital under subdivision 2, paragraph (a), and to physicians and other billing professionals affiliated with Regions Hospital through HealthPartners Medical Group under subdivision 2, paragraph (b).  All of the intergovernmental transfer payments made by the University of Minnesota Medical School and the University of Minnesota School of Dentistry shall be used to match federal payments to the University of Minnesota and the University of Minnesota Physicians under subdivision 2, paragraphs (e) and (f).

 

Sec. 37.  Minnesota Statutes 2016, section 256B.196, subdivision 4, is amended to read:

 

Subd. 4.  Adjustments permitted.  (a) The commissioner may adjust the intergovernmental transfers under subdivision 3 and the payments under subdivision 2, based on the commissioner's determination of Medicare upper payment limits, hospital-specific charge limits, hospital-specific limitations on disproportionate share payments, medical inflation, actuarial certification, average commercial rates for physician and other professional services, and


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cost-effectiveness for purposes of federal waivers.  Any adjustments must be made on a proportional basis.  The commissioner may make adjustments under this subdivision only after consultation with the affected counties, university schools, and hospitals.  All payments under subdivision 2 and all intergovernmental transfers under subdivision 3 are limited to amounts available after all other base rates, adjustments, and supplemental payments in chapter 256B are calculated.

 

(b) The ratio of medical assistance payments specified in subdivision 2 to the voluntary intergovernmental transfers specified in subdivision 3 shall not be reduced except as provided under paragraph (a).

 

Sec. 38.  Minnesota Statutes 2016, section 256B.69, subdivision 5a, is amended to read:

 

Subd. 5a.  Managed care contracts.  (a) Managed care contracts under this section and section 256L.12 shall be entered into or renewed on a calendar year basis.  The commissioner may issue separate contracts with requirements specific to services to medical assistance recipients age 65 and older.

 

(b) A prepaid health plan providing covered health services for eligible persons pursuant to chapters 256B and 256L is responsible for complying with the terms of its contract with the commissioner.  Requirements applicable to managed care programs under chapters 256B and 256L established after the effective date of a contract with the commissioner take effect when the contract is next issued or renewed.

 

(c) The commissioner shall withhold five percent of managed care plan payments under this section and county‑based purchasing plan payments under section 256B.692 for the prepaid medical assistance program pending completion of performance targets.  Each performance target must be quantifiable, objective, measurable, and reasonably attainable, except in the case of a performance target based on a federal or state law or rule.  Criteria for assessment of each performance target must be outlined in writing prior to the contract effective date.  Clinical or utilization performance targets and their related criteria must consider evidence-based research and reasonable interventions when available or applicable to the populations served, and must be developed with input from external clinical experts and stakeholders, including managed care plans, county-based purchasing plans, and providers.  The managed care or county-based purchasing plan must demonstrate, to the commissioner's satisfaction, that the data submitted regarding attainment of the performance target is accurate.  The commissioner shall periodically change the administrative measures used as performance targets in order to improve plan performance across a broader range of administrative services.  The performance targets must include measurement of plan efforts to contain spending on health care services and administrative activities.  The commissioner may adopt plan‑specific performance targets that take into account factors affecting only one plan, including characteristics of the plan's enrollee population.  The withheld funds must be returned no sooner than July of the following year if performance targets in the contract are achieved.  The commissioner may exclude special demonstration projects under subdivision 23.

 

(d) The commissioner shall require that managed care plans use the assessment and authorization processes, forms, timelines, standards, documentation, and data reporting requirements, protocols, billing processes, and policies consistent with medical assistance fee-for-service or the Department of Human Services contract requirements consistent with medical assistance fee-for-service or the Department of Human Services contract requirements for all personal care assistance services under section 256B.0659.

 

(e) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the health plan's emergency department utilization rate for medical assistance and MinnesotaCare enrollees, as determined by the commissioner.  For 2012, the reduction shall be based on the health plan's utilization in 2009.  To earn the return of the withhold each subsequent year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of no less than ten percent of the plan's emergency department utilization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, compared to the previous measurement year until the


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final performance target is reached.  When measuring performance, the commissioner must consider the difference in health risk in a managed care or county-based purchasing plan's membership in the baseline year compared to the measurement year, and work with the managed care or county-based purchasing plan to account for differences that they agree are significant.

 

The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that a reduction in the utilization rate was achieved.  The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.

 

The withhold described in this paragraph shall continue for each consecutive contract period until the plan's emergency room utilization rate for state health care program enrollees is reduced by 25 percent of the plan's emergency room utilization rate for medical assistance and MinnesotaCare enrollees for calendar year 2009.  Hospitals shall cooperate with the health plans in meeting this performance target and shall accept payment withholds that may be returned to the hospitals if the performance target is achieved.

 

(f) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the plan's hospitalization admission rate for medical assistance and MinnesotaCare enrollees, as determined by the commissioner.  To earn the return of the withhold each year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of no less than five percent of the plan's hospital admission rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, compared to the previous calendar year until the final performance target is reached.  When measuring performance, the commissioner must consider the difference in health risk in a managed care or county-based purchasing plan's membership in the baseline year compared to the measurement year, and work with the managed care or county-based purchasing plan to account for differences that they agree are significant.

 

The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that this reduction in the hospitalization rate was achieved.  The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.

 

The withhold described in this paragraph shall continue until there is a 25 percent reduction in the hospital admission rate compared to the hospital admission rates in calendar year 2011, as determined by the commissioner.  The hospital admissions in this performance target do not include the admissions applicable to the subsequent hospital admission performance target under paragraph (g).  Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that may be returned to the hospitals if the performance target is achieved.

 

(g) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the plan's hospitalization admission rates for subsequent hospitalizations within 30 days of a previous hospitalization of a patient regardless of the reason, for medical assistance and MinnesotaCare enrollees, as determined by the commissioner.  To earn the return of the withhold each year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of the subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, of no less than five percent compared to the previous calendar year until the final performance target is reached.


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The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that a qualifying reduction in the subsequent hospitalization rate was achieved.  The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.

 

The withhold described in this paragraph must continue for each consecutive contract period until the plan's subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, is reduced by 25 percent of the plan's subsequent hospitalization rate for calendar year 2011.  Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that must be returned to the hospitals if the performance target is achieved.

 

(h) Effective for services rendered on or after January 1, 2013, through December 31, 2013, the commissioner shall withhold 4.5 percent of managed care plan payments under this section and county-based purchasing plan payments under section 256B.692 for the prepaid medical assistance program.  The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year.  The commissioner may exclude special demonstration projects under subdivision 23.

 

(i) Effective for services rendered on or after January 1, 2014, the commissioner shall withhold three percent of managed care plan payments under this section and county-based purchasing plan payments under section 256B.692 for the prepaid medical assistance program.  The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year.  The commissioner may exclude special demonstration projects under subdivision 23.

 

(j) A managed care plan or a county-based purchasing plan under section 256B.692 may include as admitted assets under section 62D.044 any amount withheld under this section that is reasonably expected to be returned.

 

(k) Contracts between the commissioner and a prepaid health plan are exempt from the set-aside and preference provisions of section 16C.16, subdivisions 6, paragraph (a), and 7.

 

(l) The return of the withhold under paragraphs (h) and (i) is not subject to the requirements of paragraph (c).

 

(m) Managed care plans and county-based purchasing plans shall maintain current and fully executed agreements for all subcontractors, including bargaining groups, for administrative services that are expensed to the state's public health care programs.  Subcontractor agreements determined to be material, as defined by the commissioner after taking into account state contracting and relevant statutory requirements, must be in the form of a written instrument or electronic document containing the elements of offer, acceptance, consideration, payment terms, scope, duration of the contract, and how the subcontractor services relate to state public health care programs.  Upon request, the commissioner shall have access to all subcontractor documentation under this paragraph.  Nothing in this paragraph shall allow release of information that is nonpublic data pursuant to section 13.02.

 

(n) Effective for services provided on or after January 1, 2018, through December 31, 2018, the commissioner shall withhold two percent of the capitation payment provided to managed care plans under this section, and county‑based purchasing plans under section 256B.692, for each medical assistance enrollee.  The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year, for capitation payments for enrollees for whom the plan has submitted to the commissioner a verification of coverage form completed and signed by the enrollee.  The verification of coverage form must be developed by the commissioner and made available to managed care and county-based purchasing plans.  The form must require the enrollee to provide the enrollee's name, street address, and the name of the managed care or county-based purchasing plan selected by or assigned to the enrollee, and must include a signature block that allows the enrollee to attest that the information provided is accurate.  A plan shall request that all enrollees complete the verification of coverage form, and shall submit all completed forms to the commissioner by February 28, 2018.  If a completed form for an enrollee is not received by the commissioner by that date:


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(1) the commissioner shall not return to the plan funds withheld for that enrollee;

 

(2) the commissioner shall cease making capitation payments to the plan for that enrollee, effective with the April 2018 coverage month; and

 

(3) the commissioner shall disenroll the enrollee from medical assistance, subject to any enrollee appeal.

 

Sec. 39.  Minnesota Statutes 2016, section 256B.69, is amended by adding a subdivision to read:

 

Subd. 36.  Competitive bidding and procurement.  (a) For managed care organization contracts effective on or after January 1, 2019, the commissioner shall utilize a competitive price and technical bidding program on a regional basis for nonelderly adults and children who are not eligible on the basis of a disability and are enrolled in medical assistance and MinnesotaCare.  If the commissioner utilizes a competitive price bidding program, the commissioner shall establish geographic regions for the purposes of competitive price bidding.  The commissioner shall not implement a competitive price bidding program for more than 40 percent of the regions during each procurement.  The commissioner shall ensure that there is an adequate choice of managed care organizations based on the potential enrollment, in a manner that is consistent with the requirements of section 256B.694.  The commissioner shall operate the competitive bidding program by region, but shall award contracts by county and shall allow managed care organizations with a service area consisting of only a portion of a region to bid on those counties within their service area only.  For purposes of this subdivision, "managed care organization" means a demonstration provider as defined in subdivision 2, paragraph (b).

 

(b) The commissioner shall provide the scoring weight of selection criteria to be assigned in the procurement process and include the scoring weight in the request for proposals.  Substantial weight shall be given to county board resolutions and priority areas identified by counties.

 

(c) If a best and final offer is requested, each responding managed care organization must be offered the opportunity to submit a best and final offer.

 

(d) The commissioner, when evaluating proposals, shall consider network adequacy for dental and other services.

 

(e) Notwithstanding sections 13.591 and 13.599, after the managed care organizations are notified about the award determination, but before contracts are signed, the commissioner shall provide each managed care organization with its own scoring sheet and supporting information.  The scoring sheet shall not be made available to other managed care organizations until final contracts are signed.

 

(f) A managed care organization that is aggrieved by the commissioner's decision related to the selection of managed care organizations to deliver services in a county or counties may appeal the commissioner's decision using the process outlined in section 256B.69, subdivision 3a, paragraph (d), except that the recommendation of the three‑person mediation panel shall be binding on the commissioner.

 

(g) The commissioner shall contract for an independent evaluation of the competitive price bidding process.  The contractor must solicit recommendations from all parties participating in the competitive price bidding process for service delivery in calendar year 2019 on how the competitive price bidding process may be improved for service delivery in calendar year 2020 and annually thereafter.  The commissioner shall make evaluation results available to the public on the department's Web site.


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Sec. 40.  Minnesota Statutes 2016, section 256B.75, is amended to read:

 

256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.

 

(a) For outpatient hospital facility fee payments for services rendered on or after October 1, 1992, the commissioner of human services shall pay the lower of (1) submitted charge, or (2) 32 percent above the rate in effect on June 30, 1992, except for those services for which there is a federal maximum allowable payment.  Effective for services rendered on or after January 1, 2000, payment rates for nonsurgical outpatient hospital facility fees and emergency room facility fees shall be increased by eight percent over the rates in effect on December 31, 1999, except for those services for which there is a federal maximum allowable payment.  Services for which there is a federal maximum allowable payment shall be paid at the lower of (1) submitted charge, or (2) the federal maximum allowable payment.  Total aggregate payment for outpatient hospital facility fee services shall not exceed the Medicare upper limit.  If it is determined that a provision of this section conflicts with existing or future requirements of the United States government with respect to federal financial participation in medical assistance, the federal requirements prevail.  The commissioner may, in the aggregate, prospectively reduce payment rates to avoid reduced federal financial participation resulting from rates that are in excess of the Medicare upper limitations.

 

(b) Notwithstanding paragraph (a), payment for outpatient, emergency, and ambulatory surgery hospital facility fee services for critical access hospitals designated under section 144.1483, clause (9), shall be paid on a cost-based payment system that is based on the cost-finding methods and allowable costs of the Medicare program.  Effective for services provided on or after July 1, 2015, rates established for critical access hospitals under this paragraph for the applicable payment year shall be the final payment and shall not be settled to actual costs.  Effective for services delivered on or after the first day of the hospital's fiscal year ending in 2016, the rate for outpatient hospital services shall be computed using information from each hospital's Medicare cost report as filed with Medicare for the year that is two years before the year that the rate is being computed.  Rates shall be computed using information from Worksheet C series until the department finalizes the medical assistance cost reporting process for critical access hospitals.  After the cost reporting process is finalized, rates shall be computed using information from Title XIX Worksheet D series.  The outpatient rate shall be equal to ancillary cost plus outpatient cost, excluding costs related to rural health clinics and federally qualified health clinics, divided by ancillary charges plus outpatient charges, excluding charges related to rural health clinics and federally qualified health clinics.

 

(c) Effective for services provided on or after July 1, 2003, rates that are based on the Medicare outpatient prospective payment system shall be replaced by a budget neutral prospective payment system that is derived using medical assistance data.  The commissioner shall provide a proposal to the 2003 legislature to define and implement this provision.

 

(d) For fee-for-service services provided on or after July 1, 2002, the total payment, before third-party liability and spenddown, made to hospitals for outpatient hospital facility services is reduced by .5 percent from the current statutory rate.

 

(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service services provided on or after July 1, 2003, made to hospitals for outpatient hospital facility services before third-party liability and spenddown, is reduced five percent from the current statutory rates.  Facilities defined under section 256.969, subdivision 16, are excluded from this paragraph.

 

(f) In addition to the reductions in paragraphs (d) and (e), the total payment for fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient hospital facility services before third-party liability and spenddown, is reduced three percent from the current statutory rates.  Mental health services and facilities defined under section 256.969, subdivision 16, are excluded from this paragraph.

 

EFFECTIVE DATE.  This section is effective July 1, 2017.


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Sec. 41.  [256B.7635] REIMBURSEMENT FOR EVIDENCE-BASED PUBLIC HEALTH NURSE HOME VISITS.

 

Effective for services provided on or after January 1, 2018, prenatal and postpartum follow-up home visits provided by public health nurses or registered nurses supervised by a public health nurse using evidence-based models shall be paid a minimum of $140 per visit.  Evidence-based postpartum follow-up home visits must be administered by home visiting programs that meet the United States Department of Health and Human Services criteria for evidence-based models and are identified by the commissioner of health as eligible to be implemented under the Maternal, Infant, and Early Childhood Home Visiting program.  Home visits must target mothers and their children beginning with prenatal visits through age three for the child.

 

Sec. 42.  Minnesota Statutes 2016, section 256B.766, is amended to read:

 

256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.

 

(a) Effective for services provided on or after July 1, 2009, total payments for basic care services, shall be reduced by three percent, except that for the period July 1, 2009, through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical assistance and general assistance medical care programs, prior to third-party liability and spenddown calculation.  Effective July 1, 2010, the commissioner shall classify physical therapy services, occupational therapy services, and speech-language pathology and related services as basic care services.  The reduction in this paragraph shall apply to physical therapy services, occupational therapy services, and speech‑language pathology and related services provided on or after July 1, 2010.

 

(b) Payments made to managed care plans and county-based purchasing plans shall be reduced for services provided on or after October 1, 2009, to reflect the reduction effective July 1, 2009, and payments made to the plans shall be reduced effective October 1, 2010, to reflect the reduction effective July 1, 2010.

 

(c) Effective for services provided on or after September 1, 2011, through June 30, 2013, total payments for outpatient hospital facility fees shall be reduced by five percent from the rates in effect on August 31, 2011.

 

(d) Effective for services provided on or after September 1, 2011, through June 30, 2013, total payments for ambulatory surgery centers facility fees, medical supplies and durable medical equipment not subject to a volume purchase contract, prosthetics and orthotics, renal dialysis services, laboratory services, public health nursing services, physical therapy services, occupational therapy services, speech therapy services, eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume purchase contract, and anesthesia services shall be reduced by three percent from the rates in effect on August 31, 2011.

 

(e) Effective for services provided on or after September 1, 2014, payments for ambulatory surgery centers facility fees, hospice services, renal dialysis services, laboratory services, public health nursing services, eyeglasses not subject to a volume purchase contract, and hearing aids not subject to a volume purchase contract shall be increased by three percent and payments for outpatient hospital facility fees shall be increased by three percent.  Payments made to managed care plans and county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.

 

(f) Payments for medical supplies and durable medical equipment not subject to a volume purchase contract, and prosthetics and orthotics, provided on or after July 1, 2014, through June 30, 2015, shall be decreased by .33 percent.  Payments for medical supplies and durable medical equipment not subject to a volume purchase contract, and prosthetics and orthotics, provided on or after July 1, 2015, shall be increased by three percent from the rates as determined under paragraphs (i) and (j).


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(g) Effective for services provided on or after July 1, 2015, payments for outpatient hospital facility fees, medical supplies and durable medical equipment not subject to a volume purchase contract, prosthetics and orthotics, and laboratory services to a hospital meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause (4), shall be increased by 90 percent from the rates in effect on June 30, 2015.  Payments made to managed care plans and county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.

 

(h) This section does not apply to physician and professional services, inpatient hospital services, family planning services, mental health services, dental services, prescription drugs, medical transportation, federally qualified health centers, rural health centers, Indian health services, and Medicare cost-sharing.

 

(i) Effective for services provided on or after July 1, 2015, the following categories of medical supplies and durable medical equipment shall be individually priced items:  enteral nutrition and supplies, customized and other specialized tracheostomy tubes and supplies, electric patient lifts, and durable medical equipment repair and service.  This paragraph does not apply to medical supplies and durable medical equipment subject to a volume purchase contract, products subject to the preferred diabetic testing supply program, and items provided to dually eligible recipients when Medicare is the primary payer for the item.  The commissioner shall not apply any medical assistance rate reductions to durable medical equipment as a result of Medicare competitive bidding.

 

(j) Effective for services provided on or after July 1, 2015, medical assistance payment rates for durable medical equipment, prosthetics, orthotics, or supplies shall be increased as follows:

 

(1) payment rates for durable medical equipment, prosthetics, orthotics, or supplies that were subject to the Medicare competitive bid that took effect in January of 2009 shall be increased by 9.5 percent; and

 

(2) payment rates for durable medical equipment, prosthetics, orthotics, or supplies on the medical assistance fee schedule, whether or not subject to the Medicare competitive bid that took effect in January of 2009, shall be increased by 2.94 percent, with this increase being applied after calculation of any increased payment rate under clause (1).

 

This paragraph does not apply to medical supplies and durable medical equipment subject to a volume purchase contract, products subject to the preferred diabetic testing supply program, items provided to dually eligible recipients when Medicare is the primary payer for the item, and individually priced items identified in paragraph (i).  Payments made to managed care plans and county-based purchasing plans shall not be adjusted to reflect the rate increases in this paragraph.

 

(k) Effective for nonpressure support ventilators provided on or after January 1, 2016, the rate shall be the lower of the submitted charge or the Medicare fee schedule rate.  Effective for pressure support ventilators provided on or after January 1, 2016, the rate shall be the lower of the submitted charge or 47 percent above the Medicare fee schedule rate.

 

EFFECTIVE DATE.  This section is effective retroactively from January 1, 2016.

 

Sec. 43.  [256B.90] DEFINITIONS.

 

Subdivision 1.  Generally.  For the purposes of sections 256B.90 to 256B.92, the following terms have the meanings given.

 

Subd. 2.  Commissioner.  "Commissioner" means the commissioner of human services.

 

Subd. 3.  Department.  "Department" means the Department of Human Services.


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Subd. 4.  Hospital.  "Hospital" means a public or private institution licensed as a hospital under section 144.50 that participates in medical assistance.

 

Subd. 5.  Medical assistance.  "Medical assistance" means the state's Medicaid program under title XIX of the Social Security Act and administered according to this chapter.

