1.1.................... moves to amend H.F. No. 2294 as follows:
1.2Page 2, after line 25, insert:
1.3 "Sec. .... Minnesota Statutes 2011 Supplement, section 256I.05, subdivision 1a,
1.4is amended to read:
1.5 Subd. 1a.
Supplementary service rates. (a) Subject to the provisions of section
1.6256I.04, subdivision 3
, the county agency may negotiate a payment not to exceed $426.37
1.7for other services necessary to provide room and board provided by the group residence
1.8if the residence is licensed by or registered by the Department of Health, or licensed by
1.9the Department of Human Services to provide services in addition to room and board,
1.10and if the provider of services is not also concurrently receiving funding for services for
1.11a recipient under a home and community-based waiver under title XIX of the Social
1.12Security Act; or funding from the medical assistance program under section
256B.0659,
1.13for personal care services for residents in the setting; or residing in a setting which
1.14receives funding under Minnesota Rules, parts 9535.2000 to 9535.3000. If funding is
1.15available for other necessary services through a home and community-based waiver, or
1.16personal care services under section
256B.0659, then the GRH rate is limited to the rate
1.17set in subdivision 1. Unless otherwise provided in law, in no case may the supplementary
1.18service rate exceed $426.37. The registration and licensure requirement does not apply to
1.19establishments which are exempt from state licensure because they are located on Indian
1.20reservations and for which the tribe has prescribed health and safety requirements. Service
1.21payments under this section may be prohibited under rules to prevent the supplanting of
1.22federal funds with state funds. The commissioner shall pursue the feasibility of obtaining
1.23the approval of the Secretary of Health and Human Services to provide home and
1.24community-based waiver services under title XIX of the Social Security Act for residents
1.25who are not eligible for an existing home and community-based waiver due to a primary
1.26diagnosis of mental illness or chemical dependency and shall apply for a waiver if it is
1.27determined to be cost-effective.
2.1(b) The commissioner is authorized to make cost-neutral transfers from the GRH
2.2fund for beds under this section to other funding programs administered by the department
2.3after consultation with the county or counties in which the affected beds are located.
2.4The commissioner may also make cost-neutral transfers from the GRH fund to county
2.5human service agencies for beds permanently removed from the GRH census under a plan
2.6submitted by the county agency and approved by the commissioner. The commissioner
2.7shall report the amount of any transfers under this provision annually to the legislature.
2.8(c) The provisions of paragraph (b) do not apply to a facility that has its
2.9reimbursement rate established under section
256B.431, subdivision 4, paragraph (c).
2.10 (d) Counties must not negotiate supplementary service rates with providers of group
2.11residential housing that are licensed as board and lodging with special services and that
2.12do not encourage a policy of sobriety on their premises
and make referrals to available
2.13community services for volunteer and employment opportunities for residents."
2.14Renumber the sections in sequence and correct the internal references
2.15Amend the title accordingly