 

Subd. 6.  Potentially avoidable complication.  "Potentially avoidable complication" means a harmful event or negative outcome with respect to an individual, including an infection or surgical complication, that:  (1) occurs after the individual's admission to a hospital or long-term care facility; and (2) may have resulted from the care, lack of care, or treatment provided during the hospital or long-term care facility stay rather than from a natural progression of an underlying disease.

 

Subd. 7.  Potentially avoidable event.  "Potentially avoidable event" means a potentially avoidable complication, potentially avoidable readmission, or a combination of those events.

 

Subd. 8.  Potentially avoidable readmission.  "Potentially avoidable readmission" means a return hospitalization of an individual within a period specified by the commissioner that may have resulted from deficiencies in the care or treatment provided to the individual during a previous hospital stay or from deficiencies in posthospital discharge follow-up.  Potentially avoidable readmission does not include a hospital readmission necessitated by the occurrence of unrelated events after the discharge.  Potentially avoidable readmission includes the readmission of an individual to a hospital for:  (1) the same condition or procedure for which the individual was previously admitted; (2) an infection or other complication resulting from care previously provided; or (3) a condition or procedure that indicates that a surgical intervention performed during a previous admission was unsuccessful in achieving the anticipated outcome.

 

Sec. 44.  [256B.91] MEDICAL ASSISTANCE OUTCOMES-BASED PAYMENT PROGRAM.

 

Subdivision 1.  Generally.  The commissioner must establish and implement a medical assistance outcomes‑based payment program as a hospital outcomes program under section 256B.92 to provide hospitals with information and incentives to reduce potentially avoidable events.

 

Subd. 2.  Potentially avoidable event methodology.  (a) The commissioner shall issue a request for proposals to select a methodology for identifying potentially avoidable events and for the costs associated with these events, and for measuring hospital performance with respect to these events.

 

(b) The commissioner shall develop definitions for each potentially avoidable event according to the selected methodology.

 

(c) To the extent possible, the methodology shall be one that has been used by other title XIX programs under the Social Security Act or by commercial payers in health care outcomes performance measurement and in outcome‑based payment programs.  The methodology shall be open, transparent, and available for review by the public.

 

Subd. 3.  Medical assistance system waste.  (a) The commissioner must conduct a comprehensive analysis of relevant state databases to identify waste in the medical assistance system.

 

(b) The analysis must identify instances of potentially avoidable events in medical assistance, and the costs associated with these events.  The overall estimate of waste must be broken down into actionable categories including but not limited to regions, hospitals, MCOs, physicians, service lines, diagnosis-related groups, medical conditions and procedures, patient characteristics, provider characteristics, and medical assistance program type.

 

(c) Information collected from this analysis must be utilized in hospital outcomes programs described in this section.


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Sec. 45.  [256B.92] HOSPITAL OUTCOMES PROGRAM.

 

Subdivision 1.  Generally.  The hospital outcomes program shall:

 

(1) target reduction of potentially avoidable readmissions and complications;

 

(2) apply to all state acute care hospitals participating in medical assistance.  Program adjustments may be made for certain types of hospitals; and

 

(3) be implemented in two phases:  performance reporting and outcomes-based financial incentives.

 

Subd. 2.  Phase 1; performance reporting.  (a) The commissioner shall develop and maintain a reporting system to provide each hospital in Minnesota with regular confidential reports regarding the hospital's performance for potentially avoidable readmissions and potentially avoidable complications.

 

(b) The commissioner shall:

 

(1) conduct ongoing analyses of relevant state claims databases to identify instances of potentially avoidable readmissions and potentially avoidable complications, and the expenditures associated with these events;

 

(2) create or locate state readmission and complications norms;

 

(3) measure actual-to-expected hospital performance compared to state norms;

 

(4) compare hospitals with peers using risk adjustment procedures that account for the severity of illness of each hospital's patients;

 

(5) distribute reports to hospitals to provide actionable information to create policies, contracts, or programs designed to improve target outcomes; and

 

(6) foster collaboration among hospitals to share best practices.

 

(c) A hospital may share the information contained in the outcome performance reports with physicians and other health care providers providing services at the hospital to foster coordination and cooperation in the hospital's outcome improvement and waste reduction initiatives.

 

Subd. 3.  Phase 2; outcomes-based financial incentives.  Twelve months after implementation of performance reporting under subdivision 2, the commissioner must establish financial incentives for a hospital to reduce potentially avoidable readmissions and potentially avoidable complications.

 

Subd. 4.  Rate adjustment methodology.  (a) The commissioner must adjust the reimbursement that a hospital receives under the All Patients Refined Diagnosis-Related Group inpatient prospective payment system based on the hospital's performance exceeding, or failing to achieve, outcome results based on the rates of potentially avoidable readmissions and potentially avoidable complications.

 

(b) The rate adjustment methodology must:

 

(1) apply to each hospital discharge;

 

(2) determine a hospital-specific potentially avoidable outcome adjustment factor based on the hospital's actual versus expected risk-adjusted performance compared to the state norm;


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(3) be based on a retrospective analysis of performance prospectively applied;

 

(4) include both rewards and penalties; and

 

(5) be communicated to a hospital in a clear and transparent manner.

 

Subd. 5.  Amendment of contracts.  The commissioner must amend contracts with participating hospitals as necessary to incorporate the financial incentives established under this section.

 

Subd. 6.  Budget neutrality.  The hospital outcomes program shall be implemented in a budget-neutral manner with respect to aggregate Medicaid hospital expenditures.

 

Sec. 46.  Minnesota Statutes 2016, section 256L.15, subdivision 2, is amended to read:

 

Subd. 2.  Sliding fee scale; monthly individual or family income.  (a) The commissioner shall establish a sliding fee scale to determine the percentage of monthly individual or family income that households at different income levels must pay to obtain coverage through the MinnesotaCare program.  The sliding fee scale must be based on the enrollee's monthly individual or family income.

 

(b) Beginning January 1, 2014 October 1, 2017, MinnesotaCare enrollees shall pay premiums according to the premium scale specified in paragraph (d).

 

(c) Paragraph (b) does not apply to:

 

(1) children 20 years of age or younger; and

 

(2) individuals with household incomes below 35 percent of the federal poverty guidelines.

 

(d) The following premium scale is established for each individual in the household who is 21 years of age or older and enrolled in MinnesotaCare:

 

Federal Poverty Guideline Greater than or Equal to

Less than

Individual Premium Amount

 

 

35%

 

55%

 

$4 $5

 

55%

 

80%

 

$6 $7

 

80%

 

90%

 

$8 $11

 

90%

 

100%

 

$10 $12

 

100%

 

110%

 

$12 $13

 

110%

 

120%

 

$14 $15

 

120%

 

130%

 

$15 $16

 

130%

 

140%

 

$16 $18

 

140%

 

150%

 

$25 $32

 

150%

 

160%

 

$29 $40

 

160%

 

170%

 

$33 $48

 

170%

 

180%

 

$38 $56

 

180%

 

190%

 

$43 $65

 

190%

 

 

 

$50 $75

 

200%

 

 

 

$85

 


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Sec. 47.  CAPITATION PAYMENT DELAY.

 

(a) The commissioner of human services shall delay $135,000,000 of the medical assistance and MinnesotaCare capitation payment to managed care plans and county-based purchasing plans due in May 2019 and the payment due in April 2019 for special needs basic care until July 1, 2019.  The payment shall be made no earlier than July 1, 2019, and no later than July 31, 2019.

 

(b) The commissioner of human services shall delay $135,000,000 of the medical assistance and MinnesotaCare capitation payment to managed care plans and county-based purchasing plans due in the second quarter of calendar year 2021 and the April 2021 payment for special needs basic care until July 1, 2021.  The payment shall be made no earlier than July 1, 2021, and no later than July 31, 2021.

 

Sec. 48.  CHILDREN'S MENTAL HEALTH REPORT AND RECOMMENDATIONS.

 

The commissioner of human services shall conduct a comprehensive analysis of Minnesota's continuum of intensive mental health services and shall develop recommendations for a sustainable and community-driven continuum of care for children with serious mental health needs, including children currently being served in residential treatment.  The commissioner's analysis shall include, but not be limited to:

 

(1) data related to access, utilization, efficacy, and outcomes for Minnesota's current system of residential mental health treatment for a child with a severe emotional disturbance;

 

(2) potential expansion of the state's psychiatric residential treatment facility (PRTF) capacity, including increasing the number of PRTF beds and conversion of existing children's mental health residential treatment programs into PRTFs;

 

(3) the capacity need for PRTF and other group settings within the state if adequate community-based alternatives are accessible, equitable, and effective statewide;

 

(4) recommendations for expanding alternative community-based service models to meet the needs of a child with a serious mental health disorder who would otherwise require residential treatment and potential service models that could be utilized, including data related to access, utilization, efficacy, and outcomes;

 

(5) models of care used in other states; and

 

(6) analysis and specific recommendations for the design and implementation of new service models, including analysis to inform rate setting as necessary.

 

The analysis shall be supported and informed by extensive stakeholder engagement.  Stakeholders include individuals who receive services, family members of individuals who receive services, providers, counties, health plans, advocates, and others.  Stakeholder engagement shall include interviews with key stakeholders, intentional outreach to individuals who receive services and the individual's family members, and regional listening sessions.

 

The commissioner shall provide a report with specific recommendations and timelines for implementation to the legislative committees with jurisdiction over children's mental health policy and finance by November 15, 2018.

 

Sec. 49.  ENCOUNTER REPORTING OF 340B ELIGIBLE DRUGS.

 

(a) The commissioner of human services, in consultation with federally qualified health centers, managed care organizations, and contract pharmacies shall develop a report on the feasibility of a process to identify and report at point of sale the 340B drugs that are dispensed to enrollees of managed care organizations who are patients of a federally qualified health center to exclude these claims from the Medicaid drug rebate program and ensure that duplicate discounts for drugs do not occur.


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(b) By January 1, 2018, the commissioner shall present the report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over medical assistance.

 

Sec. 50.  RATE-SETTING ANALYSIS REPORT.

 

The commissioner of human services shall conduct a comprehensive analysis report of the current rate-setting methodology for outpatient, professional, and physician services that do not have a cost-based, federally mandated, or contracted rate.  The report shall include recommendations for changes to the existing fee schedule that utilizes the Resource-Based Relative Value System (RBRVS), and alternate payment methodologies for services that do not have relative values, to simplify the fee for service medical assistance rate structure and to improve consistency and transparency.  In developing the report, the commissioner shall consult with outside experts in Medicaid financing.  The commissioner shall provide a report on the analysis to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services finance by November 1, 2019.

 

Sec. 51.  STUDY OF PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT AND SUPPLIES.

 

The commissioner of human services shall study the impact of basing medical assistance payment for durable medical equipment and medical supplies on Medicare payment rates, as limited by the payment provisions in the 21st Century Cures Act, Public Law 114-255, on access by medical assistance enrollees to these items.  The study must include recommendations for ensuring and improving access by medical assistance enrollees to durable medical equipment and medical supplies.  The commissioner shall report study results and recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance by February 1, 2018.

 

Sec. 52.  FEDERAL APPROVAL.

 

The commissioner of human services shall request any federal waivers and approvals necessary to allow the state to retain federal funds accruing in the state's basic health program trust fund, and expend those funds for purposes other than those specified in Code of Federal Regulations, title 42, part 600.705.  The commissioner shall report any federal action regarding this request to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 53.  FEDERAL WAIVER OR APPROVAL.

 

The commissioner of human services shall seek any federal waiver or approval necessary to implement Minnesota Statutes, section 256B.0644.

 

ARTICLE 2

CONTINUING CARE

 

Section 1.  Minnesota Statutes 2016, section 144.0724, subdivision 6, is amended to read:

 

Subd. 6.  Penalties for late or nonsubmission.  (a) A facility that fails to complete or submit an assessment according to subdivisions 4 and 5 for a RUG-IV classification within seven days of the time requirements listed in the Long-Term Care Facility Resident Assessment Instrument User's Manual is subject to a reduced rate for that resident.  The reduced rate shall be the lowest rate for that facility.  The reduced rate is effective on the day of admission for new admission assessments, on the ARD for significant change in status assessments, or on the day that the assessment was due for all other assessments and continues in effect until the first day of the month following the date of submission and acceptance of the resident's assessment.


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(b) If loss of revenue due to penalties incurred by a facility for any period of 92 days are equal to or greater than 1.0 0.1 percent of the total operating costs on the facility's most recent annual statistical and cost report, a facility may apply to the commissioner of human services for a reduction in the total penalty amount.  The commissioner of human services, in consultation with the commissioner of health, may, at the sole discretion of the commissioner of human services, limit the penalty for residents covered by medical assistance to 15 ten days.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 2.  Minnesota Statutes 2016, section 144.562, subdivision 2, is amended to read:

 

Subd. 2.  Eligibility for license condition.  (a) A hospital is not eligible to receive a license condition for swing beds unless (1) it either has a licensed bed capacity of less than 50 beds defined in the federal Medicare regulations, Code of Federal Regulations, title 42, section 482.66, or it has a licensed bed capacity of 50 beds or more and has swing beds that were approved for Medicare reimbursement before May 1, 1985, or it has a licensed bed capacity of less than 65 beds and the available nursing homes within 50 miles have had, in the aggregate, an average occupancy rate of 96 percent or higher in the most recent two years as documented on the statistical reports to the Department of Health; and (2) it is located in a rural area as defined in the federal Medicare regulations, Code of Federal Regulations, title 42, section 482.66.

 

(b) Except for those critical access hospitals established under section 144.1483, clause (9), and section 1820 of the federal Social Security Act, United States Code, title 42, section 1395i-4, that have an attached nursing home or that owned a nursing home located in the same municipality as of May 1, 2005, eligible hospitals are allowed a total of 2,000 days of swing bed use per year.  Critical access hospitals that have an attached nursing home or that owned a nursing home located in the same municipality as of May 1, 2005, are allowed swing bed use as provided in federal law.

 

(c) Except for critical access hospitals that have an attached nursing home or that owned a nursing home located in the same municipality as of May 1, 2005, the commissioner of health may approve swing bed use beyond 2,000 days as long as there are no Medicare certified skilled nursing facility beds available within 25 miles of that hospital that are willing to admit the patient and the patient agrees to the referral being sent to the skilled nursing facility.  Critical access hospitals exceeding 2,000 swing bed days must maintain documentation that they have contacted skilled nursing facilities within 25 miles to determine if any skilled nursing facility beds are available that are willing to admit the patient and the patient agrees to the referral being sent to the skilled nursing facility.

 

(d) After reaching 2,000 days of swing bed use in a year, an eligible hospital to which this limit applies may admit six additional patients to swing beds each year without seeking approval from the commissioner or being in violation of this subdivision.  These six swing bed admissions are exempt from the limit of 2,000 annual swing bed days for hospitals subject to this limit.

 

(e) A health care system that is in full compliance with this subdivision may allocate its total limit of swing bed days among the hospitals within the system, provided that no hospital in the system without an attached nursing home may exceed 2,000 swing bed days per year.

 

Sec. 3.  Minnesota Statutes 2016, section 144A.74, is amended to read:

 

144A.74 MAXIMUM CHARGES.

 

A supplemental nursing services agency must not bill or receive payments from a nursing home licensed under this chapter at a rate higher than 150 percent of the sum of the weighted average wage rate, plus a factor determined by the commissioner to incorporate payroll taxes as defined in Minnesota Rules, part 9549.0020, subpart 33 section 256R.02, subdivision 37, for the applicable employee classification for the geographic group to which the nursing


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home is assigned under Minnesota Rules, part 9549.0052.  The weighted average wage rates must be determined by the commissioner of human services and reported to the commissioner of health on an annual basis.  Wages are defined as hourly rate of pay and shift differential, including weekend shift differential and overtime.  Facilities shall provide information necessary to determine weighted average wage rates to the commissioner of human services in a format requested by the commissioner.  The maximum rate must include all charges for administrative fees, contract fees, or other special charges in addition to the hourly rates for the temporary nursing pool personnel supplied to a nursing home.  A nursing home that pays for the actual travel and housing costs for supplemental nursing services agency staff working at the facility and that pays these costs to the employee, the agency, or another vendor, is not violating the limitation on charges described in this section.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 4.  Minnesota Statutes 2016, section 245D.03, subdivision 1, is amended to read:

 

Subdivision 1.  Applicability.  (a) The commissioner shall regulate the provision of home and community-based services to persons with disabilities and persons age 65 and older pursuant to this chapter.  The licensing standards in this chapter govern the provision of basic support services and intensive support services.

 

(b) Basic support services provide the level of assistance, supervision, and care that is necessary to ensure the health and welfare of the person and do not include services that are specifically directed toward the training, treatment, habilitation, or rehabilitation of the person.  Basic support services include:

 

(1) in-home and out-of-home respite care services as defined in section 245A.02, subdivision 15, and under the brain injury, community alternative care, community access for disability inclusion, developmental disability, and elderly waiver plans, excluding out-of-home respite care provided to children in a family child foster care home licensed under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care license holder complies with the requirements under section 245D.06, subdivisions 5, 6, 7, and 8, or successor provisions; and section 245D.061 or successor provisions, which must be stipulated in the statement of intended use required under Minnesota Rules, part 2960.3000, subpart 4;

 

(2) adult companion services as defined under the brain injury, community access for disability inclusion, and elderly waiver plans, excluding adult companion services provided under the Corporation for National and Community Services Senior Companion Program established under the Domestic Volunteer Service Act of 1973, Public Law 98-288;

 

(3) personal support as defined under the developmental disability waiver plan;

 

(4) 24-hour emergency assistance, personal emergency response as defined under the community access for disability inclusion and developmental disability waiver plans;

 

(5) night supervision services as defined under the brain injury waiver plan; and

 

(6) homemaker services as defined under the community access for disability inclusion, brain injury, community alternative care, developmental disability, and elderly waiver plans, excluding providers licensed by the Department of Health under chapter 144A and those providers providing cleaning services only.

 

(c) Intensive support services provide assistance, supervision, and care that is necessary to ensure the health and welfare of the person and services specifically directed toward the training, habilitation, or rehabilitation of the person.  Intensive support services include:


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(1) intervention services, including:

 

(i) behavioral support services as defined under the brain injury and community access for disability inclusion waiver plans;

 

(ii) in-home or out-of-home crisis respite services as defined under the developmental disability waiver plan; and

 

(iii) specialist services as defined under the current developmental disability waiver plan;

 

(2) in-home support services, including:

 

(i) in-home family support and supported living services as defined under the developmental disability waiver plan;

 

(ii) independent living services training as defined under the brain injury and community access for disability inclusion waiver plans; and

 

(iii) semi-independent living services;

 

(3) residential supports and services, including:

 

(i) supported living services as defined under the developmental disability waiver plan provided in a family or corporate child foster care residence, a family adult foster care residence, a community residential setting, or a supervised living facility;

 

(ii) foster care services as defined in the brain injury, community alternative care, and community access for disability inclusion waiver plans provided in a family or corporate child foster care residence, a family adult foster care residence, or a community residential setting; and

 

(iii) residential services provided to more than four persons with developmental disabilities in a supervised living facility, including ICFs/DD;

 

(4) day services, including:

 

(i) structured day services as defined under the brain injury waiver plan;

 

(ii) day training and habilitation services under sections 252.41 to 252.46, and as defined under the developmental disability waiver plan; and

 

(iii) prevocational services as defined under the brain injury and community access for disability inclusion waiver plans; and

 

(5) supported employment as defined under the brain injury, developmental disability, and community access for disability inclusion waiver plans. employment exploration services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans;

 

(6) employment development services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans; and

 

(7) employment support services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans.

 

EFFECTIVE DATE.  This section is effective upon federal approval.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.


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Sec. 5.  Minnesota Statutes 2016, section 252.27, subdivision 2a, is amended to read:

 

Subd. 2a.  Contribution amount.  (a) The natural or adoptive parents of a minor child, including a child determined eligible for medical assistance without consideration of parental income, must contribute to the cost of services used by making monthly payments on a sliding scale based on income, unless the child is married or has been married, parental rights have been terminated, or the child's adoption is subsidized according to chapter 259A or through title IV-E of the Social Security Act.  The parental contribution is a partial or full payment for medical services provided for diagnostic, therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care services as defined in United States Code, title 26, section 213, needed by the child with a chronic illness or disability.

 

(b) For households with adjusted gross income equal to or greater than 275 percent of federal poverty guidelines, the parental contribution shall be computed by applying the following schedule of rates to the adjusted gross income of the natural or adoptive parents:

 

(1) if the adjusted gross income is equal to or greater than 275 percent of federal poverty guidelines and less than or equal to 545 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 2.23 1.6725 percent of adjusted gross income at 275 percent of federal poverty guidelines and increases to 6.08 4.56 percent of adjusted gross income for those with adjusted gross income up to 545 percent of federal poverty guidelines;

 

(2) if the adjusted gross income is greater than 545 percent of federal poverty guidelines and less than 675 percent of federal poverty guidelines, the parental contribution shall be 6.08 4.56 percent of adjusted gross income;

 

(3) if the adjusted gross income is equal to or greater than 675 percent of federal poverty guidelines and less than 975 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 6.08 4.56 percent of adjusted gross income at 675 percent of federal poverty guidelines and increases to 8.1 6.075 percent of adjusted gross income for those with adjusted gross income up to 975 percent of federal poverty guidelines; and

 

(4) if the adjusted gross income is equal to or greater than 975 percent of federal poverty guidelines, the parental contribution shall be 10.13 7.5975 percent of adjusted gross income.

 

If the child lives with the parent, the annual adjusted gross income is reduced by $2,400 prior to calculating the parental contribution.  If the child resides in an institution specified in section 256B.35, the parent is responsible for the personal needs allowance specified under that section in addition to the parental contribution determined under this section.  The parental contribution is reduced by any amount required to be paid directly to the child pursuant to a court order, but only if actually paid.

 

(c) The household size to be used in determining the amount of contribution under paragraph (b) includes natural and adoptive parents and their dependents, including the child receiving services.  Adjustments in the contribution amount due to annual changes in the federal poverty guidelines shall be implemented on the first day of July following publication of the changes.

 

(d) For purposes of paragraph (b), "income" means the adjusted gross income of the natural or adoptive parents determined according to the previous year's federal tax form, except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds have been used to purchase a home shall not be counted as income.

 

(e) The contribution shall be explained in writing to the parents at the time eligibility for services is being determined.  The contribution shall be made on a monthly basis effective with the first month in which the child receives services.  Annually upon redetermination or at termination of eligibility, if the contribution exceeded the


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cost of services provided, the local agency or the state shall reimburse that excess amount to the parents, either by direct reimbursement if the parent is no longer required to pay a contribution, or by a reduction in or waiver of parental fees until the excess amount is exhausted.  All reimbursements must include a notice that the amount reimbursed may be taxable income if the parent paid for the parent's fees through an employer's health care flexible spending account under the Internal Revenue Code, section 125, and that the parent is responsible for paying the taxes owed on the amount reimbursed.

 

(f) The monthly contribution amount must be reviewed at least every 12 months; when there is a change in household size; and when there is a loss of or gain in income from one month to another in excess of ten percent.  The local agency shall mail a written notice 30 days in advance of the effective date of a change in the contribution amount.  A decrease in the contribution amount is effective in the month that the parent verifies a reduction in income or change in household size.

 

(g) Parents of a minor child who do not live with each other shall each pay the contribution required under paragraph (a).  An amount equal to the annual court-ordered child support payment actually paid on behalf of the child receiving services shall be deducted from the adjusted gross income of the parent making the payment prior to calculating the parental contribution under paragraph (b).

 

(h) The contribution under paragraph (b) shall be increased by an additional five percent if the local agency determines that insurance coverage is available but not obtained for the child.  For purposes of this section, "available" means the insurance is a benefit of employment for a family member at an annual cost of no more than five percent of the family's annual income.  For purposes of this section, "insurance" means health and accident insurance coverage, enrollment in a nonprofit health service plan, health maintenance organization, self-insured plan, or preferred provider organization.

 

Parents who have more than one child receiving services shall not be required to pay more than the amount for the child with the highest expenditures.  There shall be no resource contribution from the parents.  The parent shall not be required to pay a contribution in excess of the cost of the services provided to the child, not counting payments made to school districts for education-related services.  Notice of an increase in fee payment must be given at least 30 days before the increased fee is due.

 

(i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if, in the 12 months prior to July 1:

 

(1) the parent applied for insurance for the child;

 

(2) the insurer denied insurance;

 

(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted a complaint or appeal, in writing, to the commissioner of health or the commissioner of commerce, or litigated the complaint or appeal; and

 

(4) as a result of the dispute, the insurer reversed its decision and granted insurance.

 

For purposes of this section, "insurance" has the meaning given in paragraph (h).

 

A parent who has requested a reduction in the contribution amount under this paragraph shall submit proof in the form and manner prescribed by the commissioner or county agency, including, but not limited to, the insurer's denial of insurance, the written letter or complaint of the parents, court documents, and the written response of the insurer approving insurance.  The determinations of the commissioner or county agency under this paragraph are not rules subject to chapter 14.


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Sec. 6.  Minnesota Statutes 2016, section 252.41, subdivision 3, is amended to read:

 

Subd. 3.  Day training and habilitation services for adults with developmental disabilities.  (a) "Day training and habilitation services for adults with developmental disabilities" means services that:

 

(1) include supervision, training, assistance, and supported employment, center-based work-related activities, or other community-integrated activities designed and implemented in accordance with the individual service and individual habilitation plans required under Minnesota Rules, parts 9525.0004 to 9525.0036, to help an adult reach and maintain the highest possible level of independence, productivity, and integration into the community; and

 

(2) are provided by a vendor licensed under sections 245A.01 to 245A.16 and 252.28, subdivision 2, to provide day training and habilitation services.

 

(b) Day training and habilitation services reimbursable under this section do not include special education and related services as defined in the Education of the Individuals with Disabilities Act, United States Code, title 20, chapter 33, section 1401, clauses (6) and (17), or vocational services funded under section 110 of the Rehabilitation Act of 1973, United States Code, title 29, section 720, as amended.

 

(c) Day training and habilitation services do not include employment exploration, employment development, or employment supports services as defined in the home and community-based services waivers for people with disabilities authorized under sections 256B.092 and 256B.49.

 

EFFECTIVE DATE.  This section is effective upon federal approval.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

 

Sec. 7.  [256.9755] CAREGIVER SUPPORT PROGRAMS.

 

Subdivision 1.  Program goals.  It is the goal of all area agencies on aging and caregiver support programs to support family caregivers of persons with Alzheimer's disease or other related dementias who are living in the community by:

 

(1) promoting caregiver support programs that serve Minnesotans in their homes and communities; and

 

(2) providing, within the limits of available funds, the caregiver support services that will enable the family caregiver to access caregiver support programs in the most cost-effective and efficient manner.

 

Subd. 2.  Authority.  The Minnesota Board on Aging shall allocate to area agencies on aging the state and federal funds which are received for the caregiver support program in a manner consistent with federal requirements.

 

Subd. 3.  Caregiver support services.  Funds allocated to an area agency on aging for caregiver support services must be used in a manner consistent with the National Family Caregiver Support Program to reach family caregivers of persons with Alzheimer's disease or related dementias.  The funds must be used to provide social, nonmedical, community-based services and activities that provide respite for caregivers and social interaction for participants.

 

Sec. 8.  Minnesota Statutes 2016, section 256B.0625, subdivision 6a, is amended to read:

 

Subd. 6a.  Home health services.  Home health services are those services specified in Minnesota Rules, part 9505.0295 and sections 256B.0651 and 256B.0653.  Medical assistance covers home health services at a recipient's home residence or in the community where normal life activities take the recipient.  Medical assistance does not cover home health services for residents of a hospital, nursing facility, or intermediate care facility, unless the


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commissioner of human services has authorized skilled nurse visits for less than 90 days for a resident at an intermediate care facility for persons with developmental disabilities, to prevent an admission to a hospital or nursing facility or unless a resident who is otherwise eligible is on leave from the facility and the facility either pays for the home health services or forgoes the facility per diem for the leave days that home health services are used.  Home health services must be provided by a Medicare certified home health agency.  All nursing and home health aide services must be provided according to sections 256B.0651 to 256B.0653.

 

Sec. 9.  Minnesota Statutes 2016, section 256B.0653, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  For the purposes of this section, the following terms have the meanings given.

 

(a) "Assessment" means an evaluation of the recipient's medical need for home health agency services by a registered nurse or appropriate therapist that is conducted within 30 days of a request.

 

(b) "Home care therapies" means occupational, physical, and respiratory therapy and speech-language pathology services provided in the home by a Medicare certified home health agency.

 

(c) "Home health agency services" means services delivered in the recipient's home residence, except as specified in section 256B.0625, by a home health agency to a recipient with medical needs due to illness, disability, or physical conditions in settings permitted under section 256B.0625, subdivision 6a.

 

(d) "Home health aide" means an employee of a home health agency who completes medically oriented tasks written in the plan of care for a recipient.

 

(e) "Home health agency" means a home care provider agency that is Medicare-certified.

 

(f) "Occupational therapy services" mean the services defined in Minnesota Rules, part 9505.0390.

 

(g) "Physical therapy services" mean the services defined in Minnesota Rules, part 9505.0390.

 

(h) "Respiratory therapy services" mean the services defined in chapter 147C.

 

(i) "Speech-language pathology services" mean the services defined in Minnesota Rules, part 9505.0390.

 

(j) "Skilled nurse visit" means a professional nursing visit to complete nursing tasks required due to a recipient's medical condition that can only be safely provided by a professional nurse to restore and maintain optimal health.

 

(k) "Store-and-forward technology" means telehomecare services that do not occur in real time via synchronous transmissions such as diabetic and vital sign monitoring.

 

(l) "Telehomecare" means the use of telecommunications technology via live, two-way interactive audiovisual technology which may be augmented by store-and-forward technology.

 

(m) "Telehomecare skilled nurse visit" means a visit by a professional nurse to deliver a skilled nurse visit to a recipient located at a site other than the site where the nurse is located and is used in combination with face-to-face skilled nurse visits to adequately meet the recipient's needs.

 

Sec. 10.  Minnesota Statutes 2016, section 256B.0653, subdivision 3, is amended to read:

 

Subd. 3.  Home health aide visits.  (a) Home health aide visits must be provided by a certified home health aide using a written plan of care that is updated in compliance with Medicare regulations.  A home health aide shall provide hands-on personal care, perform simple procedures as an extension of therapy or nursing services, and assist


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in instrumental activities of daily living as defined in section 256B.0659, including assuring that the person gets to medical appointments if identified in the written plan of care.  Home health aide visits must may be provided in the recipient's home or in the community where normal life activities take the recipient.

 

(b) All home health aide visits must have authorization under section 256B.0652.  The commissioner shall limit home health aide visits to no more than one visit per day per recipient.

 

(c) Home health aides must be supervised by a registered nurse or an appropriate therapist when providing services that are an extension of therapy.

 

Sec. 11.  Minnesota Statutes 2016, section 256B.0653, subdivision 4, is amended to read:

 

Subd. 4.  Skilled nurse visit services.  (a) Skilled nurse visit services must be provided by a registered nurse or a licensed practical nurse under the supervision of a registered nurse, according to the written plan of care and accepted standards of medical and nursing practice according to chapter 148.  Skilled nurse visit services must be ordered by a physician and documented in a plan of care that is reviewed and approved by the ordering physician at least once every 60 days.  All skilled nurse visits must be medically necessary and provided in the recipient's home residence or in the community where normal life activities take the recipient, except as allowed under section 256B.0625, subdivision 6a.

 

(b) Skilled nurse visits include face-to-face and telehomecare visits with a limit of up to two visits per day per recipient.  All visits must be based on assessed needs.

 

(c) Telehomecare skilled nurse visits are allowed when the recipient's health status can be accurately measured and assessed without a need for a face-to-face, hands-on encounter.  All telehomecare skilled nurse visits must have authorization and are paid at the same allowable rates as face-to-face skilled nurse visits.

 

(d) The provision of telehomecare must be made via live, two-way interactive audiovisual technology and may be augmented by utilizing store-and-forward technologies.  Individually identifiable patient data obtained through real-time or store-and-forward technology must be maintained as health records according to sections 144.291 to 144.298.  If the video is used for research, training, or other purposes unrelated to the care of the patient, the identity of the patient must be concealed.

 

(e) Authorization for skilled nurse visits must be completed under section 256B.0652.  A total of nine face-to-face skilled nurse visits per calendar year do not require authorization.  All telehomecare skilled nurse visits require authorization.

 

Sec. 12.  Minnesota Statutes 2016, section 256B.0653, subdivision 5, is amended to read:

 

Subd. 5.  Home care therapies.  (a) Home care therapies include the following:  physical therapy, occupational therapy, respiratory therapy, and speech and language pathology therapy services.

 

(b) Home care therapies must be:

 

(1) provided in the recipient's residence or in the community where normal life activities take the recipient after it has been determined the recipient is unable to access outpatient therapy;

 

(2) prescribed, ordered, or referred by a physician and documented in a plan of care and reviewed, according to Minnesota Rules, part 9505.0390;

 

(3) assessed by an appropriate therapist; and


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(4) provided by a Medicare-certified home health agency enrolled as a Medicaid provider agency.

 

(c) Restorative and specialized maintenance therapies must be provided according to Minnesota Rules, part 9505.0390.  Physical and occupational therapy assistants may be used as allowed under Minnesota Rules, part 9505.0390, subpart 1, item B.

 

(d) For both physical and occupational therapies, the therapist and the therapist's assistant may not both bill for services provided to a recipient on the same day.

 

Sec. 13.  Minnesota Statutes 2016, section 256B.0653, subdivision 6, is amended to read:

 

Subd. 6.  Noncovered home health agency services.  The following are not eligible for payment under medical assistance as a home health agency service:

 

(1) telehomecare skilled nurses services that is communication between the home care nurse and recipient that consists solely of a telephone conversation, facsimile, electronic mail, or a consultation between two health care practitioners;

 

(2) the following skilled nurse visits:

 

(i) for the purpose of monitoring medication compliance with an established medication program for a recipient;

 

(ii) administering or assisting with medication administration, including injections, prefilling syringes for injections, or oral medication setup of an adult recipient, when, as determined and documented by the registered nurse, the need can be met by an available pharmacy or the recipient or a family member is physically and mentally able to self-administer or prefill a medication;

 

(iii) services done for the sole purpose of supervision of the home health aide or personal care assistant;

 

(iv) services done for the sole purpose to train other home health agency workers;

 

(v) services done for the sole purpose of blood samples or lab draw when the recipient is able to access these services outside the home; and

 

(vi) Medicare evaluation or administrative nursing visits required by Medicare;

 

(3) home health aide visits when the following activities are the sole purpose for the visit:  companionship, socialization, household tasks, transportation, and education; and

 

(4) home care therapies provided in other settings such as a clinic, day program, or as an inpatient or when the recipient can access therapy outside of the recipient's residence; and

 

(5) home health agency services without qualifying documentation of a face-to-face encounter as specified in subdivision 7.

 

Sec. 14.  Minnesota Statutes 2016, section 256B.0653, is amended by adding a subdivision to read:

 

Subd. 7.  Face-to-face encounter.  (a) A face-to-face encounter by a qualifying provider must be completed for all home health services regardless of the need for prior authorization, except when providing a onetime perinatal visit by skilled nursing.  The face-to-face encounter may occur through telemedicine as defined in section


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256B.0625, subdivision 3b.  The encounter must be related to the primary reason the recipient requires home health services and must occur within the 90 days before or the 30 days after the start of services.  The face-to-face encounter may be conducted by one of the following practitioners, licensed in Minnesota:

 

(1) a physician;

 

(2) a nurse practitioner or clinical nurse specialist;

 

(3) a certified nurse midwife; or

 

(4) a physician assistant.

 

(b) The allowed nonphysician practitioner, as described in this subdivision, performing the face-to-face encounter must communicate the clinical findings of that face-to-face encounter to the ordering physician.  Those clinical findings must be incorporated into a written or electronic document included in the recipient's medical record.  To assure clinical correlation between the face-to-face encounter and the associated home health services, the physician responsible for ordering the services must:

 

(1) document that the face-to-face encounter, which is related to the primary reason the recipient requires home health services, occurred within the required time period; and

 

(2) indicate the practitioner who conducted the encounter and the date of the encounter.

 

(c) For home health services requiring authorization, including prior authorization, home health agencies must retain the qualifying documentation of a face-to-face encounter as part of the recipient health service record, and submit the qualifying documentation to the commissioner or the commissioner's designee upon request.

 

Sec. 15.  Minnesota Statutes 2016, section 256B.431, subdivision 30, is amended to read:

 

Subd. 30.  Bed layaway and delicensure.  (a) For rate years beginning on or after July 1, 2000, a nursing facility reimbursed under this section which has placed beds on layaway shall, for purposes of application of the downsizing incentive in subdivision 3a, paragraph (c), and calculation of the rental per diem, have those beds given the same effect as if the beds had been delicensed so long as the beds remain on layaway.  At the time of a layaway, a facility may change its single bed election for use in calculating capacity days under Minnesota Rules, part 9549.0060, subpart 11.  The property payment rate increase shall be effective the first day of the month of January or July, whichever occurs first following the month date in which the layaway of the beds becomes effective under section 144A.071, subdivision 4b.

 

(b) For rate years beginning on or after July 1, 2000, notwithstanding any provision to the contrary under section 256B.434, a nursing facility reimbursed under that section which has placed beds on layaway shall, for so long as the beds remain on layaway, be allowed to:

 

(1) aggregate the applicable investment per bed limits based on the number of beds licensed immediately prior to entering the alternative payment system;

 

(2) retain or change the facility's single bed election for use in calculating capacity days under Minnesota Rules, part 9549.0060, subpart 11; and

 

(3) establish capacity days based on the number of beds immediately prior to the layaway and the number of beds after the layaway.


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The commissioner shall increase the facility's property payment rate by the incremental increase in the rental per diem resulting from the recalculation of the facility's rental per diem applying only the changes resulting from the layaway of beds and clauses (1), (2), and (3).  If a facility reimbursed under section 256B.434 completes a moratorium exception project after its base year, the base year property rate shall be the moratorium project property rate.  The base year rate shall be inflated by the factors in section 256B.434, subdivision 4, paragraph (c).  The property payment rate increase shall be effective the first day of the month of January or July, whichever occurs first following the month date in which the layaway of the beds becomes effective.

 

(c) If a nursing facility removes a bed from layaway status in accordance with section 144A.071, subdivision 4b, the commissioner shall establish capacity days based on the number of licensed and certified beds in the facility not on layaway and shall reduce the nursing facility's property payment rate in accordance with paragraph (b).

 

(d) For the rate years beginning on or after July 1, 2000, notwithstanding any provision to the contrary under section 256B.434, a nursing facility reimbursed under that section, which has delicensed beds after July 1, 2000, by giving notice of the delicensure to the commissioner of health according to the notice requirements in section 144A.071, subdivision 4b, shall be allowed to:

 

(1) aggregate the applicable investment per bed limits based on the number of beds licensed immediately prior to entering the alternative payment system;

 

(2) retain or change the facility's single bed election for use in calculating capacity days under Minnesota Rules, part 9549.0060, subpart 11; and

 

(3) establish capacity days based on the number of beds immediately prior to the delicensure and the number of beds after the delicensure.

 

The commissioner shall increase the facility's property payment rate by the incremental increase in the rental per diem resulting from the recalculation of the facility's rental per diem applying only the changes resulting from the delicensure of beds and clauses (1), (2), and (3).  If a facility reimbursed under section 256B.434 completes a moratorium exception project after its base year, the base year property rate shall be the moratorium project property rate.  The base year rate shall be inflated by the factors in section 256B.434, subdivision 4, paragraph (c).  The property payment rate increase shall be effective the first day of the month of January or July, whichever occurs first following the month date in which the delicensure of the beds becomes effective.

 

(e) For nursing facilities reimbursed under this section or section 256B.434, any beds placed on layaway shall not be included in calculating facility occupancy as it pertains to leave days defined in Minnesota Rules, part 9505.0415.

 

(f) For nursing facilities reimbursed under this section or section 256B.434, the rental rate calculated after placing beds on layaway may not be less than the rental rate prior to placing beds on layaway.

 

(g) A nursing facility receiving a rate adjustment as a result of this section shall comply with section 256B.47 256R.06, subdivision 2 5.

 

(h) A facility that does not utilize the space made available as a result of bed layaway or delicensure under this subdivision to reduce the number of beds per room or provide more common space for nursing facility uses or perform other activities related to the operation of the nursing facility shall have its property rate increase calculated under this subdivision reduced by the ratio of the square footage made available that is not used for these purposes to the total square footage made available as a result of bed layaway or delicensure.


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Sec. 16.  Minnesota Statutes 2016, section 256B.434, subdivision 4, is amended to read:

 

Subd. 4.  Alternate rates for nursing facilities.  Effective for the rate years beginning on and after January 1, 2018, a nursing facility's case mix property payment rates rate for the second and subsequent years of a facility's contract under this section are the previous rate year's contract property payment rates rate plus an inflation adjustment and, for facilities reimbursed under this section or section 256B.431, an adjustment to include the cost of any increase in Health Department licensing fees for the facility taking effect on or after July 1, 2001.  The index for the inflation adjustment must be based on the change in the Consumer Price Index-All Items (United States City average) (CPI-U) forecasted by the commissioner of management and budget's national economic consultant Reports and Forecasts Division of the Department of Human Services, as forecasted in the fourth quarter of the calendar year preceding the rate year.  The inflation adjustment must be based on the 12-month period from the midpoint of the previous rate year to the midpoint of the rate year for which the rate is being determined.  For the rate years beginning on July 1, 1999, July 1, 2000, July 1, 2001, July 1, 2002, July 1, 2003, July 1, 2004, July 1, 2005, July 1, 2006, July 1, 2007, July 1, 2008, October 1, 2009, and October 1, 2010, this paragraph shall apply only to the property-related payment rate.  For the rate years beginning on October 1, 2011, October 1, 2012, October 1, 2013, October 1, 2014, October 1, 2015, January 1, 2016, and January 1, 2017, the rate adjustment under this paragraph shall be suspended.  Beginning in 2005, adjustment to the property payment rate under this section and section 256B.431 shall be effective on October 1.  In determining the amount of the property-related payment rate adjustment under this paragraph, the commissioner shall determine the proportion of the facility's rates that are property-related based on the facility's most recent cost report.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 17.  Minnesota Statutes 2016, section 256B.4913, subdivision 4a, is amended to read:

 

Subd. 4a.  Rate stabilization adjustment.  (a) For purposes of this subdivision, "implementation period" means the period beginning January 1, 2014, and ending on the last day of the month in which the rate management system is populated with the data necessary to calculate rates for substantially all individuals receiving home and community-based waiver services under sections 256B.092 and 256B.49.  "Banding period" means the time period beginning on January 1, 2014, and ending upon the expiration of the 12-month period defined in paragraph (c), clause (5).

 

(b) For purposes of this subdivision, the historical rate for all service recipients means the individual reimbursement rate for a recipient in effect on December 1, 2013, except that:

 

(1) for a day service recipient who was not authorized to receive these waiver services prior to January 1, 2014; added a new service or services on or after January 1, 2014; or changed providers on or after January 1, 2014, the historical rate must be the weighted average authorized rate for the provider number in the county of service, effective December 1, 2013; or

 

(2) for a unit-based service with programming or a unit-based service without programming recipient who was not authorized to receive these waiver services prior to January 1, 2014; added a new service or services on or after January 1, 2014; or changed providers on or after January 1, 2014, the historical rate must be the weighted average authorized rate for each provider number in the county of service, effective December 1, 2013; or

 

(3) for residential service recipients who change providers on or after January 1, 2014, the historical rate must be set by each lead agency within their county aggregate budget using their respective methodology for residential services effective December 1, 2013, for determining the provider rate for a similarly situated recipient being served by that provider.


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(c) The commissioner shall adjust individual reimbursement rates determined under this section so that the unit rate is no higher or lower than:

 

(1) 0.5 percent from the historical rate for the implementation period;

 

(2) 0.5 percent from the rate in effect in clause (1), for the 12-month period immediately following the time period of clause (1);

 

(3) 0.5 percent from the rate in effect in clause (2), for the 12-month period immediately following the time period of clause (2);

 

(4) 1.0 percent from the rate in effect in clause (3), for the 12-month period immediately following the time period of clause (3);

 

(5) 1.0 percent from the rate in effect in clause (4), for the 12-month period immediately following the time period of clause (4); and

 

(6) no adjustment to the rate in effect in clause (5) for the 12-month period immediately following the time period of clause (5).  During this banding rate period, the commissioner shall not enforce any rate decrease or increase that would otherwise result from the end of the banding period.  The commissioner shall, upon enactment, seek federal approval for the addition of this banding period.

 

(d) The commissioner shall review all changes to rates that were in effect on December 1, 2013, to verify that the rates in effect produce the equivalent level of spending and service unit utilization on an annual basis as those in effect on October 31, 2013.

 

(e) By December 31, 2014, the commissioner shall complete the review in paragraph (d), adjust rates to provide equivalent annual spending, and make appropriate adjustments.

 

(f) During the banding period, the Medicaid Management Information System (MMIS) service agreement rate must be adjusted to account for change in an individual's need.  The commissioner shall adjust the Medicaid Management Information System (MMIS) service agreement rate by:

 

(1) calculating a service rate under section 256B.4914, subdivision 6, 7, 8, or 9, for the individual with variables reflecting the level of service in effect on December 1, 2013;

 

(2) calculating a service rate under section 256B.4914, subdivision 6, 7, 8, or 9, for the individual with variables reflecting the updated level of service at the time of application; and

 

(3) adding to or subtracting from the Medicaid Management Information System (MMIS) service agreement rate, the difference between the values in clauses (1) and (2).

 

(g) This subdivision must not apply to rates for recipients served by providers new to a given county after January 1, 2014.  Providers of personal supports services who also acted as fiscal support entities must be treated as new providers as of January 1, 2014.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 18.  Minnesota Statutes 2016, section 256B.4913, is amended by adding a subdivision to read:

 

Subd. 7.  New services.  (a) A service added to section 256B.4914 after January 1, 2014, is not subject to rate stabilization adjustment in this section.

 

(b) Employment support services authorized after January 1, 2018, under the new employment support services definition according to the home and community-based services waivers for people with disabilities under sections 256B.092 and 256B.49 are not subject to rate stabilization adjustment in this section.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 19.  Minnesota Statutes 2016, section 256B.4914, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  (a) For purposes of this section, the following terms have the meanings given them, unless the context clearly indicates otherwise.

 

(b) "Commissioner" means the commissioner of human services.

 

(c) "Component value" means underlying factors that are part of the cost of providing services that are built into the waiver rates methodology to calculate service rates.

 

(d) "Customized living tool" means a methodology for setting service rates that delineates and documents the amount of each component service included in a recipient's customized living service plan.

 

(e) "Disability waiver rates system" means a statewide system that establishes rates that are based on uniform processes and captures the individualized nature of waiver services and recipient needs.

 

(f) "Individual staffing" means the time spent as a one-to-one interaction specific to an individual recipient by staff to provide direct support and assistance with activities of daily living, instrumental activities of daily living, and training to participants, and is based on the requirements in each individual's coordinated service and support plan under section 245D.02, subdivision 4b; any coordinated service and support plan addendum under section 245D.02, subdivision 4c; and an assessment tool.  Provider observation of an individual's needs must also be considered.

 

(g) "Lead agency" means a county, partnership of counties, or tribal agency charged with administering waivered services under sections 256B.092 and 256B.49.

 

(h) "Median" means the amount that divides distribution into two equal groups, one-half above the median and one-half below the median.

 

(i) "Payment or rate" means reimbursement to an eligible provider for services provided to a qualified individual based on an approved service authorization.

 

(j) "Rates management system" means a Web-based software application that uses a framework and component values, as determined by the commissioner, to establish service rates.

 

(k) "Recipient" means a person receiving home and community-based services funded under any of the disability waivers.

 

(l) "Shared staffing" means time spent by employees, not defined under paragraph (f), providing or available to provide more than one individual with direct support and assistance with activities of daily living as defined under section 256B.0659, subdivision 1, paragraph (b); instrumental activities of daily living as defined under section


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256B.0659, subdivision 1, paragraph (i); ancillary activities needed to support individual services; and training to participants, and is based on the requirements in each individual's coordinated service and support plan under section 245D.02, subdivision 4b; any coordinated service and support plan addendum under section 245D.02, subdivision 4c; an assessment tool; and provider observation of an individual's service need.  Total shared staffing hours are divided proportionally by the number of individuals who receive the shared service provisions.

 

(m) "Staffing ratio" means the number of recipients a service provider employee supports during a unit of service based on a uniform assessment tool, provider observation, case history, and the recipient's services of choice, and not based on the staffing ratios under section 245D.31.

 

(n) "Unit of service" means the following:

 

(1) for residential support services under subdivision 6, a unit of service is a day.  Any portion of any calendar day, within allowable Medicaid rules, where an individual spends time in a residential setting is billable as a day;

 

(2) for day services under subdivision 7:

 

(i) for day training and habilitation services, a unit of service is either:

 

(A) a day unit of service is defined as six or more hours of time spent providing direct services and transportation; or

 

(B) a partial day unit of service is defined as fewer than six hours of time spent providing direct services and transportation; and

 

(C) for new day service recipients after January 1, 2014, 15 minute units of service must be used for fewer than six hours of time spent providing direct services and transportation;

 

(ii) for adult day and structured day services, a unit of service is a day or 15 minutes.  A day unit of service is six or more hours of time spent providing direct services;

 

(iii) for prevocational services, a unit of service is a day or an hour.  A day unit of service is six or more hours of time spent providing direct service;

 

(3) for unit-based services with programming under subdivision 8:

 

(i) for supported living services, a unit of service is a day or 15 minutes.  When a day rate is authorized, any portion of a calendar day where an individual receives services is billable as a day; and

 

(ii) for all other services, a unit of service is 15 minutes; and

 

(4) for unit-based services without programming under subdivision 9:

 

(i) for respite services, a unit of service is a day or 15 minutes.  When a day rate is authorized, any portion of a calendar day when an individual receives services is billable as a day; and

 

(ii) for all other services, a unit of service is 15 minutes.

 

EFFECTIVE DATE.  This section is effective upon federal approval.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.


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Sec. 20.  Minnesota Statutes 2016, section 256B.4914, subdivision 3, is amended to read:

 

Subd. 3.  Applicable services.  Applicable services are those authorized under the state's home and community‑based services waivers under sections 256B.092 and 256B.49, including the following, as defined in the federally approved home and community-based services plan:

 

(1) 24-hour customized living;

 

(2) adult day care;

 

(3) adult day care bath;

 

(4) behavioral programming;

 

(5) companion services;

 

(6) customized living;

 

(7) day training and habilitation;

 

(8) housing access coordination;

 

(9) independent living skills;

 

(10) in-home family support;

 

(11) night supervision;

 

(12) personal support;

 

(13) prevocational services;

 

(14) residential care services;

 

(15) residential support services;

 

(16) respite services;

 

(17) structured day services;

 

(18) supported employment services;

 

(19) (18) supported living services;

 

(20) (19) transportation services; and

 

(20) independent living skills specialist services;

 

(21) employment exploration services;

 

(22) employment development services;


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(23) employment support services; and

 

(21) (24) other services as approved by the federal government in the state home and community-based services plan.

 

EFFECTIVE DATE.  This section is effective upon federal approval, except clause (20) is effective January 1, 2020.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

 

Sec. 21.  Minnesota Statutes 2016, section 256B.4914, subdivision 5, is amended to read:

 

Subd. 5.  Base wage index and standard component values.  (a) The base wage index is established to determine staffing costs associated with providing services to individuals receiving home and community-based services.  For purposes of developing and calculating the proposed base wage, Minnesota-specific wages taken from job descriptions and standard occupational classification (SOC) codes from the Bureau of Labor Statistics as defined in the most recent edition of the Occupational Handbook must be used.  The base wage index must be calculated as follows:

 

(1) for residential direct care staff, the sum of:

 

(i) 15 percent of the subtotal of 50 percent of the median wage for personal and home health aide (SOC code 39‑9021); 30 percent of the median wage for nursing aide assistant(SOC code 31-1012 31-1014); and 20 percent of the median wage for social and human services aide (SOC code 21-1093); and

 

(ii) 85 percent of the subtotal of 20 percent of the median wage for home health aide (SOC code 31-1011); 20 percent of the median wage for personal and home health aide (SOC code 39-9021); 20 percent of the median wage for nursing aide assistant (SOC code 31-1012 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median wage for social and human services aide (SOC code 21-1093);

 

(2) for day services, 20 percent of the median wage for nursing aide assistant (SOC code 31-1012 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social and human services aide (SOC code 21-1093);

 

(3) for residential asleep-overnight staff, the wage will be $7.66 per hour is the minimum wage in Minnesota for large employers, except in a family foster care setting, the wage is $2.80 per hour 36 percent of the minimum wage in Minnesota for large employers;

 

(4) for behavior program analyst staff, 100 percent of the median wage for mental health counselors (SOC code 21-1014);

 

(5) for behavior program professional staff, 100 percent of the median wage for clinical counseling and school psychologist (SOC code 19-3031);

 

(6) for behavior program specialist staff, 100 percent of the median wage for psychiatric technicians (SOC code 29-2053);

 

(7) for supportive living services staff, 20 percent of the median wage for nursing aide assistant (SOC code 31‑1012 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social and human services aide (SOC code 21-1093);


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(8) for housing access coordination staff, 50 100 percent of the median wage for community and social services specialist (SOC code 21-1099); and 50 percent of the median wage for social and human services aide (SOC code 21-1093);

 

(9) for in-home family support staff, 20 percent of the median wage for nursing aide (SOC code 31-1012); 30 percent of the median wage for community social service specialist (SOC code 21-1099); 40 percent of the median wage for social and human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);

 

(10) for independent living skills staff, 40 percent of the median wage for community social service specialist (SOC code 21-1099); 50 percent of the median wage for social and human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);

 

(11) for independent living skills specialist staff, 100 percent of mental health and substance abuse social worker (SOC code 21-1023);

 

(11) (12) for supported employment supports services staff, 20 50 percent of the median wage for nursing aide rehabilitation counselor (SOC code 31-1012 21-1015); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 50 percent of the median wage for community and social and human services aide specialist (SOC code 21-1093 21-1099);

 

(13) for employment exploration services staff, 50 percent of the median wage for rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for community and social services specialist (SOC code 21‑1099);

 

(14) for employment development services staff, 50 percent of the median wage for education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent of the median wage for community and social services specialist (SOC code 21-1099);

 

(12) (15) for adult companion staff, 50 percent of the median wage for personal and home care aide (SOC code 39-9021); and 50 percent of the median wage for nursing aides, orderlies, and attendants assistant (SOC code 31‑1012 31-1014);

 

(13) (16) for night supervision staff, 20 percent of the median wage for home health aide (SOC code 31-1011); 20 percent of the median wage for personal and home health aide (SOC code 39-9021); 20 percent of the median wage for nursing aide assistant (SOC code 31-1012 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median wage for social and human services aide (SOC code 21-1093);

 

(14) (17) for respite staff, 50 percent of the median wage for personal and home care aide (SOC code 39-9021); and 50 percent of the median wage for nursing aides, orderlies, and attendants assistant (SOC code 31-1012 31‑1014);

 

(15) (18) for personal support staff, 50 percent of the median wage for personal and home care aide (SOC code 39-9021); and 50 percent of the median wage for nursing aides, orderlies, and attendants assistant (SOC code 31‑1012 31-1014);

 

(16) (19) for supervisory staff, the basic wage is $17.43 per hour with exception of the supervisor of behavior analyst and behavior specialists, which must be $30.75 per hour;

 

(17) (20) for registered nurse, the basic wage is $30.82 per hour; and


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(18) (21) for licensed practical nurse staff, the basic wage is $18.64 per hour 100 percent of the median wage for licensed practical nurses (SOC code 29-2061).

 

(b) Component values for residential support services are:

 

(1) supervisory span of control ratio:  11 percent;

 

(2) employee vacation, sick, and training allowance ratio:  8.71 percent;

 

(3) employee-related cost ratio:  23.6 percent;

 

(4) general administrative support ratio:  13.25 percent;

 

(5) program-related expense ratio:  1.3 percent; and

 

(6) absence and utilization factor ratio:  3.9 percent.

 

(c) Component values for family foster care are:

 

(1) supervisory span of control ratio:  11 percent;

 

(2) employee vacation, sick, and training allowance ratio:  8.71 percent;

 

(3) employee-related cost ratio:  23.6 percent;

 

(4) general administrative support ratio:  3.3 percent;

 

(5) program-related expense ratio:  1.3 percent; and

 

(6) absence factor:  1.7 percent.

 

(d) Component values for day services for all services are:

 

(1) supervisory span of control ratio:  11 percent;

 

(2) employee vacation, sick, and training allowance ratio:  8.71 percent;

 

(3) employee-related cost ratio:  23.6 percent;

 

(4) program plan support ratio:  5.6 percent;

 

(5) client programming and support ratio:  ten percent;

 

(6) general administrative support ratio:  13.25 percent;

 

(7) program-related expense ratio:  1.8 percent; and

 

(8) absence and utilization factor ratio:  3.9 5.9 percent.

 

(e) Component values for unit-based services with programming are:


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(1) supervisory span of control ratio:  11 percent;

 

(2) employee vacation, sick, and training allowance ratio:  8.71 percent;

 

(3) employee-related cost ratio:  23.6 percent;

 

(4) program plan supports ratio:  3.1 15.5 percent;

 

(5) client programming and supports ratio:  8.6 4.7 percent;

 

(6) general administrative support ratio:  13.25 percent;

 

(7) program-related expense ratio:  6.1 percent; and

 

(8) absence and utilization factor ratio:  3.9 percent.

 

(f) Component values for unit-based services without programming except respite are:

 

(1) supervisory span of control ratio:  11 percent;

 

(2) employee vacation, sick, and training allowance ratio:  8.71 percent;

 

(3) employee-related cost ratio:  23.6 percent;

 

(4) program plan support ratio:  3.1 7.0 percent;

 

(5) client programming and support ratio:  8.6 2.3 percent;

 

(6) general administrative support ratio:  13.25 percent;

 

(7) program-related expense ratio:  6.1 2.9 percent; and

 

(8) absence and utilization factor ratio:  3.9 percent.

 

(g) Component values for unit-based services without programming for respite are:

 

(1) supervisory span of control ratio:  11 percent;

 

(2) employee vacation, sick, and training allowance ratio:  8.71 percent;

 

(3) employee-related cost ratio:  23.6 percent;

 

(4) general administrative support ratio:  13.25 percent;

 

(5) program-related expense ratio:  6.1 2.9 percent; and

 

(6) absence and utilization factor ratio:  3.9 percent.

 

(h) On July 1, 2017, the commissioner shall update the base wage index in paragraph (a) based on the wage data by standard occupational code (SOC) from the Bureau of Labor Statistics available on December 31, 2016.  The commissioner shall publish these updated values and load them into the rate management system.  This adjustment


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occurs every five years.  For adjustments in 2021 and beyond, the commissioner shall use the data available on December 31 of the calendar year five years prior.  On January 1, 2022, and every two years thereafter, the commissioner shall update the base wage index in paragraph (a) based on the most recently available wage data by standard occupational code (SOC) from the Bureau of Labor Statistics.  The commissioner shall publish these updated values and load them into the rate management system.

 

(i) On July 1, 2017, the commissioner shall update the framework components in paragraphs (b) to (g) paragraph (d), clause (5); paragraph (e), clause (5); and paragraph (f), clause (5); subdivision 6, clauses (8) and (9); and subdivision 7, clauses (10), (16), and (17), for changes in the Consumer Price Index.  The commissioner will adjust these values higher or lower by the percentage change in the Consumer Price Index-All Items, United States city average (CPI‑U) from January 1, 2014, to January 1, 2017.  The commissioner shall publish these updated values and load them into the rate management system.  This adjustment occurs every five years.  For adjustments in 2021 and beyond, the commissioner shall use the data available on January 1 of the calendar year four years prior and January 1 of the current calendar year.  On January 1, 2022, and every two years thereafter, the commissioner shall update the framework components in paragraph (d), clause (5); paragraph (e), clause (5); and paragraph (f), clause (5); subdivision 6, clauses (8) and (9); and subdivision 7, clauses (10), (16), and (17), for changes in the Consumer Price Index.  The commissioner shall adjust these values higher or lower by the percentage change in the Consumer Price Index-All Items, United States city average (CPI-U) from the date of the previous update to the date of the data most recently available prior to the scheduled update.  The commissioner shall publish these updated values and load them into the rate management system.

 

(j) In this subdivision, if Bureau of Labor Statistics occupational codes or Consumer Price Index items are unavailable in the future, the commissioner shall recommend to the legislature codes or items to update and replace missing component values.

 

(k) The commissioner must ensure that wage values and component values in subdivisions 5 to 9 reflect the cost to provide the service.  As determined by the commissioner, in consultation with stakeholders identified in section 256B.4913, subdivision 5, a provider enrolled to provide services with rates determined under this section must submit business cost data to the commissioner to support research on the cost of providing services that have rates determined by the disability waiver rates system.  Required business cost data includes, but is not limited to:

 

(1) worker wage costs;

 

(2) benefits paid;

 

(3) supervisor wage costs;

 

(4) executive wage costs;

 

(5) vacation, sick, and training time paid;

 

(6) taxes, workers' compensation, and unemployment insurance costs paid;

 

(7) administrative costs paid;

 

(8) program costs paid;

 

(9) transportation costs paid;

 

(10) vacancy rates; and


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(11) other data relating to costs required to provide services requested by the commissioner.

 

(l) A provider must submit cost component data at least once in any five-year period, on a schedule determined by the commissioner, in consultation with stakeholders identified in section 256B.4913, subdivision 5.  If a provider fails to submit required reporting data, the commissioner shall provide notice to providers that have not provided required data 30 days after the required submission date, and a second notice for providers who have not provided required data 60 days after the required submission date.  The commissioner shall temporarily suspend payments to the provider if cost component data is not received 90 days after the required submission date.  Withheld payments shall be made once data is received by the commissioner.

 

(m) The commissioner shall conduct a random audit of data submitted under paragraph (k) to ensure data accuracy.  The commissioner shall analyze cost documentation in paragraph (k) and provide recommendations for adjustments to cost components.

 

(n) The commissioner shall analyze cost documentation in paragraph (k) and, in consultation with stakeholders identified in section 256B.4913, subdivision 5, may submit recommendations on component values and inflationary factor adjustments to the chairs and ranking minority members of the legislative committees with jurisdiction over human services every four years beginning January 1, 2020.  The commissioner shall make recommendations in conjunction with reports submitted to the legislature according to subdivision 10, paragraph (e).  The commissioner shall release business cost data in an aggregate form, and business cost data from individual providers shall not be released except as provided for in current law.

 

(o) The commissioner, in consultation with stakeholders identified in section 256B.4913, subdivision 5, shall develop and implement a process for providing training and technical assistance necessary to support provider submission of cost documentation required under paragraph (k).

 

EFFECTIVE DATE.  (a) The amendments to paragraphs (a) to (g) are effective January 1, 2018, except paragraph (d), clause (8), is effective January 1, 2019.

 

(b) The amendments to paragraphs (h) to (o) are effective the day following final enactment.

 

Sec. 22.  Minnesota Statutes 2016, section 256B.4914, subdivision 6, is amended to read:

 

Subd. 6.  Payments for residential support services.  (a) Payments for residential support services, as defined in sections 256B.092, subdivision 11, and 256B.49, subdivision 22, must be calculated as follows:

 

(1) determine the number of shared staffing and individual direct staff hours to meet a recipient's needs provided on site or through monitoring technology;

 

(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 5.  This is defined as the direct-care rate;

 

(3) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (2).  This is defined as the customized direct-care rate;

 

(4) multiply the number of shared and individual direct staff hours provided on site or through monitoring technology and nursing hours by the appropriate staff wages in subdivision 5, paragraph (a), or the customized direct-care rate;


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(5) multiply the number of shared and individual direct staff hours provided on site or through monitoring technology and nursing hours by the product of the supervision span of control ratio in subdivision 5, paragraph (b), clause (1), and the appropriate supervision wage in subdivision 5, paragraph (a), clause (16) (19);

 

(6) combine the results of clauses (4) and (5), excluding any shared and individual direct staff hours provided through monitoring technology, and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (b), clause (2).  This is defined as the direct staffing cost;

 

(7) for employee-related expenses, multiply the direct staffing cost, excluding any shared and individual direct staff hours provided through monitoring technology, by one plus the employee-related cost ratio in subdivision 5, paragraph (b), clause (3);

 

(8) for client programming and supports, the commissioner shall add $2,179; and

 

(9) for transportation, if provided, the commissioner shall add $1,680, or $3,000 if customized for adapted transport, based on the resident with the highest assessed need.

 

(b) The total rate must be calculated using the following steps:

 

(1) subtotal paragraph (a), clauses (7) to (9), and the direct staffing cost of any shared and individual direct staff hours provided through monitoring technology that was excluded in clause (7);

 

(2) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization ratio;

 

(3) divide the result of clause (1) by one minus the result of clause (2).  This is the total payment amount; and

 

(4) adjust the result of clause (3) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.

 

(c) The payment methodology for customized living, 24-hour customized living, and residential care services must be the customized living tool.  Revisions to the customized living tool must be made to reflect the services and activities unique to disability-related recipient needs.

 

(d) For individuals enrolled prior to January 1, 2014, the days of service authorized must meet or exceed the days of service used to convert service agreements in effect on December 1, 2013, and must not result in a reduction in spending or service utilization due to conversion during the implementation period under section 256B.4913, subdivision 4a.  If during the implementation period, an individual's historical rate, including adjustments required under section 256B.4913, subdivision 4a, paragraph (c), is equal to or greater than the rate determined in this subdivision, the number of days authorized for the individual is 365.

 

(e) The number of days authorized for all individuals enrolling after January 1, 2014, in residential services must include every day that services start and end.

 

Sec. 23.  Minnesota Statutes 2016, section 256B.4914, subdivision 7, is amended to read:

 

Subd. 7.  Payments for day programs.  Payments for services with day programs including adult day care, day treatment and habilitation, prevocational services, and structured day services must be calculated as follows:

 

(1) determine the number of units of service and staffing ratio to meet a recipient's needs:


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(i) the staffing ratios for the units of service provided to a recipient in a typical week must be averaged to determine an individual's staffing ratio; and

 

(ii) the commissioner, in consultation with service providers, shall develop a uniform staffing ratio worksheet to be used to determine staffing ratios under this subdivision;

 

(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 5;

 

(3) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (2).  This is defined as the customized direct-care rate;

 

(4) multiply the number of day program direct staff hours and nursing hours by the appropriate staff wage in subdivision 5, paragraph (a), or the customized direct-care rate;

 

(5) multiply the number of day direct staff hours by the product of the supervision span of control ratio in subdivision 5, paragraph (d), clause (1), and the appropriate supervision wage in subdivision 5, paragraph (a), clause (16) (19);

 

(6) combine the results of clauses (4) and (5), and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (d), clause (2).  This is defined as the direct staffing rate;

 

(7) for program plan support, multiply the result of clause (6) by one plus the program plan support ratio in subdivision 5, paragraph (d), clause (4);

 

(8) for employee-related expenses, multiply the result of clause (7) by one plus the employee-related cost ratio in subdivision 5, paragraph (d), clause (3);

 

(9) for client programming and supports, multiply the result of clause (8) by one plus the client programming and support ratio in subdivision 5, paragraph (d), clause (5);

 

(10) for program facility costs, add $19.30 per week with consideration of staffing ratios to meet individual needs;

 

(11) for adult day bath services, add $7.01 per 15 minute unit;

 

(12) this is the subtotal rate;

 

(13) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;

 

(14) divide the result of clause (12) by one minus the result of clause (13).  This is the total payment amount;

 

(15) adjust the result of clause (14) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services;

 

(16) for transportation provided as part of day training and habilitation for an individual who does not require a lift, add:


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(i) $10.50 for a trip between zero and ten miles for a nonshared ride in a vehicle without a lift, $8.83 for a shared ride in a vehicle without a lift, and $9.25 for a shared ride in a vehicle with a lift;

 

(ii) $15.75 for a trip between 11 and 20 miles for a nonshared ride in a vehicle without a lift, $10.58 for a shared ride in a vehicle without a lift, and $11.88 for a shared ride in a vehicle with a lift;

 

(iii) $25.75 for a trip between 21 and 50 miles for a nonshared ride in a vehicle without a lift, $13.92 for a shared ride in a vehicle without a lift, and $16.88 for a shared ride in a vehicle with a lift; or

 

(iv) $33.50 for a trip of 51 miles or more for a nonshared ride in a vehicle without a lift, $16.50 for a shared ride in a vehicle without a lift, and $20.75 for a shared ride in a vehicle with a lift;

 

(17) for transportation provided as part of day training and habilitation for an individual who does require a lift, add:

 

(i) $19.05 for a trip between zero and ten miles for a nonshared ride in a vehicle with a lift, and $15.05 for a shared ride in a vehicle with a lift;

 

(ii) $32.16 for a trip between 11 and 20 miles for a nonshared ride in a vehicle with a lift, and $28.16 for a shared ride in a vehicle with a lift;

 

(iii) $58.76 for a trip between 21 and 50 miles for a nonshared ride in a vehicle with a lift, and $58.76 for a shared ride in a vehicle with a lift; or

 

(iv) $80.93 for a trip of 51 miles or more for a nonshared ride in a vehicle with a lift, and $80.93 for a shared ride in a vehicle with a lift.

 

Sec. 24.  Minnesota Statutes 2016, section 256B.4914, subdivision 8, is amended to read:

 

Subd. 8.  Payments for unit-based services with programming.  Payments for unit-based services with programming, including behavior programming, housing access coordination, in-home family support, independent living skills training, independent living skills specialist services, hourly supported living services, employment exploration services, employment development services, and supported employment support services provided to an individual outside of any day or residential service plan must be calculated as follows, unless the services are authorized separately under subdivision 6 or 7:

 

(1) determine the number of units of service to meet a recipient's needs;

 

(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 5;

 

(3) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (2).  This is defined as the customized direct-care rate;

 

(4) multiply the number of direct staff hours by the appropriate staff wage in subdivision 5, paragraph (a), or the customized direct-care rate;

 

(5) multiply the number of direct staff hours by the product of the supervision span of control ratio in subdivision 5, paragraph (e), clause (1), and the appropriate supervision wage in subdivision 5, paragraph (a), clause (16) (19);


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(6) combine the results of clauses (4) and (5), and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (e), clause (2).  This is defined as the direct staffing rate;

 

(7) for program plan support, multiply the result of clause (6) by one plus the program plan supports ratio in subdivision 5, paragraph (e), clause (4);

 

(8) for employee-related expenses, multiply the result of clause (7) by one plus the employee-related cost ratio in subdivision 5, paragraph (e), clause (3);

 

(9) for client programming and supports, multiply the result of clause (8) by one plus the client programming and supports ratio in subdivision 5, paragraph (e), clause (5);

 

(10) this is the subtotal rate;

 

(11) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;

 

(12) divide the result of clause (10) by one minus the result of clause (11).  This is the total payment amount;

 

(13) for supported employment support services provided in a shared manner, divide the total payment amount in clause (12) by the number of service recipients, not to exceed three six.  For independent living skills training provided in a shared manner, divide the total payment amount in clause (12) by the number of service recipients, not to exceed two; and

 

(14) adjust the result of clause (13) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 25.  Minnesota Statutes 2016, section 256B.4914, subdivision 9, is amended to read:

 

Subd. 9.  Payments for unit-based services without programming.  Payments for unit-based services without programming, including night supervision, personal support, respite, and companion care provided to an individual outside of any day or residential service plan must be calculated as follows unless the services are authorized separately under subdivision 6 or 7:

 

(1) for all services except respite, determine the number of units of service to meet a recipient's needs;

 

(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;

 

(3) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (2).  This is defined as the customized direct care rate;

 

(4) multiply the number of direct staff hours by the appropriate staff wage in subdivision 5 or the customized direct care rate;

 

(5) multiply the number of direct staff hours by the product of the supervision span of control ratio in subdivision 5, paragraph (f), clause (1), and the appropriate supervision wage in subdivision 5, paragraph (a), clause (16) (19);


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(6) combine the results of clauses (4) and (5), and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (f), clause (2).  This is defined as the direct staffing rate;

 

(7) for program plan support, multiply the result of clause (6) by one plus the program plan support ratio in subdivision 5, paragraph (f), clause (4);

 

(8) for employee-related expenses, multiply the result of clause (7) by one plus the employee-related cost ratio in subdivision 5, paragraph (f), clause (3);

 

(9) for client programming and supports, multiply the result of clause (8) by one plus the client programming and support ratio in subdivision 5, paragraph (f), clause (5);

 

(10) this is the subtotal rate;

 

(11) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;

 

(12) divide the result of clause (10) by one minus the result of clause (11).  This is the total payment amount;

 

(13) for respite services, determine the number of day units of service to meet an individual's needs;

 

(14) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;

 

(15) for a recipient requiring deaf and hard-of-hearing customization under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (14).  This is defined as the customized direct care rate;

 

(16) multiply the number of direct staff hours by the appropriate staff wage in subdivision 5, paragraph (a);

 

(17) multiply the number of direct staff hours by the product of the supervisory span of control ratio in subdivision 5, paragraph (g), clause (1), and the appropriate supervision wage in subdivision 5, paragraph (a), clause (16) (19);

 

(18) combine the results of clauses (16) and (17), and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (g), clause (2).  This is defined as the direct staffing rate;

 

(19) for employee-related expenses, multiply the result of clause (18) by one plus the employee-related cost ratio in subdivision 5, paragraph (g), clause (3);

 

(20) this is the subtotal rate;

 

(21) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;

 

(22) divide the result of clause (20) by one minus the result of clause (21).  This is the total payment amount; and

 

(23) adjust the result of clauses (12) and (22) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.


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Sec. 26.  Minnesota Statutes 2016, section 256B.4914, subdivision 10, is amended to read:

 

Subd. 10.  Updating payment values and additional information.  (a) From January 1, 2014, through December 31, 2017, the commissioner shall develop and implement uniform procedures to refine terms and adjust values used to calculate payment rates in this section.

 

(b) No later than July 1, 2014, the commissioner shall, within available resources, begin to conduct research and gather data and information from existing state systems or other outside sources on the following items:

 

(1) differences in the underlying cost to provide services and care across the state; and

 

(2) mileage, vehicle type, lift requirements, incidents of individual and shared rides, and units of transportation for all day services, which must be collected from providers using the rate management worksheet and entered into the rates management system; and

 

(3) the distinct underlying costs for services provided by a license holder under sections 245D.05, 245D.06, 245D.07, 245D.071, 245D.081, and 245D.09, and for services provided by a license holder certified under section 245D.33.

 

(c) Beginning January 1, 2014, through December 31, 2018, using a statistically valid set of rates management system data, the commissioner, in consultation with stakeholders, shall analyze for each service the average difference in the rate on December 31, 2013, and the framework rate at the individual, provider, lead agency, and state levels.  The commissioner shall issue semiannual reports to the stakeholders on the difference in rates by service and by county during the banding period under section 256B.4913, subdivision 4a.  The commissioner shall issue the first report by October 1, 2014, and the final report shall be issued by December 31, 2018.

 

(d) No later than July 1, 2014, the commissioner, in consultation with stakeholders, shall begin the review and evaluation of the following values already in subdivisions 6 to 9, or issues that impact all services, including, but not limited to:

 

(1) values for transportation rates for day services;

 

(2) values for transportation rates in residential services;

 

(3) (2) values for services where monitoring technology replaces staff time;

 

(4) (3) values for indirect services;

 

(5) (4) values for nursing;

 

(6) component values for independent living skills;

 

(7) component values for family foster care that reflect licensing requirements;

 

(8) adjustments to other components to replace the budget neutrality factor;

 

(9) remote monitoring technology for nonresidential services;

 

(10) values for basic and intensive services in residential services;


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(11) (5) values for the facility use rate in day services, and the weightings used in the day service ratios and adjustments to those weightings;

 

(12) (6) values for workers' compensation as part of employee-related expenses;

 

(13) (7) values for unemployment insurance as part of employee-related expenses;

 

(14) a component value to reflect costs for individuals with rates previously adjusted for the inclusion of group residential housing rate 3 costs, only for any individual enrolled as of December 31, 2013; and

 

(15) (8) any changes in state or federal law with an a direct impact on the underlying cost of providing home and community-based services.; and

 

(9) outcome measures, determined by the commissioner, for home and community-based services rates determined under this section.

 

(e) The commissioner shall report to the chairs and the ranking minority members of the legislative committees and divisions with jurisdiction over health and human services policy and finance with the information and data gathered under paragraphs (b) to (d) on the following dates:

 

(1) January 15, 2015, with preliminary results and data;

 

(2) January 15, 2016, with a status implementation update, and additional data and summary information;

 

(3) January 15, 2017, with the full report; and

 

(4) January 15, 2019 2020, with another full report, and a full report once every four years thereafter.

 

(f) Based on the commissioner's evaluation of the information and data collected in paragraphs (b) to (d), the commissioner shall make recommendations to the legislature by January 15, 2015, to address any issues identified during the first year of implementation.  After January 15, 2015, the commissioner may make recommendations to the legislature to address potential issues.

 

(g) (f) The commissioner shall implement a regional adjustment factor to all rate calculations in subdivisions 6 to 9, effective no later than January 1, 2015.  Beginning July 1, 2017, the commissioner shall renew analysis and implement changes to the regional adjustment factors when adjustments required under subdivision 5, paragraph (h), occur.  Prior to implementation, the commissioner shall consult with stakeholders on the methodology to calculate the adjustment.

 

(h) (g) The commissioner shall provide a public notice via LISTSERV in October of each year beginning October 1, 2014, containing information detailing legislatively approved changes in:

 

(1) calculation values including derived wage rates and related employee and administrative factors;

 

(2) service utilization;

 

(3) county and tribal allocation changes; and

 

(4) information on adjustments made to calculation values and the timing of those adjustments.

 

The information in this notice must be effective January 1 of the following year.

(i) No later than July 1, 2016, the commissioner shall develop and implement, in consultation with stakeholders, a methodology sufficient to determine the shared staffing levels necessary to meet, at a minimum, health and welfare needs of individuals who will be living together in shared residential settings, and the required shared staffing activities described in subdivision 2, paragraph (l).  This determination methodology must ensure staffing levels are adaptable to meet the needs and desired outcomes for current and prospective residents in shared residential settings.


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(j) (h) When the available shared staffing hours in a residential setting are insufficient to meet the needs of an individual who enrolled in residential services after January 1, 2014, or insufficient to meet the needs of an individual with a service agreement adjustment described in section 256B.4913, subdivision 4a, paragraph (f), then individual staffing hours shall be used.

 

(i) The commissioner shall study the underlying cost of absence and utilization for day services.  Based on the commissioner's evaluation of the data collected under this paragraph, the commissioner shall make recommendations to the legislature by January 15, 2018, for changes, if any, to the absence and utilization factor ratio component value for day services.

 

(j) Beginning July 1, 2017, the commissioner shall collect transportation and trip information for all day services through the rates management system.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 27.  Minnesota Statutes 2016, section 256B.50, subdivision 1b, is amended to read:

 

Subd. 1b.  Filing an appeal.  To appeal, the provider shall file with the commissioner a written notice of appeal; the appeal must be postmarked or received by the commissioner within 60 days of the publication date the determination of the payment rate was mailed or personally received by a provider, whichever is earlier printed on the rate notice.  The notice of appeal must specify each disputed item; the reason for the dispute; the total dollar amount in dispute for each separate disallowance, allocation, or adjustment of each cost item or part of a cost item; the computation that the provider believes is correct; the authority in statute or rule upon which the provider relies for each disputed item; the name and address of the person or firm with whom contacts may be made regarding the appeal; and other information required by the commissioner.

 

Sec. 28.  Minnesota Statutes 2016, section 256B.5012, is amended by adding a subdivision to read:

 

Subd. 3a.  Therapeutic leave days.  Notwithstanding Minnesota Rules, part 9505.0415, subpart 7, a vacant bed in an intermediate care facility for persons with developmental disabilities shall be counted as a reserved bed when determining occupancy rates and eligibility for payment of a therapeutic leave day.

 

Sec. 29.  Minnesota Statutes 2016, section 256B.5012, is amended by adding a subdivision to read:

 

Subd. 17.  ICF/DD rate increase effective July 1, 2017; Murray County.  Effective July 1, 2017, the daily rate for an intermediate care facility for persons with developmental disabilities located in Murray County that is classified as a class B facility and licensed for 14 beds is $400.  This increase is in addition to any other increase that is effective on July 1, 2017.

 

Sec. 30.  Minnesota Statutes 2016, section 256C.23, is amended by adding a subdivision to read:

 

Subd. 1a.  Culturally affirmative.  "Culturally affirmative" describes services that are designed and delivered within the context of the culture, language, and life experiences of a person who is deaf, a person who is deafblind, and a person who is hard-of-hearing.

 

Sec. 31.  Minnesota Statutes 2016, section 256C.23, subdivision 2, is amended to read:

 

Subd. 2.  Deaf.  "Deaf" means a hearing loss of such severity that the individual must depend primarily on visual communication such as American Sign Language or other signed language, visual and manual means of communication such as signing systems in English or Cued Speech, writing, lip speech reading, manual communication, and gestures.


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Sec. 32.  Minnesota Statutes 2016, section 256C.23, is amended by adding a subdivision to read:

 

Subd. 2c.  Interpreting services.  "Interpreting services" means services that include:

 

(1) interpreting between a spoken language, such as English, and a visual language, such as American Sign Language;

 

(2) interpreting between a spoken language and a visual representation of a spoken language, such as Cued Speech and signing systems in English;

 

(3) interpreting within one language where the interpreter uses natural gestures and silently repeats the spoken message, replacing some words or phrases to give higher visibility on the lips;

 

(4) interpreting using low vision or tactile methods for persons who have a combined hearing and vision loss or are deafblind; and

 

(5) interpreting from one communication mode or language into another communication mode or language that is linguistically and culturally appropriate for the participants in the communication exchange.

 

Sec. 33.  Minnesota Statutes 2016, section 256C.23, is amended by adding a subdivision to read:

 

Subd. 6.  Real-time captioning.  "Real-time captioning" means a method of captioning in which a caption is simultaneously prepared and displayed or transmitted at the time of origination by specially trained real-time captioners.

 

Sec. 34.  Minnesota Statutes 2016, section 256C.233, subdivision 1, is amended to read:

 

Subdivision 1.  Deaf and Hard-of-Hearing Services Division.  The commissioners of human services, education, employment and economic development, and health shall create a distinct and separate organizational unit to be known as advise the commissioner of human services on the activities of the Deaf and Hard-of-Hearing Services Division to address.  This division addresses the developmental, social, educational, and occupational and social-emotional needs of persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing persons through a statewide network of collaborative services and by coordinating the promulgation of public policies, regulations, legislation, and programs affecting advocates on behalf of and provides information and training about how to best serve persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing persons.  An interdepartmental management team shall advise the activities of the Deaf and Hard-of-Hearing Services Division.  The commissioner of human services shall coordinate the work of the interagency management team advisers and receive legislative appropriations for the division.

 

Sec. 35.  Minnesota Statutes 2016, section 256C.233, subdivision 2, is amended to read:

 

Subd. 2.  Responsibilities.  The Deaf and Hard-of-Hearing Services Division shall:

 

(1) establish and maintain a statewide network of regional service centers culturally affirmative services for Minnesotans who are deaf, Minnesotans who are deafblind, and Minnesotans who are hard-of-hearing Minnesotans;

 

(2) assist work across divisions within the Departments Department of Human Services, Education, and Employment and Economic Development to coordinate the promulgation and implementation of public policies, regulations, legislation, programs, and services affecting as well as with other agencies and counties, to ensure that there is an understanding of:


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(i) the communication challenges faced by persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing persons;

 

(ii) the best practices for accommodating and mitigating communication challenges; and

 

(iii) the legal requirements for providing access to and effective communication with persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing; and

 

(3) provide a coordinated system of assess the supply and demand statewide interpreting or for interpreter referral services. and real-time captioning services, implement strategies to provide greater access to these services in areas without sufficient supply, and build the base of service providers across the state;

 

(4) maintain a statewide information resource that includes contact information and professional certification credentials of interpreting service providers and real-time captioning service providers;

 

(5) provide culturally affirmative mental health services to persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing who:

 

(i) use a visual language such as American Sign Language or a tactile form of a language; or

 

(ii) otherwise need culturally affirmative therapeutic services;

 

(6) research and develop best practices and recommendations for emerging issues;

 

(7) provide as much information as practicable on the division's stand-alone Web site in American Sign Language; and

 

(8) report to the chairs and ranking minority members of the legislative committees with jurisdiction over human services biennially, beginning on January 1, 2019, on the following:

 

(i) the number of regional service center staff, the location of the office of each staff person, other service providers with which they are colocated, the number of people served by each staff person and a breakdown of whether each person was served on-site or off-site, and for those served off-site, a list of locations where services were delivered and the number who were served in-person and the number who were served via technology;

 

(ii) the amount and percentage of the division budget spent on reasonable accommodations for staff;

 

(iii) the number of people who use demonstration equipment and consumer evaluations of the experience;

 

(iv) the number of training sessions provided by division staff, the topics covered, the number of participants, and consumer evaluations, including a breakdown by delivery method such as in-person or via technology;

 

(v) the number of training sessions hosted at a division location provided by another service provider, the topics covered, the number of participants, and consumer evaluations, including a breakdown by delivery method such as in-person or via technology;

 

(vi) for each grant awarded, the amount awarded to the grantee and a summary of the grantee's results, including consumer evaluations of the services or products provided;

 

(vii) the number of people on waiting lists for any services provided by division staff or for services or equipment funded through grants awarded by the division;


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(viii) the amount of time staff spent driving to appointments to deliver direct one-to-one client services in locations outside of the regional service centers;

 

(ix) the amount spent on mileage reimbursement and the number of clients who received mileage reimbursement for traveling to the regional service centers for services; and

 

(x) the regional needs and feedback on addressing service gaps identified by the advisory committees.

 

Sec. 36.  Minnesota Statutes 2016, section 256C.24, subdivision 1, is amended to read:

 

Subdivision 1.  Location.  The Deaf and Hard-of-Hearing Services Division shall establish up to eight at least six regional service centers for persons who are deaf and persons who are hard-of-hearing persons.  The centers shall be distributed regionally to provide access for persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing persons in all parts of the state.

 

Sec. 37.  Minnesota Statutes 2016, section 256C.24, subdivision 2, is amended to read:

 

Subd. 2.  Responsibilities.  (a) Each regional service center shall:

 

(1) serve as a central entry point for establish connections and collaborations and explore co-locating with other public and private entities providing services to persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing persons in need of services and make referrals to the services needed in the region;

 

(2) for those in need of services, assist in coordinating services between service providers and persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing, and the persons' families, and make referrals to the services needed;

 

(2) (3) employ staff trained to work with persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing persons;

 

(3) (4) if adequate services are not available from another public or private service provider in the region, provide to all individual assistance to persons who are deaf, persons who are deafblind, and persons who are hard‑of-hearing persons access to interpreter services which are necessary to help them obtain services, and the persons' families.  Individually culturally affirmative assistance may be provided using technology only in areas of the state where a person has access to sufficient quality telecommunications or broadband services to allow effective communication.  When a person who is deaf, a person who is deafblind, or a person who is hard-of-hearing does not have access to sufficient telecommunications or broadband service, individual assistance shall be available in person;

 

(5) identify regional training needs, work with deaf and hard-of-hearing services training staff, and collaborate with others to deliver training for persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing, and the persons' families, and other service providers about subjects including the persons' rights under the law, American Sign Language, and the impact of hearing loss and options for accommodating it;

 

(4) implement a plan to provide loaned equipment and resource materials to deaf, deafblind, and hard-of-hearing (6) have a mobile or permanent lab where persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing can try a selection of modern assistive technology and equipment to determine what would best meet the persons' needs;

 

(5) cooperate with responsible departments and administrative authorities to provide access for deaf, deafblind, and hard-of-hearing persons to services provided by state, county, and regional agencies;


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(6) (7) collaborate with the Resource Center for the Deaf and Hard-of-Hearing Persons, other divisions of the Department of Education, and local school districts to develop and deliver programs and services for families with children who are deaf, children who are deafblind, or children who are hard-of-hearing children and to support school personnel serving these children;

 

(7) when possible, (8) provide training to the social service or income maintenance staff employed by counties or by organizations with whom counties contract for services to ensure that communication barriers which prevent persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing persons from using services are removed;

 

(8) when possible, (9) provide training to state and regional human service agencies in the region regarding program access for persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing persons; and

 

(9) (10) assess the ongoing need and supply of services for persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing persons in all parts of the state, annually consult with the division's advisory committees to identify regional needs and solicit feedback on addressing service gaps, and cooperate with public and private service providers to develop these services.;

 

(11) provide culturally affirmative mental health services to persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing who:

 

(i) use a visual language such as American Sign Language or a tactile form of a language; or

 

(ii) otherwise need culturally affirmative therapeutic services; and

 

(12) establish partnerships with state and regional entities statewide that have the technological capacity to provide Minnesotans with virtual access to the division's services and division-sponsored training via technology.

 

(b) Persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing, and the persons' family members who travel more than 50 miles round-trip from the persons' home or work location to receive services at the regional service center may be reimbursed for mileage at the reimbursement rate established by the Internal Revenue Service.

 

Sec. 38.  Minnesota Statutes 2016, section 256C.261, is amended to read:

 

256C.261 SERVICES FOR PERSONS WHO ARE DEAFBLIND PERSONS.

 

(a) The commissioner of human services shall combine the existing biennial base level funding for deafblind services into a single grant program.  At least 35 percent of the total funding is awarded for services and other supports to deafblind children and their families and at least 25 percent is awarded for services and other supports to deafblind adults. use at least 35 percent of the deafblind services biennial base level grant funding for services and other supports for a child who is deafblind and the child's family.  The commissioner shall use at least 25 percent of the deafblind services biennial base level grant funding for services and other supports for an adult who is deafblind.

 

The commissioner shall award grants for the purposes of:

 

(1) providing services and supports to individuals persons who are deafblind; and

 

(2) developing and providing training to counties and the network of senior citizen service providers.  The purpose of the training grants is to teach counties how to use existing programs that capture federal financial participation to meet the needs of eligible persons who are deafblind persons and to build capacity of senior service programs to meet the needs of seniors with a dual sensory hearing and vision loss.


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(b) The commissioner may make grants:

 

(1) for services and training provided by organizations; and

 

(2) to develop and administer consumer-directed services.

 

(c) Consumer-directed services shall be provided in whole by grant-funded providers.  The deaf and hard‑of‑hearing regional service centers shall not provide any aspect of a grant-funded consumer-directed services program.

 

(c) (d) Any entity that is able to satisfy the grant criteria is eligible to receive a grant under paragraph (a).

 

(d) (e) Deafblind service providers may, but are not required to, provide intervenor services as part of the service package provided with grant funds under this section.

 

Sec. 39.  Minnesota Statutes 2016, section 256R.02, subdivision 4, is amended to read:

 

Subd. 4.  Administrative costs.  "Administrative costs" means the identifiable costs for administering the overall activities of the nursing home.  These costs include salaries and wages of the administrator, assistant administrator, business office employees, security guards, and associated fringe benefits and payroll taxes, fees, contracts, or purchases related to business office functions, licenses, and permits except as provided in the external fixed costs category, employee recognition, travel including meals and lodging, all training except as specified in subdivision 17, voice and data communication or transmission, office supplies, property and liability insurance and other forms of insurance not designated to other areas including insurance that is an employee benefit, personnel recruitment, legal services, accounting services, management or business consultants, data processing, information technology, Web site, central or home office costs, business meetings and seminars, postage, fees for professional organizations, subscriptions, security services, advertising, board of directors fees, working capital interest expense, and bad debts and bad debt collection fees, and costs incurred for travel and housing for persons employed by a supplemental nursing services agency as defined in section 144A.70, subdivision 6.

 

EFFECTIVE DATE.  This section is effective October 1, 2017.

 

Sec. 40.  Minnesota Statutes 2016, section 256R.02, subdivision 17, is amended to read:

 

Subd. 17.  Direct care costs.  "Direct care costs" means costs for the wages of nursing administration, direct care registered nurses, licensed practical nurses, certified nursing assistants, trained medication aides, employees conducting training in resident care topics and associated fringe benefits and payroll taxes; services from a supplemental nursing services agency; supplies that are stocked at nursing stations or on the floor and distributed or used individually, including, but not limited to:  alcohol, applicators, cotton balls, incontinence pads, disposable ice bags, dressings, bandages, water pitchers, tongue depressors, disposable gloves, enemas, enema equipment, soap, medication cups, diapers, plastic waste bags, sanitary products, thermometers, hypodermic needles and syringes, clinical reagents or similar diagnostic agents, drugs that are not paid on a separate fee schedule by the medical assistance program or any other payer, and technology related to the provision of nursing care to residents, such as electronic charting systems; costs of materials used for resident care training, and training courses outside of the facility attended by direct care staff on resident care topics; and costs for nurse consultants, pharmacy consultants, and medical directors.  Salaries and payroll taxes for nurse consultants who work out of a central office must be allocated proportionately by total resident days or by direct identification to the nursing facilities served by those consultants.


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Sec. 41.  Minnesota Statutes 2016, section 256R.02, subdivision 18, is amended to read:

 

Subd. 18.  Employer health insurance costs.  "Employer health insurance costs" means premium expenses for group coverage and reinsurance, actual expenses incurred for self-insured plans including reinsurance and administrative costs, and employer contributions to employee health reimbursement and health savings accounts.  Premium and expense costs and contributions are allowable for (1) all employees and (2) the spouse and dependents of those employees who meet the definition of full-time employees under the federal Affordable Care Act, Public Law 111-148 are employed on average at least 30 hours of service per week, or 130 hours of service per month.

 

Sec. 42.  Minnesota Statutes 2016, section 256R.02, subdivision 19, is amended to read:

 

Subd. 19.  External fixed costs.  "External fixed costs" means costs related to the nursing home surcharge under section 256.9657, subdivision 1; licensure fees under section 144.122; family advisory council fee under section 144A.33; scholarships under section 256R.37; planned closure rate adjustments under section 256R.40; consolidation rate adjustments under section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d; single-bed room incentives under section 256R.41; property taxes, assessments, and payments in lieu of taxes; employer health insurance costs; quality improvement incentive payment rate adjustments under section 256R.39; performance-based incentive payments under section 256R.38; special dietary needs under section 256R.51; rate adjustments for compensation-related costs for minimum wage changes under section 256R.49 provided on or after January 1, 2018; and Public Employees Retirement Association employer costs.

 

Sec. 43.  Minnesota Statutes 2016, section 256R.02, subdivision 22, is amended to read:

 

Subd. 22.  Fringe benefit costs.  "Fringe benefit costs" means the costs for group life, dental, workers' compensation, and other employee insurances and short- and long-term disability, long-term care insurance, accident insurance, supplemental insurance, legal assistance insurance, profit sharing, health insurance costs not covered under subdivision 18, including costs associated with part-time employee family members or retirees, and pension and retirement plan contributions, except for the Public Employees Retirement Association and employer health insurance costs; profit sharing; and retirement plans for which the employer pays all or a portion of the costs.

 

Sec. 44.  Minnesota Statutes 2016, section 256R.02, subdivision 42, is amended to read:

 

Subd. 42.  Raw food costs.  "Raw food costs" means the cost of food provided to nursing facility residents and the allocation of dietary credits.  Also included are special dietary supplements used for tube feeding or oral feeding, such as elemental high nitrogen diet.

 

Sec. 45.  Minnesota Statutes 2016, section 256R.02, is amended by adding a subdivision to read:

 

Subd. 42a.  Real estate taxes.  "Real estate taxes" means the real estate tax liability shown on the annual property tax statement of the nursing facility for the reporting period.  The term does not include personnel costs or fees for late payment.

 

Sec. 46.  Minnesota Statutes 2016, section 256R.02, is amended by adding a subdivision to read:

 

Subd. 48a.  Special assessments.  "Special assessments" means the actual special assessments and related interest paid during the reporting period.  The term does not include personnel costs or fees for late payment.

 

Sec. 47.  Minnesota Statutes 2016, section 256R.02, subdivision 52, is amended to read:

 

Subd. 52.  Therapy costs.  "Therapy costs" means any costs related to medical assistance therapy services provided to residents that are not billed separately billable from the daily operating rate.


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Sec. 48.  Minnesota Statutes 2016, section 256R.06, subdivision 5, is amended to read:

 

Subd. 5.  Notice to residents.  (a) No increase in nursing facility rates for private paying residents shall be effective unless the nursing facility notifies the resident or person responsible for payment of the increase in writing 30 days before the increase takes effect.  The notice must include the amount of the rate increase, the new payment rate, and the date the rate increase takes effect.

 

A nursing facility may adjust its rates without giving the notice required by this subdivision when the purpose of the rate adjustment is to reflect a change in the case mix classification of the resident.  The nursing facility shall notify private pay residents of any rate increase related to a change in case mix classifications in a timely manner after confirmation of the case mix classification change is received from the Department of Health.

 

If the state fails to set rates as required by section 256R.09, subdivision 1, the time required for giving notice is decreased by the number of days by which the state was late in setting the rates.

 

(b) If the state does not set rates by the date required in section 256R.09, subdivision 1, or otherwise provides nursing facilities with retroactive notification of the amount of a rate increase, nursing facilities shall meet the requirement for advance notice by informing the resident or person responsible for payments, on or before the effective date of the increase, that a rate increase will be effective on that date.  The requirements of paragraph (a) do not apply to situations described in this paragraph.

 

If the exact amount has not yet been determined, the nursing facility may raise the rates by the amount anticipated to be allowed.  Any amounts collected from private pay residents in excess of the allowable rate must be repaid to private pay residents with interest at the rate used by the commissioner of revenue for the late payment of taxes and in effect on the date the rate increase is effective.

 

Sec. 49.  Minnesota Statutes 2016, section 256R.07, subdivision 1, is amended to read:

 

Subdivision 1.  Criteria.  A nursing facility shall keep adequate documentation.  In order to be adequate, documentation must:

 

(1) be maintained in orderly, well-organized files;

 

(2) not include documentation of more than one nursing facility in one set of files unless transactions may be traced by the commissioner to the nursing facility's annual cost report;

 

(3) include a paid invoice or copy of a paid invoice with date of purchase, vendor name and address, purchaser name and delivery destination address, listing of items or services purchased, cost of items purchased, account number to which the cost is posted, and a breakdown of any allocation of costs between accounts or nursing facilities.  If any of the information is not available, the nursing facility shall document its good faith attempt to obtain the information;

 

(4) include contracts, agreements, amortization schedules, mortgages, other debt instruments, and all other documents necessary to explain the nursing facility's costs or revenues; and

 

(5) be retained by the nursing facility to support the five most recent annual cost reports.  The commissioner may extend the period of retention if the field audit was postponed because of inadequate record keeping or accounting practices as in section 256R.13, subdivisions 2 and 4, the records are necessary to resolve a pending appeal, or the records are required for the enforcement of sections 256R.04; 256R.05, subdivision 2; 256R.06, subdivisions 2, and 6, and 7; 256R.08, subdivisions 1 to 3; and 256R.09, subdivisions 3 and 4.


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Sec. 50.  Minnesota Statutes 2016, section 256R.07, is amended by adding a subdivision to read:

 

Subd. 6.  Electronic signature.  For documentation requiring a signature under this chapter or section 256B.431 or 256B.434, use of an electronic signature as defined under section 325L.02, paragraph (h), is allowed.

 

Sec. 51.  Minnesota Statutes 2016, section 256R.13, subdivision 4, is amended to read:

 

Subd. 4.  Extended record retention requirements.  The commissioner shall extend the period for retention of records under section 256R.09, subdivision 3, for purposes of performing field audits as necessary to enforce sections 256R.04; 256R.05, subdivision 2; 256R.06, subdivisions 2, and 6, and 7; 256R.08, subdivisions 1 to 3; and 256R.09, subdivisions 3 and 4, with written notice to the facility postmarked no later than 90 days prior to the expiration of the record retention requirement.

 

Sec. 52.  [256R.18] BIENNIAL REPORT.

 

The commissioner shall provide to the legislative committees with jurisdiction over nursing facility payment rates a biennial report including:

 

(1) the impact of using cost report data to set rates without updating the cost report data by the change in the Consumer Price Index for all urban consumers from the mid-point of the cost report to the mid-point of the rate year;

 

(2) the impact of the quality adjusted care limits;

 

(3) the ability of nursing facilities to retain employees, including whether rate increases are passed through to employees;

 

(4) the efficacy of the critical access nursing facility program under section 256R.47; and

 

(5) the impact of payment rate limit reduction under section 256R.23, subdivision 6.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 53.  Minnesota Statutes 2016, section 256R.37, is amended to read:

 

256R.37 SCHOLARSHIPS.

 

(a) For the 27-month period beginning October 1, 2015, through December 31, 2017, the commissioner shall allow a scholarship per diem of up to 25 cents for each nursing facility with no scholarship per diem that is requesting a scholarship per diem to be added to the external fixed payment rate to be used:

 

(1) for employee scholarships that satisfy the following requirements:

 

(i) scholarships are available to all employees who work an average of at least ten hours per week at the facility except the administrator, and to reimburse student loan expenses for newly hired and recently graduated registered nurses and licensed practical nurses, and training expenses for nursing assistants as specified in section 144A.611, subdivisions 2 and 4, who are newly hired and have graduated within the last 12 months; and

 

(ii) the course of study is expected to lead to career advancement with the facility or in long-term care, including medical care interpreter services and social work; and

 

(2) to provide job-related training in English as a second language.


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(b) All facilities may annually request a rate adjustment under this section by submitting information to the commissioner on a schedule and in a form supplied by the commissioner.  The commissioner shall allow a scholarship payment rate equal to the reported and allowable costs divided by resident days.

 

(c) In calculating the per diem under paragraph (b), the commissioner shall allow costs related to tuition, direct educational expenses, and reasonable costs as defined by the commissioner for child care costs and transportation expenses related to direct educational expenses.

 

(d) The rate increase under this section is an optional rate add-on that the facility must request from the commissioner in a manner prescribed by the commissioner.  The rate increase must be used for scholarships as specified in this section.

 

(e) For instances in which a rate adjustment will be 15 cents or greater, nursing facilities that close beds during a rate year may request to have their scholarship adjustment under paragraph (b) recalculated by the commissioner for the remainder of the rate year to reflect the reduction in resident days compared to the cost report year.

 

Sec. 54.  Minnesota Statutes 2016, section 256R.40, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) The definitions in this subdivision apply to this section.

 

(b) "Closure" means the cessation of operations of a nursing facility and delicensure and decertification of all beds within the facility.

 

(c) "Closure plan" means a plan to close a nursing facility and reallocate a portion of the resulting savings to provide planned closure rate adjustments at other facilities.

 

(d) "Commencement of closure" means the date on which residents and designated representatives are notified of a planned closure as provided in section 144A.161, subdivision 5a, as part of an approved closure plan.

 

(e) "Completion of closure" means the date on which the final resident of the nursing facility designated for closure in an approved closure plan is discharged from the facility or the date that beds from a partial closure are delicensed and decertified.

 

(f) "Partial closure" means the delicensure and decertification of a portion of the beds within the facility.

 

(g) "Planned closure rate adjustment" means an increase in a nursing facility's operating rates resulting from a planned closure or a planned partial closure of another facility.

 

Sec. 55.  Minnesota Statutes 2016, section 256R.40, subdivision 5, is amended to read:

 

Subd. 5.  Planned closure rate adjustment.  (a) The commissioner shall calculate the amount of the planned closure rate adjustment available under subdivision 6 according to clauses (1) to (4):

 

(1) the amount available is the net reduction of nursing facility beds multiplied by $2,080;

 

(2) the total number of beds in the nursing facility or facilities receiving the planned closure rate adjustment must be identified;

 

(3) capacity days are determined by multiplying the number determined under clause (2) by 365; and


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(4) the planned closure rate adjustment is the amount available in clause (1), divided by capacity days determined under clause (3).

 

(b) A planned closure rate adjustment under this section is effective on the first day of the month of January or July, whichever occurs first following completion of closure of the facility designated for closure in the application and becomes part of the nursing facility's external fixed payment rate.

 

(c) Upon the request of a closing facility, the commissioner must allow the facility a closure rate adjustment as provided under section 144A.161, subdivision 10.

 

(d) A facility that has received a planned closure rate adjustment may reassign it to another facility that is under the same ownership at any time within three years of its effective date.  The amount of the adjustment is computed according to paragraph (a).

 

(e) If the per bed dollar amount specified in paragraph (a), clause (1), is increased, the commissioner shall recalculate planned closure rate adjustments for facilities that delicense beds under this section on or after July 1, 2001, to reflect the increase in the per bed dollar amount.  The recalculated planned closure rate adjustment is effective from the date the per bed dollar amount is increased.

 

(f) For a nursing facility that is ceasing operations through delicensure and decertification of all beds within the facility, the planned closure rate adjustment under this section is effective on the first day of the month following completion of closure of the facility designated for closure in the application and becomes part of any assigned nursing facility's external fixed payment rate.

 

Sec. 56.  Minnesota Statutes 2016, section 256R.41, is amended to read:

 

256R.41 SINGLE-BED ROOM INCENTIVE.

 

(a) Beginning July 1, 2005, the operating payment rate for nursing facilities reimbursed under this chapter shall be increased by 20 percent multiplied by the ratio of the number of new single-bed rooms created divided by the number of active beds on July 1, 2005, for each bed closure that results in the creation of a single-bed room after July 1, 2005.  The commissioner may implement rate adjustments for up to 3,000 new single-bed rooms each year.  For eligible bed closures for which the commissioner receives a notice from a facility during a calendar quarter that a bed has been delicensed and a new single-bed room has been established, the rate adjustment in this paragraph shall be effective on either the first day of the second month of January or July, whichever occurs first following that calendar quarter the date of the bed delicensure.

 

(b) A nursing facility is prohibited from discharging residents for purposes of establishing single-bed rooms.  A nursing facility must submit documentation to the commissioner in a form prescribed by the commissioner, certifying the occupancy status of beds closed to create single-bed rooms.  In the event that the commissioner determines that a facility has discharged a resident for purposes of establishing a single-bed room, the commissioner shall not provide a rate adjustment under paragraph (a).

 

Sec. 57.  Minnesota Statutes 2016, section 256R.47, is amended to read:

 

256R.47 RATE ADJUSTMENT FOR CRITICAL ACCESS NURSING FACILITIES.

 

(a) The commissioner, in consultation with the commissioner of health, may designate certain nursing facilities as critical access nursing facilities.  The designation shall be granted on a competitive basis, within the limits of funds appropriated for this purpose.


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(b) The commissioner shall request proposals from nursing facilities every two years.  Proposals must be submitted in the form and according to the timelines established by the commissioner.  In selecting applicants to designate, the commissioner, in consultation with the commissioner of health, and with input from stakeholders, shall develop criteria designed to preserve access to nursing facility services in isolated areas, rebalance long-term care, and improve quality.  To the extent practicable, the commissioner shall ensure an even distribution of designations across the state.

 

(c) The commissioner shall allow the benefits in clauses (1) to (5) for nursing facilities designated as critical access nursing facilities:

 

(1) partial rebasing, with the commissioner allowing a designated facility operating payment rates being the sum of up to 60 percent of the operating payment rate determined in accordance with section 256R.21, subdivision 3, and at least 40 percent, with the sum of the two portions being equal to 100 percent, of the operating payment rate that would have been allowed had the facility not been designated.  The commissioner may adjust these percentages by up to 20 percent and may approve a request for less than the amount allowed;

 

(2) enhanced payments for leave days.  Notwithstanding section 256R.43, upon designation as a critical access nursing facility, the commissioner shall limit payment for leave days to 60 percent of that nursing facility's total payment rate for the involved resident, and shall allow this payment only when the occupancy of the nursing facility, inclusive of bed hold days, is equal to or greater than 90 percent;

 

(3) two designated critical access nursing facilities, with up to 100 beds in active service, may jointly apply to the commissioner of health for a waiver of Minnesota Rules, part 4658.0500, subpart 2, in order to jointly employ a director of nursing.  The commissioner of health shall consider each waiver request independently based on the criteria under Minnesota Rules, part 4658.0040;

 

(4) the minimum threshold under section 256B.431, subdivision 15, paragraph (e), shall be 40 percent of the amount that would otherwise apply; and

 

(5) the quality-based rate limits under section 256R.23, subdivisions 5 to 7, apply to designated critical access nursing facilities.

 

(d) Designation of a critical access nursing facility is for a period of two years, after which the benefits allowed under paragraph (c) shall be removed.  Designated facilities may apply for continued designation.

 

(e) This section is suspended and no state or federal funding shall be appropriated or allocated for the purposes of this section from January 1, 2016, to December 31, 2017 2019.

 

Sec. 58.  Minnesota Statutes 2016, section 256R.49, is amended to read:

 

256R.49 RATE ADJUSTMENTS FOR COMPENSATION-RELATED COSTS FOR MINIMUM WAGE CHANGES.

 

Subdivision 1.  Rate adjustments for compensation-related costs.  (a) Operating Payment rates of all nursing facilities that are reimbursed under this chapter shall be increased effective for rate years beginning on and after October 1, 2014, to address changes in compensation costs for nursing facility employees paid less than $14 per hour in accordance with this section.  Rate increases provided under this section before October 1, 2016, expire effective January 1, 2018.  Rate increases provided on or after October 1, 2016, expire two years after the effective date of the rate increases.


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(b) Nursing facilities that receive approval of the applications in subdivision 2 must receive rate adjustments according to subdivision 4.  The rate adjustments must be used to pay compensation costs for nursing facility employees paid less than $14 per hour.

 

Subd. 2.  Application process.  To receive a rate adjustment, nursing facilities must submit applications to the commissioner in a form and manner determined by the commissioner.  The applications for the rate adjustments shall include specified data, and spending plans that describe how the funds from the rate adjustments will be allocated for compensation to employees paid less than $14 per hour.  The applications must be submitted within three months of the effective date of any operating payment rate adjustment under this section.  The commissioner may request any additional information needed to determine the rate adjustment within three weeks of receiving a complete application.  The nursing facility must provide any additional information requested by the commissioner within six months of the effective date of any operating payment rate adjustment under this section.  The commissioner may waive the deadlines in this section under extraordinary circumstances.

 

Subd. 3.  Additional application requirements for facilities with employees represented by an exclusive bargaining representative.  For nursing facilities in which employees are represented by an exclusive bargaining representative, the commissioner shall approve the applications submitted under subdivision 2 only upon receipt of a letter or letters of acceptance of the spending plans in regard to members of the bargaining unit, signed by the exclusive bargaining agent and dated after May 31, 2014.  Upon receipt of the letter or letters of acceptance, the commissioner shall deem all requirements of this section as having been met in regard to the members of the bargaining unit.

 

Subd. 4.  Determination of the rate adjustments for compensation-related costs.  Based on the application in subdivision 2, the commissioner shall calculate the allowable annualized compensation costs by adding the totals of clauses (1), and (2), and (3).  The result must be divided by the standardized or sum of the facility's resident days from the most recently available cost report to determine per day amounts, which must be included in the operating portion external fixed costs payment rate of the total payment rate and allocated to direct care or other operating as determined by the commissioner:

 

(1) the sum of the difference between $9.50 and any hourly wage rate less than $9.50 for October 1, 2016; and between the indexed value of the minimum wage, as defined in section 177.24, subdivision 1, paragraph (f), or any other minimum wage implemented in statute or by any local ordinance, and any hourly wage less than that indexed value for rate years beginning on and after October 1, 2017 January 1, 2018; multiplied by the number of compensated hours at that wage rate; and

 

(2) using wages and hours in effect during the first three months of calendar year 2014, beginning with the first pay period beginning on or after January 1, 2014; 22.2 percent of the sum of items (i) to (viii) for October 1, 2016;

 

(i) for all compensated hours from $8 to $8.49 per hour, the number of compensated hours is multiplied by $0.13;

 

(ii) for all compensated hours from $8.50 to $8.99 per hour, the number of compensated hours is multiplied by $0.25;

 

(iii) for all compensated hours from $9 to $9.49 per hour, the number of compensated hours is multiplied by $0.38;

 

(iv) for all compensated hours from $9.50 to $10.49 per hour, the number of compensated hours is multiplied by $0.50;

 

(v) for all compensated hours from $10.50 to $10.99 per hour, the number of compensated hours is multiplied by $0.40;


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(vi) for all compensated hours from $11 to $11.49 per hour, the number of compensated hours is multiplied by $0.30;

 

(vii) for all compensated hours from $11.50 to $11.99 per hour, the number of compensated hours is multiplied by $0.20; and

 

(viii) for all compensated hours from $12 to $13 per hour, the number of compensated hours is multiplied by $0.10; and

 

(3) (2) the sum of the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, pensions, and contributions to employee retirement accounts attributable to the amounts in clauses clause (1) and (2).

 

Sec. 59.  Minnesota Statutes 2016, section 256R.53, subdivision 2, is amended to read:

 

Subd. 2.  Nursing facility facilities in Breckenridge border cities.  The operating payment rate of a nonprofit nursing facility that exists on January 1, 2015, is located within the boundaries of the city cities of Breckenridge or Moorhead, and is reimbursed under this chapter, is equal to the greater of:

 

(1) the operating payment rate determined under section 256R.21, subdivision 3; or

 

(2) the median case mix adjusted rates, including comparable rate components as determined by the median case mix adjusted rates, including comparable rate components as determined by the commissioner, for the equivalent case mix indices of the nonprofit nursing facility or facilities located in an adjacent city in another state and in cities contiguous to the adjacent city.  The commissioner shall make the comparison required in this subdivision on November 1 of each year and shall apply it to the rates to be effective on the following January 1.  The Minnesota facility's operating payment rate with a case mix index of 1.0 is computed by dividing the adjacent city's nursing facility or facilities' median operating payment rate with an index of 1.02 by 1.02.  If the adjustments under this subdivision result in a rate that exceeds the limits in section 256R.23, subdivision 5, and whose costs exceed the rate in section 256R.24, subdivision 3, in a given rate year, the facility's rate shall not be subject to the limits in section 256R.23, subdivision 5, and shall not be limited to the rate established in section 256R.24, subdivision 3, for that rate year.

 

EFFECTIVE DATE.  The rate increases for a facility located in Moorhead are effective for the rate year beginning January 1, 2020, and annually thereafter.

 

Sec. 60.  Laws 2015, chapter 71, article 7, section 54, is amended to read:

 

Sec. 54.  EXPANSION OF CONSUMER-DIRECTED COMMUNITY SUPPORTS BUDGET METHODOLOGY EXCEPTION.  (a) No later than September 30, 2015 2017, if necessary, the commissioner of human services shall submit an amendment to the Centers for Medicare and Medicaid Services for the home and community-based services waivers authorized under Minnesota Statutes, sections 256B.092 and 256B.49, to establish an expand the 2015 exception to the consumer-directed community supports budget methodology to provide up to 20 30 percent more funds for both:

 

(1) consumer-directed community supports participants who have graduated from high school and have a coordinated service and support plan which identifies the need for more services under consumer-directed community supports, either prior to graduation or in order to increase the amount of time a person works or to improve their employment opportunities, an increased amount of services or supports under consumer-directed community supports than the amount they are eligible to receive currently receiving under the current consumer‑directed community supports budget methodology; and:


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(i) to increase the amount of time a person works or otherwise improves employment opportunities;

 

(ii) to plan a transition to, move to, or live in a setting as described in Minnesota Statutes, section 256D.44, subdivision 5, paragraph (f), clause (1), item (ii), or (g); or

 

(iii) to develop and implement a positive behavior support plan;

 

(2) home and community-based waiver participants who are currently using licensed services providers for employment supports or services during the day or residential services, either of which cost more annually than the person would spend under a consumer-directed community supports plan for individualized employment supports or services during the day any or all of the supports needed to meet the goals identified in paragraph (a), clause (1).

 

(b) The exception under paragraph (a) is limited to those persons who can demonstrate either that they will have to leave discontinue using consumer-directed community supports and use accept other non-self-directed waiver services because their need for day or employment supports needed for the goals described in paragraph (a), clause (1), cannot be met within the consumer-directed community supports budget limits or they will move to consumer‑directed community supports and their services will cost less than services currently being used.

 

(c) The exception under paragraph (a), clause (2), is limited to those persons who can demonstrate that, upon choosing to become a consumer-directed community support participant, the total cost of services, including the exception, will be less than the cost of current waiver services.

 

EFFECTIVE DATE.  The exception under this section is effective October 1, 2017, or upon federal approval, whichever is later.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

 

Sec. 61.  ALZHEIMER'S DISEASE WORKING GROUP.

 

Subdivision 1.  Members.  (a) The Minnesota Board on Aging must appoint 16 members to an Alzheimer's disease working group, as follows:

 

(1) a caregiver of a person who has been diagnosed with Alzheimer's disease;

 

(2) a person who has been diagnosed with Alzheimer's disease;

 

(3) two representatives from the nursing facility or senior housing profession;

 

(4) a representative of the home care or adult day services profession;

 

(5) two geriatricians, one of whom serves a diverse or underserved community;

 

(6) a psychologist who specializes in dementia care;

 

(7) an Alzheimer's researcher;

 

(8) a representative of the Alzheimer's Association;

 

(9) two members from community-based organizations serving one or more diverse or underserved communities;

 

(10) the commissioner of human services or a designee;


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(11) the commissioner of health or a designee;

 

(12) the ombudsman for long-term care or a designee; and

 

(13) one member of the Minnesota Board on Aging, selected by the board.

 

(b) The executive director of the Minnesota Board on Aging serves on the working group as a nonvoting member.

 

(c) The appointing authorities under this subdivision must complete their appointments no later than December 15, 2017.

 

(d) To the extent practicable, the membership of the working group must reflect the diversity in Minnesota, and must include representatives from rural and metropolitan areas and representatives of different ethnicities, races, genders, ages, cultural groups, and abilities.

 

Subd. 2.  Duties; recommendations.  The Alzheimer's disease working group must review and revise the 2011 report, Preparing Minnesota for Alzheimer's:  the Budgetary, Social and Personal Impacts.  The working group shall consider and make recommendations and findings on the following issues as related to Alzheimer's disease or other dementias:

 

(1) analysis and assessment of public health and health care data to accurately determine trends and disparities in cognitive decline;

 

(2) public awareness, knowledge, and attitudes, including knowledge gaps, stigma, availability of information, and supportive community environments;

 

(3) risk reduction, including health education and health promotion on risk factors, safety, and potentially avoidable hospitalizations;

 

(4) diagnosis and treatment, including early detection, access to diagnosis, quality of dementia care, and cost of treatment;

 

(5) professional education and training, including geriatric education for licensed health care professionals and dementia-specific training for direct care workers, first responders, and other professionals in communities;

 

(6) residential services, including cost to families as well as regulation and licensing gaps; and

 

(7) cultural competence and responsiveness to reduce health disparities and improve access to high-quality dementia care.

 

Subd. 3.  Meetings.  The Board on Aging must convene the first meeting of the working group no later than January 15, 2018.  Before the first meeting, the Board on Aging must designate one member to serve as chair.  Meetings of the working group must be open to the public, and to the extent practicable, technological means, such as Web casts, shall be used to reach the greatest number of people throughout the state.  The working group may not meet more than five times.

 

Subd. 4.  Compensation.  Members of the working group serve without compensation, but may be reimbursed for allowed actual and necessary expenses incurred in the performance of the member's duties for the working group in the same manner and amount as authorized by the commissioner's plan adopted under Minnesota Statutes, section 43A.18, subdivision 2.


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Subd. 5.  Administrative support.  The Minnesota Board on Aging shall provide administrative support and arrange meeting space for the working group.

 

Subd. 6.  Report.  The Board on Aging must submit a report providing the findings and recommendations of the working group, including any draft legislation necessary to implement the recommendations, to the governor and chairs and ranking minority members of the legislative committees with jurisdiction over health care by January 15, 2019.

 

Subd. 7.  Expiration.  The working group expires June 30, 2019, or the day after the working group submits the report required in subdivision 6, whichever is earlier.

 

Sec. 62.  CONSUMER-DIRECTED COMMUNITY SUPPORTS REVISED BUDGET METHODOLOGY REPORT.

 

(a) The commissioner of human services, in consultation with stakeholders and others including representatives of lead agencies, home and community-based services waiver participants using consumer-directed community supports, advocacy groups, state agencies, the Institute on Community Integration at the University of Minnesota, and service and financial management providers, shall develop a revised consumer-directed community supports budget methodology.  The new methodology shall be based on (1) the costs of providing services as reflected by the wage and other relevant components incorporated in the disability waiver rate formulas under chapter 256B, and (2) state-to-county waiver-funding methodologies.  The new methodology should develop individual consumer-directed community supports budgets comparable to those provided for similar needs individuals if paying for non‑consumer-directed community supports waiver services.

 

(b) By December 15, 2018, the commissioner shall report a revised consumer-directed community supports budget methodology, including proposed legislation and funding necessary to implement the new methodology, to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over health and human services.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 63.  DIRECTION TO COMMISSIONER; TELECOMMUNICATION EQUIPMENT PROGRAM.

 

The commissioner of human services shall work in consultation with the Commission of Deaf, Deafblind, and Hard-of-Hearing Minnesotans to provide recommendations by January 15, 2018, to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over human services to modernize the telecommunication equipment program.  The recommendations must address:

 

(1) types of equipment and supports the program should provide to ensure people with communication difficulties have equitable access to telecommunications services;

 

(2) additional services the program should provide, such as education about technology options that can improve a person's access to telecommunications services; and

 

(3) how the current program's service delivery structure might be improved to better meet the needs of people with communication disabilities.

 

The commissioner shall also provide draft legislative language to accomplish the recommendations.  Final recommendations, the final report, and draft legislative language must be approved by both the commissioner and the chair of the Commission of Deaf, Deafblind, and Hard-of-Hearing Minnesotans.


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Sec. 64.  DIRECTION TO COMMISSIONER; BILLING FOR MENTAL HEALTH SERVICES.

 

By January 1, 2018, the commissioner of human services shall report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over deaf and hard-of-hearing services on the potential costs and benefits of the Deaf and Hard-of-Hearing Services Division billing for the cost of providing mental health services.

 

Sec. 65.  ELECTRONIC SERVICE DELIVERY DOCUMENTATION SYSTEM.

 

Subdivision 1.  Documentation; establishment.  The commissioner of human services shall establish implementation requirements and standards for an electronic service delivery documentation system to comply with the 21st Century Cures Act, Public Law 114-255.

 

Subd. 2.  Definitions.  (a) For purposes of this section, the terms in this subdivision have the meanings given them.

 

(b) "Electronic service delivery documentation" means the electronic documentation of the:

 

(1) type of service performed;

 

(2) individual receiving the service;

 

(3) date of the service;

 

(4) location of the service delivery;

 

(5) individual providing the service; and

 

(6) time the service begins and ends.

 

(c) "Electronic service delivery documentation system" means a system that provides electronic service delivery documentation that complies with the 21st Century Cures Act, Public Law 114-255, and the requirements of subdivision 3.

 

(d) "Service" means one of the following:

 

(1) personal care assistance services as defined in Minnesota Statutes, section 256B.0625, subdivision 19a, and provided according to Minnesota Statutes, section 256B.0659; or

 

(2) community first services and supports under Minnesota Statutes, section 256B.85.

 

Subd. 3.  Requirements.  (a) In developing implementation requirements for an electronic service delivery documentation system, the commissioner shall consider electronic visit verification systems and other electronic service delivery documentation methods.  The commissioner shall convene stakeholders that will be impacted by an electronic service delivery system, including service providers and their representatives, service recipients and their representatives, and, as appropriate, those with expertise in the development and operation of an electronic service delivery documentation system, to ensure that the requirements:

 

(1) are minimally administratively and financially burdensome to a provider;

 

(2) are minimally burdensome to the service recipient and the least disruptive to the service recipient in receiving and maintaining allowed services;


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(3) consider existing best practices and use of electronic service delivery documentation;

 

(4) are conducted according to all state and federal laws;

 

(5) are effective methods for preventing fraud when balanced against the requirements of clauses (1) and (2); and

 

(6) are consistent with the Department of Human Services' policies related to covered services, flexibility of service use, and quality assurance.

 

(b) The commissioner shall make training available to providers on the electronic service delivery documentation system requirements.

 

(c) The commissioner shall establish baseline measurements related to preventing fraud and establish measures to determine the effect of electronic service delivery documentation requirements on program integrity.

 

Subd. 4.  Legislative report.  (a) The commissioner shall submit a report by January 15, 2018, to the chairs and ranking minority members of the legislative committees with jurisdiction over human services with recommendations, based on the requirements of subdivision 3, to establish electronic service delivery documentation system requirements and standards.  The report shall identify:

 

(1) the essential elements necessary to operationalize a base-level electronic service delivery documentation system to be implemented by January 1, 2019; and

 

(2) enhancements to the base-level electronic service delivery documentation system to be implemented by January 1, 2019, or after, with projected operational costs and the costs and benefits for system enhancements.

 

(b) The report must also identify current regulations on service providers that are either inefficient, minimally effective, or will be unnecessary with the implementation of an electronic service delivery documentation system.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 66.  TRANSPORTATION STUDY.

 

The commissioner of human services, with cooperation from lead agencies and in consultation with stakeholders, shall conduct a study to identify opportunities to increase access to transportation services for an individual who receives home and community-based services.  The commissioner shall submit a report with recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over human services by January 15, 2019.  The report shall:

 

(1) study all aspects of the current transportation service network, including the fleet available, the different rate‑setting methods currently used, methods that an individual uses to access transportation, and the diversity of available provider agencies;

 

(2) identify current barriers for an individual accessing transportation and for a provider providing waiver services transportation in the marketplace;

 

(3) identify efficiencies and collaboration opportunities to increase available transportation, including transportation funded by medical assistance, and available regional transportation and transit options;

 

(4) study transportation solutions in other states for delivering home and community-based services;


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(5) study provider costs required to administer transportation services;

 

(6) make recommendations for coordinating and increasing transportation accessibility across the state; and

 

(7) make recommendations for the rate setting of waivered transportation.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 67.  DIRECTION TO COMMISSIONER; ICF/DD PAYMENT RATE STUDY.

 

Within available appropriations, the commissioner of human services shall study the intermediate care facility for persons with developmental disabilities payment rates under Minnesota Statutes, sections 256B.5011 to 256B.5013, and make recommendations on the rate structure to the chairs and ranking minority members of the legislative committees with jurisdiction over human services policy and finance by January 15, 2018.

 

Sec. 68.  FEDERAL WAIVER AMENDMENTS.

 

The commissioner of human services shall submit necessary waiver amendments to the Centers for Medicare and Medicaid Services to add employment exploration services, employment development services, and employment support services to the home and community-based services waivers authorized under Minnesota Statutes, sections 256B.092 and 256B.49.  The commissioner shall also submit necessary waiver amendments to remove community-based employment services from day training and habilitation and prevocational services.  The commissioner shall submit all necessary waiver amendments by October 1, 2017.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 69.  EXCEPTION TO THE BUDGET METHODOLOGY FOR PERSONS LEAVING INSTITUTIONS AND CRISIS RESIDENTIAL SETTINGS.

 

(a) By September 30, 2017, the commissioner shall establish an institutional and crisis bed consumer-directed community supports budget exception process as described in the home and community-based services waivers under sections 256B.092 and 256B.49.  This budget exception process shall be available for any individual who:

 

(1) is not offered available and appropriate services within 60 days since approval for discharge from the individual's current institutional setting; or

 

(2) requires services that are more expensive than appropriate less-restrictive services using the consumer‑directed community supports option.

 

(b) Institutional settings for purposes of this exception include intermediate care facilities for persons with developmental disabilities, nursing facilities, acute care hospitals, Anoka Metro Regional Treatment Center, Minnesota Security Hospital, and crisis beds.  The budget exception shall be limited to no more than the amount of appropriate less-restrictive available services determined by the lead agency managing the individual's home and community-based services waiver.  The lead agency shall notify the Department of Human Services of the budget exception.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 70.  REPEALER.

 

(a) Minnesota Statutes 2016, sections 256C.23, subdivision 3; 256C.233, subdivision 4; and 256C.25, subdivisions 1 and 2, are repealed.

 

(b) Minnesota Statutes 2016, section 256B.4914, subdivision 16, is repealed effective January 1, 2018.

 

ARTICLE 3

HEALTH DEPARTMENT AND PUBLIC HEALTH

 

Section 1.  [144.059] PALLIATIVE CARE ADVISORY COUNCIL.

 

Subdivision 1.  Establishment.  The Palliative Care Advisory Council is established to advise and assist the commissioner of health regarding improving the quality and delivery of patient-centered and family-focused palliative care.

 

Subd. 2.  Membership.  (a) The council shall consist of 18 public members and four members of the legislature.

 

(b) The commissioner shall appoint 18 public members, including at least the following:

 

(1) two physicians, of which one is certified by the American Board of Hospice and Palliative Medicine;

 

(2) two registered nurses or advanced practice registered nurses, of which one is certified by the National Board for Certification of Hospice and Palliative Nurses;

 

(3) one care coordinator experienced in working with people with serious or chronic illness and their families;

 

(4) one spiritual counselor experienced in working with people with serious or chronic illness and their families;

 

(5) three licensed health professionals, such as complementary and alternative health care practitioners, dietitians or nutritionists, pharmacists, or physical therapists, who are neither physicians nor nurses, but who have experience as members of a palliative care interdisciplinary team working with people with serious or chronic illness and their families;

 

(6) one licensed social worker experienced in working with people with serious or chronic illness and their families;

 

(7) four patients or personal caregivers experienced with serious or chronic illness;

 

(8) one representative of a health plan company; and

 

(9) one physician assistant that is a member of the American Academy of Hospice and Palliative Medicine.

 

(c) The Subcommittee on Committees of the Committee on Rules and Administration shall appoint one member of the senate, the minority leader in the senate shall appoint one member of the senate, the speaker of the house shall appoint one member of the house of representatives, and the minority leader in the house of representatives shall appoint one member of the house of representatives.

 

(d) Council membership must include, where possible, representation that is racially, culturally, linguistically, geographically, and economically diverse.


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(e) The council must include at least six members who reside outside Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Mille Lacs, Ramsey, Scott, Sherburne, Sibley, Stearns, Washington, or Wright Counties.

 

(f) Council membership must include health professionals who have palliative care work experience or expertise in palliative care delivery models in a variety of inpatient, outpatient, and community settings, including acute care, long-term care, or hospice, with a variety of populations, including pediatric, youth, and adult patients.

 

(g) To the extent possible, council membership must include persons who have experience in palliative care research, palliative care instruction in a medical or nursing school setting, palliative care services for veterans as a provider or recipient, or pediatric care.

 

Subd. 3.  Term.  Members of the council shall serve for a term of three years and may be reappointed.  Members shall serve until their successors have been appointed.

 

Subd. 4.  Administration.  The commissioner or the commissioner's designee shall provide meeting space and administrative services for the council.

 

Subd. 5.  Initial appointments and first meeting.  The appointing authorities shall appoint the first members of the council by July 1, 2017.  The commissioner shall convene the first meeting by September 15, 2017, and the commissioner or the commissioner's designee shall act as chair until the council elects a chair at its first meeting.

 

Subd. 6.  Chairs.  At the council's first meeting, and biannually thereafter, the members shall elect a chair and a vice-chair whose duties shall be established by the council.

 

Subd. 7.  Meeting.  The council chair shall fix a time and place for regular meetings of the council, which shall meet at least twice yearly.

 

Subd. 8.  No compensation.  Public members of the council serve without compensation, except for reimbursement from the commissioner for allowed actual and necessary expenses incurred in the performance of the public member's council duties.

 

Subd. 9.  Duties.  (a) The council shall consult with and advise the commissioner on matters related to the establishment, maintenance, operation, and outcomes evaluation of palliative care initiatives in the state.

 

(b) By February 15 of each year, the council shall prepare and submit to the chairs and ranking minority members of the committees of the senate and the house of representatives with primary jurisdiction over health care a report containing a description of:

 

(1) the advisory committee's assessment of the availability of palliative care in the state;

 

(2) the advisory committee's analysis of barriers to greater access to palliative care; and

 

(3) recommendations for legislative action.

 

(c) The Department of Health shall publish the report each year on the department's Web site.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 2.  [144.1215] AUTHORIZATION TO USE HANDHELD DENTAL X-RAY EQUIPMENT.

 

Subdivision 1.  Definition; handheld dental x-ray equipment.  For purposes of this section, "handheld dental x-ray equipment" means x-ray equipment that is used to take dental radiographs, is designed to be handheld during operation, and is operated by an individual authorized to take dental radiographs under chapter 150A.

 

Subd. 2.  Use authorized.  (a) Handheld dental x-ray equipment may be used if the equipment:

 

(1) has been approved for human use by the United States Food and Drug Administration and is being used in a manner consistent with that approval; and

 

(2) utilizes a backscatter shield that:

 

(i) is composed of a leaded polymer or a substance with a substantially equivalent protective capacity;

 

(ii) has at least 0.25 millimeters of lead or lead-shielding equivalent; and

 

(iii) is permanently affixed to the handheld dental x-ray equipment.

 

(b) The use of handheld dental x-ray equipment is prohibited if the equipment's backscatter shield is broken or not permanently affixed to the system.

 

(c) The use of handheld dental x-ray equipment shall not be limited to situations in which it is impractical to transfer the patient to a stationary x-ray system.

 

(d) Handheld dental x-ray equipment must be stored when not in use, by being secured in a restricted, locked area of the facility.

 

(e) Handheld dental x-ray equipment must be calibrated initially and at intervals that must not exceed 24 months.  Calibration must include the test specified in Minnesota Rules, part 4732.1100, subpart 11.

 

(f) Notwithstanding Minnesota Rules, part 4732.0880, subpart 2, item C, the tube housing and the position‑indicating device of handheld dental x-ray equipment may be handheld during an exposure.

 

Subd. 3.  Exemptions from certain shielding requirements.  Handheld dental x-ray equipment used according to this section and according to manufacturer instructions is exempt from the following requirements for the equipment:

 

(1) shielding requirements in Minnesota Rules, part 4732.0365, item B; and

 

(2) requirements for the location of the x-ray control console or utilization of a protective barrier in Minnesota Rules, part 4732.0800, subpart 2, item B, subitems (2) and (3), provided the equipment utilizes a backscatter shield that satisfies the requirements in subdivision 2, paragraph (a), clause (2).

 

Subd. 4.  Compliance with rules.  A registrant using handheld dental x-ray equipment shall otherwise comply with Minnesota Rules, chapter 4732.

 

Sec. 3.  Minnesota Statutes 2016, section 144.1501, subdivision 2, is amended to read:

 

Subd. 2.  Creation of account.  (a) A health professional education loan forgiveness program account is established.  The commissioner of health shall use money from the account to establish a loan forgiveness program:


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(1) for medical residents and mental health professionals agreeing to practice in designated rural areas or underserved urban communities or specializing in the area of pediatric psychiatry;

 

(2) for midlevel practitioners agreeing to practice in designated rural areas or to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;

 

(3) for nurses who agree to practice in a Minnesota nursing home; an intermediate care facility for persons with developmental disability; or a hospital if the hospital owns and operates a Minnesota nursing home and a minimum of 50 percent of the hours worked by the nurse is in the nursing home; a housing with services establishment as defined in section 144D.01, subdivision 4; or a home care provider as defined in section 144A.43, subdivision 4; or agree to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;

 

(4) for other health care technicians agreeing to teach at least 12 credit hours, or 720 hours per year in their designated field in a postsecondary program at the undergraduate level or the equivalent at the graduate level.  The commissioner, in consultation with the Healthcare Education-Industry Partnership, shall determine the health care fields where the need is the greatest, including, but not limited to, respiratory therapy, clinical laboratory technology, radiologic technology, and surgical technology;

 

(5) for pharmacists, advanced dental therapists, dental therapists, and public health nurses who agree to practice in designated rural areas; and

 

(6) for dentists agreeing to deliver at least 25 percent of the dentist's yearly patient encounters to state public program enrollees or patients receiving sliding fee schedule discounts through a formal sliding fee schedule meeting the standards established by the United States Department of Health and Human Services under Code of Federal Regulations, title 42, section 51, chapter 303.

 

(b) Appropriations made to the account do not cancel and are available until expended, except that at the end of each biennium, any remaining balance in the account that is not committed by contract and not needed to fulfill existing commitments shall cancel to the fund.

 

Sec. 4.  [144.1504] SENIOR CARE WORKFORCE INNOVATION GRANT PROGRAM.

 

Subdivision 1.  Establishment.  The senior care workforce innovation grant program is established to assist eligible applicants to fund pilot programs or expand existing programs that increase the pool of caregivers working in the field of senior care services.

 

Subd. 2.  Competitive grants.  The commissioner shall make competitive grants available to eligible applicants to expand the workforce for senior care services.

 

Subd. 3.  Eligibility.  (a) Eligible applicants must recruit and train individuals to work with individuals who are primarily 65 years of age or older and receiving services through:

 

(1) a home and community-based setting, including housing with services establishments as defined in section 144D.01, subdivision 4;

 

(2) adult day care as defined in section 245A.02, subdivision 2a;

 

(3) home care services as defined in section 144A.43, subdivision 3; or


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(4) a nursing home as defined in section 144A.01, subdivision 5.

 

(b) Applicants must apply for a senior care workforce innovation grant as specified in subdivision 4.

 

Subd. 4.  Application.  (a) Eligible applicants must apply for a grant on the forms and according to the timelines established by the commissioner.

 

(b) Each applicant must propose a project or initiative to expand the number of workers in the field of senior care services.  At a minimum, a proposal must include:

 

(1) a description of the senior care workforce innovation project or initiative being proposed, including the process by which the applicant will expand the senior care workforce;

 

(2) whether the applicant is proposing to target the proposed project or initiative to any of the groups described in paragraph (c);

 

(3) information describing the applicant's current senior care workforce project or initiative, if applicable;

 

(4) the amount of funding the applicant is seeking through the grant program;

 

(5) any other sources of funding the applicant has for the project or initiative;

 

(6) a proposed budget detailing how the grant funds will be spent; and

 

(7) outcomes established by the applicant to measure the success of the project or initiative.

 

Subd. 5.  Commissioner's duties; requests for proposals; grantee selections.  (a) By September 1, 2017, and annually thereafter, the commissioner shall publish a request for proposals in the State Register specifying applicant eligibility requirements, qualifying senior care workforce innovation program criteria, applicant selection criteria, documentation required for program participation, maximum award amount, and methods of evaluation.

 

(b) Priority must be given to proposals that target employment of individuals who have multiple barriers to employment, individuals who have been unemployed long-term, and veterans.

 

(c) The commissioner shall determine the maximum award for grants and make grant selections based on the information provided in the grant application, including the targeted employment population, the applicant's proposed budget, the proposed measurable outcomes, and other criteria as determined by the commissioner.

 

Subd. 6.  Grant funding.  Notwithstanding any law or rule to the contrary, funds awarded to grantees in a grant agreement under this section do not lapse until the grant agreement expires.

 

Subd. 7.  Reporting requirements.  (a) Grant recipients shall report to the commissioner on the forms and according to the timelines established by the commissioner.

 

(b) The commissioner shall report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over health by January 15, 2019, and annually thereafter, on the grant program.  The report must include:

 

(1) information on each grant recipient;

 

(2) a summary of all projects or initiatives undertaken with each grant;


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(3) the measurable outcomes established by each grantee, an explanation of the evaluation process used to determine whether the outcomes were met, and the results of the evaluation; and

 

(4) an accounting of how the grant funds were spent.

 

(c) During the grant period, the commissioner may require and collect from grant recipients additional information necessary to evaluate the grant program.

 

Sec. 5.  [144.1505] PRIMARY CARE AND MENTAL HEALTH PROFESSIONS CLINICAL TRAINING EXPANSION GRANT PROGRAM.

 

Subdivision 1.  Definitions.  For purposes of this section, the following definitions apply:

 

(1) "eligible advanced practice registered nurse program" means a program that is located in Minnesota and is currently accredited as a master's, doctoral, or postgraduate level advanced practice registered nurse program by the Commission on Collegiate Nursing Education or by the Accreditation Commission for Education in Nursing, or is a candidate for accreditation;

 

(2) "eligible dental therapy program" means a dental therapy education program or advanced dental therapy education program that is located in Minnesota and is either:

 

(i) approved by the Board of Dentistry; or

 

(ii) currently accredited by the Commission on Dental Accreditation;

 

(3) "eligible mental health professional program" means a program that is located in Minnesota and is listed as a mental health professional training program by the appropriate accrediting body for clinical social work, psychology, marriage and family therapy, or licensed professional clinical counseling, or is a candidate for accreditation;

 

(4) "eligible physician assistant program" means a program that is located in Minnesota and is currently accredited as a physician assistant program by the Accreditation Review Commission on Education for the Physician Assistant, or is a candidate for accreditation;

 

(5) "eligible pharmacy program" means a program that is located in Minnesota and is currently accredited as a doctor of pharmacy program by the Accreditation Council on Pharmacy Education;

 

(6) "mental health professional" means an individual providing clinical services in the treatment of mental illness who meets one of the definitions in section 245.462, subdivision 18; and

 

(7) "project" means a project to establish or expand clinical training for physician assistants, advanced practice registered nurses, pharmacists, dental therapists, advanced dental therapists, or mental health professionals in Minnesota.

 

Subd. 2.  Program.  (a) The commissioner of health shall award health professional training site grants to eligible physician assistant, advanced practice registered nurse, pharmacy, dental therapy, and mental health professional programs to plan and implement expanded clinical training.  A planning grant shall not exceed $75,000, and a training grant shall not exceed $150,000 for the first year, $100,000 for the second year, and $50,000 for the third year per program.


Journal of the House - 41st Day - Wednesday, April 5, 2017 - Top of Page 4115

(b) Funds may be used for: