1.1.................... moves to amend H.F. No. 2294, the delete everything amendment (H2294DE2), as follows:1.3Delete everything after the enacting clause and insert:


1.6    Section 1. Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7,
1.7is amended to read:
1.8    Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an
1.9initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
1.102960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
1.119555.6265, under this chapter for a physical location that will not be the primary residence
1.12of the license holder for the entire period of licensure. If a license is issued during this
1.13moratorium, and the license holder changes the license holder's primary residence away
1.14from the physical location of the foster care license, the commissioner shall revoke the
1.15license according to section 245A.07. Exceptions to the moratorium include:
1.16(1) foster care settings that are required to be registered under chapter 144D;
1.17(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
1.18and determined to be needed by the commissioner under paragraph (b);
1.19(3) new foster care licenses determined to be needed by the commissioner under
1.20paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center, or
1.21restructuring of state-operated services that limits the capacity of state-operated facilities;
1.22(4) new foster care licenses determined to be needed by the commissioner under
1.23paragraph (b) for persons requiring hospital level care; or
1.24(5) new foster care licenses determined to be needed by the commissioner for the
1.25transition of people from personal care assistance to the home and community-based
1.26services.
2.1(b) The commissioner shall determine the need for newly licensed foster care homes
2.2as defined under this subdivision. As part of the determination, the commissioner shall
2.3consider the availability of foster care capacity in the area in which the licensee seeks to
2.4operate, and the recommendation of the local county board. The determination by the
2.5commissioner must be final. A determination of need is not required for a change in
2.6ownership at the same address.
2.7    (c) Residential settings that would otherwise be subject to the moratorium established
2.8in paragraph (a), that are in the process of receiving an adult or child foster care license as
2.9of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
2.10or child foster care license. For this paragraph, all of the following conditions must be met
2.11to be considered in the process of receiving an adult or child foster care license:
2.12    (1) participants have made decisions to move into the residential setting, including
2.13documentation in each participant's care plan;
2.14    (2) the provider has purchased housing or has made a financial investment in the
2.15property;
2.16    (3) the lead agency has approved the plans, including costs for the residential setting
2.17for each individual;
2.18    (4) the completion of the licensing process, including all necessary inspections, is
2.19the only remaining component prior to being able to provide services; and
2.20    (5) the needs of the individuals cannot be met within the existing capacity in that
2.21county.
2.22To qualify for the process under this paragraph, the lead agency must submit
2.23documentation to the commissioner by August 1, 2009, that all of the above criteria are
2.24met.
2.25(d) The commissioner shall study the effects of the license moratorium under this
2.26subdivision and shall report back to the legislature by January 15, 2011. This study shall
2.27include, but is not limited to the following:
2.28(1) the overall capacity and utilization of foster care beds where the physical location
2.29is not the primary residence of the license holder prior to and after implementation
2.30of the moratorium;
2.31(2) the overall capacity and utilization of foster care beds where the physical
2.32location is the primary residence of the license holder prior to and after implementation
2.33of the moratorium; and
2.34(3) the number of licensed and occupied ICF/MR beds prior to and after
2.35implementation of the moratorium.
3.1(e) When a foster care recipient moves out of a foster home that is not the primary
3.2residence of the license holder according to section 256B.49, subdivision 15, paragraph
3.3(f), the county shall immediately inform the Department of Human Services Licensing
3.4Division, and the department shall immediately decrease the statewide licensed capacity
3.5for the home foster care settings where the physical location is not the primary residence
3.6of the license holder. A decreased licensed capacity according to this paragraph is not
3.7subject to appeal under this chapter. A needs determination process, managed at the state
3.8level, with county input, will determine where the reduced capacity will occur.
3.9EFFECTIVE DATE.This section is effective the day following final enactment.

3.10    Sec. 2. Minnesota Statutes 2011 Supplement, section 245A.10, subdivision 3, is
3.11amended to read:
3.12    Subd. 3. Application fee for initial license or certification. (a) For fees required
3.13under subdivision 1, an applicant for an initial license or certification issued by the
3.14commissioner shall submit a $500 application fee with each new application required
3.15under this subdivision. The application fee shall not be prorated, is nonrefundable, and
3.16is in lieu of the annual license or certification fee that expires on December 31. The
3.17commissioner shall not process an application until the application fee is paid.
3.18(b) Except as provided in clauses (1) to (4), an applicant shall apply for a license
3.19to provide services at a specific location.
3.20(1) For a license to provide residential-based habilitation services to persons with
3.21developmental disabilities under chapter 245B, an applicant shall submit an application
3.22for each county in which the services will be provided. Upon licensure, the license
3.23holder may provide services to persons in that county plus no more than three persons
3.24at any one time in each of up to ten additional counties. A license holder in one county
3.25may not provide services under the home and community-based waiver for persons with
3.26developmental disabilities to more than three people in a second county without holding
3.27a separate license for that second county. Applicants or licensees providing services
3.28under this clause to not more than three persons remain subject to the inspection fees
3.29established in section 245A.10, subdivision 2, for each location. The license issued by
3.30the commissioner must state the name of each additional county where services are being
3.31provided to persons with developmental disabilities. A license holder must notify the
3.32commissioner before making any changes that would alter the license information listed
3.33under section 245A.04, subdivision 7, paragraph (a), including any additional counties
3.34where persons with developmental disabilities are being served.
4.1(2) For a license to provide supported employment, crisis respite, or
4.2semi-independent living services to persons with developmental disabilities under chapter
4.3245B, an applicant shall submit a single application to provide services statewide.
4.4(3) For a license to provide independent living assistance for youth under section
4.5245A.22 , an applicant shall submit a single application to provide services statewide.
4.6(4) For a license for a private agency to provide foster care or adoption services
4.7under Minnesota Rules, parts 9545.0755 to 9545.0845, an applicant shall submit a single
4.8application to provide services statewide.
4.9(c) Notwithstanding paragraphs (a) and (b), an applicant for an initial license
4.10issued by the commissioner to provide home and community-based services to persons
4.11with disabilities or persons age 65 and older under chapter 245D must submit a $585
4.12application fee with each new application as follows:
4.13(1) a single application for a license to provide one or more of the following services:
4.14housing access coordination; behavioral programming; specialist services; companion
4.15services; personal support; 24-hour emergency assistance, on-call and personal emergency
4.16response; night supervision; homemaker services, excluding providers licensed by the
4.17Department of Health under chapter 144A or those providers providing cleaning services
4.18only; respite; or independent living skills training;
4.19(2) a single application for a license to provide structured day or prevocational
4.20services; or
4.21(3) a single application for a license to provide supported employment.
4.22(d) The initial application fee charged under this subdivision does not include the
4.23temporary license surcharge under section 16E.22.
4.24EFFECTIVE DATE.This section is effective July 1, 2012.

4.25    Sec. 3. Minnesota Statutes 2011 Supplement, section 245A.10, subdivision 4, is
4.26amended to read:
4.27    Subd. 4. License or certification fee for certain programs. (a) Child care centers
4.28shall pay an annual nonrefundable license fee based on the following schedule:

4.29 4.30		Licensed Capacity	Child Care Center License Fee
4.31		1 to 24 persons	$200
4.32		25 to 49 persons	$300
4.33		50 to 74 persons	$400
4.34		75 to 99 persons	$500
4.35		100 to 124 persons	$600
4.36		125 to 149 persons	$700
5.1		150 to 174 persons	$800
5.2		175 to 199 persons	$900
5.3		200 to 224 persons	$1,000
5.4		225 or more persons	$1,100

5.5    (b) A program licensed to provide day training and habilitation program serving
5.6services to persons with developmental disabilities under chapter 245B or related
5.7conditions structured day or prevocational services to persons with disabilities under
5.8chapter 245D, shall pay an annual nonrefundable license fee based on the following
5.9schedule:

5.10		Licensed Capacity	License Fee
5.11		1 to 24 persons	$800
5.12		25 to 49 persons	$1,000
5.13		50 to 74 persons	$1,200
5.14		75 to 99 persons	$1,400
5.15		100 to 124 persons	$1,600
5.16		125 to 149 persons	$1,800
5.17		150 or more persons	$2,000

5.18(1) Except as provided in paragraph (c) clause (2), when a day training and
5.19habilitation program serves more than 50 percent of the same persons in two or more
5.20locations in a community, the day training and habilitation program shall pay a license
5.21fee based on the licensed capacity of the largest facility and the other facility or facilities
5.22shall be charged a an annual, nonrefundable license fee based on a licensed capacity of a
5.23residential program serving one to 24 persons.
5.24    (c) When (2) A day training and habilitation program serving persons with
5.25developmental disabilities or related conditions seeks a single license allowed under
5.26section 245B.07, subdivision 12, clause (2) or (3), the must be charged an annual,
5.27nonrefundable licensing fee must be based on the combined licensed capacity for each
5.28location.
5.29(3) A program providing services in community-based settings only and not in
5.30a licensed facility, must pay an annual, nonrefundable license fee based on a licensed
5.31capacity of one to 24 persons.
5.32(4) A program licensed to provide day training and habilitation services to persons
5.33with developmental disabilities under chapter 245B and structured day or prevocational
5.34services to persons with disabilities under chapter 245D must pay a single annual,
5.35nonrefundable license fee based on the combined license capacity of all services.
6.1(d) (c) A program licensed to provide supported employment services to persons
6.2with developmental disabilities under chapter 245B or to persons with disabilities under
6.3chapter 245D shall pay an annual nonrefundable license fee of $650.
6.4(e) (d) A program licensed to provide crisis respite services to persons with
6.5developmental disabilities under chapter 245B shall pay an annual nonrefundable license
6.6fee of $700.
6.7(f) (e) A program licensed to provide semi-independent living services to persons
6.8with developmental disabilities under chapter 245B shall pay an annual nonrefundable
6.9license fee of $700.
6.10(g) (f) A program licensed to provide residential-based habilitation services under
6.11the home and community-based waiver for persons with developmental disabilities shall
6.12pay an annual license fee that includes a base rate of $690 plus $60 times the number of
6.13clients served on the first day of July of the current license year.
6.14(g) A program licensed to provide housing access coordination; behavioral
6.15programming; specialist services; companion services; personal support; 24-hour
6.16emergency assistance, on-call and personal emergency response; night supervision;
6.17homemaker services, excluding providers licensed by the Department of Health under
6.18chapter 144A or those providers providing cleaning services only; respite; or independent
6.19living skills training; for persons with disabilities or persons age 65 and older under
6.20chapter 245D must pay an annual nonrefundable license fee of $750.
6.21(h) A residential program certified by the Department of Health as an intermediate
6.22care facility for persons with developmental disabilities (ICF/MR) (ICF/DD) and a
6.23noncertified residential program licensed to provide health or rehabilitative services for
6.24persons with developmental disabilities shall pay an annual nonrefundable license fee
6.25based on the following schedule:

6.26		Licensed Capacity	License Fee
6.27		1 to 24 persons	$535
6.28		25 to 49 persons	$735
6.29		50 or more persons	$935

6.30(i) A chemical dependency treatment program licensed under Minnesota Rules, parts
6.319530.6405 to 9530.6505, to provide chemical dependency treatment shall pay an annual
6.32nonrefundable license fee based on the following schedule:

6.33		Licensed Capacity	License Fee
6.34		1 to 24 persons	$600
6.35		25 to 49 persons	$800
6.36		50 to 74 persons	$1,000
7.1		75 to 99 persons	$1,200
7.2		100 or more persons	$1,400

7.3(j) A chemical dependency program licensed under Minnesota Rules, parts
7.49530.6510 to 9530.6590, to provide detoxification services shall pay an annual
7.5nonrefundable license fee based on the following schedule:

7.6		Licensed Capacity	License Fee
7.7		1 to 24 persons	$760
7.8		25 to 49 persons	$960
7.9		50 or more persons	$1,160

7.10(k) Except for child foster care, a residential facility licensed under Minnesota
7.11Rules, chapter 2960, to serve children shall pay an annual nonrefundable license fee
7.12based on the following schedule:

7.13		Licensed Capacity	License Fee
7.14		1 to 24 persons	$1,000
7.15		25 to 49 persons	$1,100
7.16		50 to 74 persons	$1,200
7.17		75 to 99 persons	$1,300
7.18		100 or more persons	$1,400

7.19(l) A residential facility licensed under Minnesota Rules, parts 9520.0500 to
7.209520.0670, to serve persons with mental illness shall pay an annual nonrefundable license
7.21fee based on the following schedule:

7.22		Licensed Capacity	License Fee
7.23		1 to 24 persons	$2,525
7.24		25 or more persons	$2,725

7.25(m) A residential facility licensed under Minnesota Rules, parts 9570.2000 to
7.269570.3400, to serve persons with physical disabilities shall pay an annual nonrefundable
7.27license fee based on the following schedule:

7.28		Licensed Capacity	License Fee
7.29		1 to 24 persons	$450
7.30		25 to 49 persons	$650
7.31		50 to 74 persons	$850
7.32		75 to 99 persons	$1,050
7.33		100 or more persons	$1,250

7.34(n) A program licensed to provide independent living assistance for youth under
7.35section 245A.22 shall pay an annual nonrefundable license fee of $1,500.
8.1(o) A private agency licensed to provide foster care and adoption services under
8.2Minnesota Rules, parts 9545.0755 to 9545.0845, shall pay an annual nonrefundable
8.3license fee of $875.
8.4(p) A program licensed as an adult day care center licensed under Minnesota Rules,
8.5parts 9555.9600 to 9555.9730, shall pay an annual nonrefundable license fee based on
8.6the following schedule:

8.7		Licensed Capacity	License Fee
8.8		1 to 24 persons	$500
8.9		25 to 49 persons	$700
8.10		50 to 74 persons	$900
8.11		75 to 99 persons	$1,100
8.12		100 or more persons	$1,300

8.13(q) A program licensed to provide treatment services to persons with sexual
8.14psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts
8.159515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.
8.16(r) A mental health center or mental health clinic requesting certification for
8.17purposes of insurance and subscriber contract reimbursement under Minnesota Rules,
8.18parts 9520.0750 to 9520.0870, shall pay a certification fee of $1,550 per year. If the
8.19mental health center or mental health clinic provides services at a primary location with
8.20satellite facilities, the satellite facilities shall be certified with the primary location without
8.21an additional charge.
8.22(s) The annual license fee charged under this subdivision does not include the
8.23temporary licensing surcharge under section 16E.22.
8.24EFFECTIVE DATE.This section is effective July 1, 2012.

8.25    Sec. 4. Minnesota Statutes 2010, section 256B.056, subdivision 1a, is amended to read:
8.26    Subd. 1a. Income and assets generally. Unless specifically required by state
8.27law or rule or federal law or regulation, the methodologies used in counting income
8.28and assets to determine eligibility for medical assistance for persons whose eligibility
8.29category is based on blindness, disability, or age of 65 or more years, the methodologies
8.30for the supplemental security income program shall be used, except as provided under
8.31subdivision 3, paragraph (a), clause (6). Increases in benefits under title II of the Social
8.32Security Act shall not be counted as income for purposes of this subdivision until July 1 of
8.33each year. Effective upon federal approval, for children eligible under section 256B.055,
8.34subdivision 12 , or for home and community-based waiver services whose eligibility
8.35for medical assistance is determined without regard to parental income, child support
9.1payments, including any payments made by an obligor in satisfaction of or in addition
9.2to a temporary or permanent order for child support, and Social Security payments are
9.3not counted as income. For families and children, which includes all other eligibility
9.4categories, the methodologies under the state's AFDC plan in effect as of July 16, 1996, as
9.5required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
9.6(PRWORA), Public Law 104-193, shall be used, except that effective October 1, 2003, the
9.7earned income disregards and deductions are limited to those in subdivision 1c. For these
9.8purposes, a "methodology" does not include an asset or income standard, or accounting
9.9method, or method of determining effective dates.
9.10EFFECTIVE DATE.This section is effective April 1, 2012.

9.11    Sec. 5. Minnesota Statutes 2011 Supplement, section 256B.056, subdivision 3, is
9.12amended to read:
9.13    Subd. 3. Asset limitations for individuals and families. (a) To be eligible for
9.14medical assistance, a person must not individually own more than $3,000 in assets, or if a
9.15member of a household with two family members, husband and wife, or parent and child,
9.16the household must not own more than $6,000 in assets, plus $200 for each additional
9.17legal dependent. In addition to these maximum amounts, an eligible individual or family
9.18may accrue interest on these amounts, but they must be reduced to the maximum at the
9.19time of an eligibility redetermination. The accumulation of the clothing and personal
9.20needs allowance according to section 256B.35 must also be reduced to the maximum at
9.21the time of the eligibility redetermination. The value of assets that are not considered in
9.22determining eligibility for medical assistance is the value of those assets excluded under
9.23the supplemental security income program for aged, blind, and disabled persons, with
9.24the following exceptions:
9.25(1) household goods and personal effects are not considered;
9.26(2) capital and operating assets of a trade or business that the local agency determines
9.27are necessary to the person's ability to earn an income are not considered;
9.28(3) motor vehicles are excluded to the same extent excluded by the supplemental
9.29security income program;
9.30(4) assets designated as burial expenses are excluded to the same extent excluded by
9.31the supplemental security income program. Burial expenses funded by annuity contracts
9.32or life insurance policies must irrevocably designate the individual's estate as contingent
9.33beneficiary to the extent proceeds are not used for payment of selected burial expenses; and
9.34(5) for a person who no longer qualifies as an employed person with a disability due
9.35to loss of earnings, assets allowed while eligible for medical assistance under section
10.1256B.057, subdivision 9 , are not considered for 12 months, beginning with the first month
10.2of ineligibility as an employed person with a disability, to the extent that the person's total
10.3assets remain within the allowed limits of section 256B.057, subdivision 9, paragraph
10.4(d).; and
10.5(6) when a person enrolled in medical assistance under section 256B.057, subdivision
10.69, is age 65 or older and has been enrolled during each of the 24 consecutive months
10.7before the person's 65th birthday, the assets owned by the person and the person's spouse
10.8must be disregarded, up to the limits of section 256B.057, subdivision 9, paragraph (d),
10.9when determining eligibility for medical assistance under section 256B.055, subdivision
10.107. The income of a spouse of a person enrolled in medical assistance under section
10.11256B.057, subdivision 9, during each of the 24 consecutive months before the person's
10.1265th birthday must be disregarded when determining eligibility for medical assistance
10.13under section 256B.055, subdivision 7. Persons eligible under this clause are not subject to
10.14the provisions in section 256B.059. A person whose 65th birthday occurs in 2012 or 2013
10.15is required to have qualified for medical assistance under section 256B.057, subdivision 9,
10.16prior to age 65 for at least 20 months in the 24 months prior to reaching age 65.
10.17(b) No asset limit shall apply to persons eligible under section 256B.055, subdivision
10.1815.
10.19EFFECTIVE DATE.This section is effective April 1, 2012.

10.20    Sec. 6. Minnesota Statutes 2011 Supplement, section 256B.057, subdivision 9, is
10.21amended to read:
10.22    Subd. 9. Employed persons with disabilities. (a) Medical assistance may be paid
10.23for a person who is employed and who:
10.24(1) but for excess earnings or assets, meets the definition of disabled under the
10.25Supplemental Security Income program;
10.26(2) is at least 16 but less than 65 years of age;
10.27(3) meets the asset limits in paragraph (d); and
10.28(4) (3) pays a premium and other obligations under paragraph (e).
10.29    (b) For purposes of eligibility, there is a $65 earned income disregard. To be eligible
10.30for medical assistance under this subdivision, a person must have more than $65 of earned
10.31income. Earned income must have Medicare, Social Security, and applicable state and
10.32federal taxes withheld. The person must document earned income tax withholding. Any
10.33spousal income or assets shall be disregarded for purposes of eligibility and premium
10.34determinations.
11.1(c) After the month of enrollment, a person enrolled in medical assistance under
11.2this subdivision who:
11.3(1) is temporarily unable to work and without receipt of earned income due to a
11.4medical condition, as verified by a physician; or
11.5(2) loses employment for reasons not attributable to the enrollee, and is without
11.6receipt of earned income may retain eligibility for up to four consecutive months after the
11.7month of job loss. To receive a four-month extension, enrollees must verify the medical
11.8condition or provide notification of job loss. All other eligibility requirements must be met
11.9and the enrollee must pay all calculated premium costs for continued eligibility.
11.10(d) For purposes of determining eligibility under this subdivision, a person's assets
11.11must not exceed $20,000, excluding:
11.12(1) all assets excluded under section 256B.056;
11.13(2) retirement accounts, including individual accounts, 401(k) plans, 403(b) plans,
11.14Keogh plans, and pension plans;
11.15(3) medical expense accounts set up through the person's employer; and
11.16(4) spousal assets, including spouse's share of jointly held assets.
11.17(e) All enrollees must pay a premium to be eligible for medical assistance under this
11.18subdivision, except as provided under section 256.01, subdivision 18b.
11.19(1) An enrollee must pay the greater of a $65 premium or the premium calculated
11.20based on the person's gross earned and unearned income and the applicable family size
11.21using a sliding fee scale established by the commissioner, which begins at one percent of
11.22income at 100 percent of the federal poverty guidelines and increases to 7.5 percent of
11.23income for those with incomes at or above 300 percent of the federal poverty guidelines.
11.24(2) Annual adjustments in the premium schedule based upon changes in the federal
11.25poverty guidelines shall be effective for premiums due in July of each year.
11.26(3) All enrollees who receive unearned income must pay five percent of unearned
11.27income in addition to the premium amount, except as provided under section 256.01,
11.28subdivision 18b .
11.29(4) Increases in benefits under title II of the Social Security Act shall not be counted
11.30as income for purposes of this subdivision until July 1 of each year.
11.31(f) A person's eligibility and premium shall be determined by the local county
11.32agency. Premiums must be paid to the commissioner. All premiums are dedicated to
11.33the commissioner.
11.34(g) Any required premium shall be determined at application and redetermined at
11.35the enrollee's six-month income review or when a change in income or household size is
11.36reported. Enrollees must report any change in income or household size within ten days
12.1of when the change occurs. A decreased premium resulting from a reported change in
12.2income or household size shall be effective the first day of the next available billing month
12.3after the change is reported. Except for changes occurring from annual cost-of-living
12.4increases, a change resulting in an increased premium shall not affect the premium amount
12.5until the next six-month review.
12.6(h) Premium payment is due upon notification from the commissioner of the
12.7premium amount required. Premiums may be paid in installments at the discretion of
12.8the commissioner.
12.9(i) Nonpayment of the premium shall result in denial or termination of medical
12.10assistance unless the person demonstrates good cause for nonpayment. Good cause exists
12.11if the requirements specified in Minnesota Rules, part 9506.0040, subpart 7, items B to
12.12D, are met. Except when an installment agreement is accepted by the commissioner,
12.13all persons disenrolled for nonpayment of a premium must pay any past due premiums
12.14as well as current premiums due prior to being reenrolled. Nonpayment shall include
12.15payment with a returned, refused, or dishonored instrument. The commissioner may
12.16require a guaranteed form of payment as the only means to replace a returned, refused,
12.17or dishonored instrument.
12.18(j) The commissioner shall notify enrollees annually beginning at least 24 months
12.19before the person's 65th birthday of the medical assistance eligibility rules affecting
12.20income, assets, and treatment of a spouse's income and assets that will be applied upon
12.21reaching age 65.
12.22(k) For enrollees whose income does not exceed 200 percent of the federal poverty
12.23guidelines and who are also enrolled in Medicare, the commissioner shall reimburse
12.24the enrollee for Medicare part B premiums under section 256B.0625, subdivision 15,
12.25paragraph (a).
12.26EFFECTIVE DATE.This section is effective April 1, 2012.

12.27    Sec. 7. Minnesota Statutes 2011 Supplement, section 256B.06, subdivision 4, is
12.28amended to read:
12.29    Subd. 4. Citizenship requirements. (a) Eligibility for medical assistance is limited
12.30to citizens of the United States, qualified noncitizens as defined in this subdivision, and
12.31other persons residing lawfully in the United States. Citizens or nationals of the United
12.32States must cooperate in obtaining satisfactory documentary evidence of citizenship or
12.33nationality according to the requirements of the federal Deficit Reduction Act of 2005,
12.34Public Law 109-171.
13.1(b) "Qualified noncitizen" means a person who meets one of the following
13.2immigration criteria:
13.3(1) admitted for lawful permanent residence according to United States Code, title 8;
13.4(2) admitted to the United States as a refugee according to United States Code,
13.5title 8, section 1157;
13.6(3) granted asylum according to United States Code, title 8, section 1158;
13.7(4) granted withholding of deportation according to United States Code, title 8,
13.8section 1253(h);
13.9(5) paroled for a period of at least one year according to United States Code, title 8,
13.10section 1182(d)(5);
13.11(6) granted conditional entrant status according to United States Code, title 8,
13.12section 1153(a)(7);
13.13(7) determined to be a battered noncitizen by the United States Attorney General
13.14according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
13.15title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
13.16(8) is a child of a noncitizen determined to be a battered noncitizen by the United
13.17States Attorney General according to the Illegal Immigration Reform and Immigrant
13.18Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill,
13.19Public Law 104-200; or
13.20(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
13.21Law 96-422, the Refugee Education Assistance Act of 1980.
13.22(c) All qualified noncitizens who were residing in the United States before August
13.2322, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for
13.24medical assistance with federal financial participation.
13.25(d) Beginning December 1, 1996, qualified noncitizens who entered the United
13.26States on or after August 22, 1996, and who otherwise meet the eligibility requirements
13.27of this chapter are eligible for medical assistance with federal participation for five years
13.28if they meet one of the following criteria:
13.29(1) refugees admitted to the United States according to United States Code, title 8,
13.30section 1157;
13.31(2) persons granted asylum according to United States Code, title 8, section 1158;
13.32(3) persons granted withholding of deportation according to United States Code,
13.33title 8, section 1253(h);
13.34(4) veterans of the United States armed forces with an honorable discharge for
13.35a reason other than noncitizen status, their spouses and unmarried minor dependent
13.36children; or
14.1(5) persons on active duty in the United States armed forces, other than for training,
14.2their spouses and unmarried minor dependent children.
14.3 Beginning July 1, 2010, children and pregnant women who are noncitizens
14.4described in paragraph (b) or who are lawfully present in the United States as defined
14.5in Code of Federal Regulations, title 8, section 103.12, and who otherwise meet
14.6eligibility requirements of this chapter, are eligible for medical assistance with federal
14.7financial participation as provided by the federal Children's Health Insurance Program
14.8Reauthorization Act of 2009, Public Law 111-3.
14.9(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter
14.10are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this
14.11subdivision, a "nonimmigrant" is a person in one of the classes listed in United States
14.12Code, title 8, section 1101(a)(15).
14.13(f) Payment shall also be made for care and services that are furnished to noncitizens,
14.14regardless of immigration status, who otherwise meet the eligibility requirements of
14.15this chapter, if such care and services are necessary for the treatment of an emergency
14.16medical condition.
14.17(g) For purposes of this subdivision, the term "emergency medical condition" means
14.18a medical condition that meets the requirements of United States Code, title 42, section
14.191396b(v).
14.20(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment
14.21of an emergency medical condition are limited to the following:
14.22(i) services delivered in an emergency room or by an ambulance service licensed
14.23under chapter 144E that are directly related to the treatment of an emergency medical
14.24condition;
14.25(ii) services delivered in an inpatient hospital setting following admission from an
14.26emergency room or clinic for an acute emergency condition; and
14.27(iii) follow-up services that are directly related to the original service provided to
14.28treat the emergency medical condition and are covered by the global payment made to
14.29the provider.;
14.30(iv) administration of dialysis services provided in a hospital or freestanding dialysis
14.31facility; or
14.32(v) surgery and administration of chemotherapy, radiation, and related services
14.33necessary to treat cancer provided to recipients with a diagnosis of cancer that is not in
14.34remission and requires surgery, chemotherapy, or radiation treatment.
15.1    (2) Services for the treatment of emergency medical conditions do not include the
15.2following unless the services are part of the treatment plan for a recipient with a cancer
15.3diagnosis and are directly related to cancer treatment as in clause (1), item (v):
15.4(i) services delivered in an emergency room or inpatient setting to treat a
15.5nonemergency condition;
15.6(ii) organ transplants, stem cell transplants, and related care;
15.7(iii) services for routine prenatal care;
15.8(iv) continuing care, including long-term care, nursing facility services, home health
15.9care, adult day care, day training, or supportive living services;
15.10(v) elective surgery;
15.11(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as
15.12part of an emergency room visit;
15.13(vii) preventative health care and family planning services;
15.14(viii) dialysis;
15.15(ix) chemotherapy or therapeutic radiation services;
15.16(x) (viii) rehabilitation services;
15.17(xi) (ix) physical, occupational, or speech therapy;
15.18(xii) (x) transportation services;
15.19(xiii) (xi) case management;
15.20(xiv) (xii) prosthetics, orthotics, durable medical equipment, or medical supplies;
15.21(xv) (xiii) dental services;
15.22(xvi) (xiv) hospice care;
15.23(xvii) (xv) audiology services and hearing aids;
15.24(xviii) (xvi) podiatry services;
15.25(xix) (xvii) chiropractic services;
15.26(xx) (xviii) immunizations;
15.27(xxi) (xix) vision services and eyeglasses;
15.28(xxii) (xx) waiver services;
15.29(xxiii) (xxi) individualized education programs; or
15.30(xxiv) (xxii) chemical dependency treatment.
15.31(i) Beginning July 1, 2009, pregnant noncitizens who are undocumented,
15.32nonimmigrants, or lawfully present in the United States as defined in Code of Federal
15.33Regulations, title 8, section 103.12, are not covered by a group health plan or health
15.34insurance coverage according to Code of Federal Regulations, title 42, section 457.310,
15.35and who otherwise meet the eligibility requirements of this chapter, are eligible for
15.36medical assistance through the period of pregnancy, including labor and delivery, and 60
16.1days postpartum, to the extent federal funds are available under title XXI of the Social
16.2Security Act, and the state children's health insurance program.
16.3(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation
16.4services from a nonprofit center established to serve victims of torture and are otherwise
16.5ineligible for medical assistance under this chapter are eligible for medical assistance
16.6without federal financial participation. These individuals are eligible only for the period
16.7during which they are receiving services from the center. Individuals eligible under this
16.8paragraph shall not be required to participate in prepaid medical assistance.
16.9EFFECTIVE DATE.This section is effective the day following final enactment.

16.10    Sec. 8. Minnesota Statutes 2011 Supplement, section 256B.0659, subdivision 11,
16.11is amended to read:
16.12    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant
16.13must meet the following requirements:
16.14    (1) be at least 18 years of age with the exception of persons who are 16 or 17 years
16.15of age with these additional requirements:
16.16    (i) supervision by a qualified professional every 60 days; and
16.17    (ii) employment by only one personal care assistance provider agency responsible
16.18for compliance with current labor laws;
16.19    (2) be employed by a personal care assistance provider agency;
16.20    (3) enroll with the department as a personal care assistant after clearing a background
16.21study. Except as provided in subdivision 11a, before a personal care assistant provides
16.22services, the personal care assistance provider agency must initiate a background study on
16.23the personal care assistant under chapter 245C, and the personal care assistance provider
16.24agency must have received a notice from the commissioner that the personal care assistant
16.25is:
16.26    (i) not disqualified under section 245C.14; or
16.27    (ii) is disqualified, but the personal care assistant has received a set aside of the
16.28disqualification under section 245C.22;
16.29    (4) be able to effectively communicate with the recipient and personal care
16.30assistance provider agency;
16.31    (5) be able to provide covered personal care assistance services according to the
16.32recipient's personal care assistance care plan, respond appropriately to recipient needs,
16.33and report changes in the recipient's condition to the supervising qualified professional
16.34or physician;
16.35    (6) not be a consumer of personal care assistance services;
17.1    (7) maintain daily written records including, but not limited to, time sheets under
17.2subdivision 12;
17.3    (8) effective January 1, 2010, complete standardized training as determined
17.4by the commissioner before completing enrollment. The training must be available
17.5in languages other than English and to those who need accommodations due to
17.6disabilities. Personal care assistant training must include successful completion of the
17.7following training components: basic first aid, vulnerable adult, child maltreatment,
17.8OSHA universal precautions, basic roles and responsibilities of personal care assistants
17.9including information about assistance with lifting and transfers for recipients, emergency
17.10preparedness, orientation to positive behavioral practices, fraud issues, and completion of
17.11time sheets. Upon completion of the training components, the personal care assistant must
17.12demonstrate the competency to provide assistance to recipients;
17.13    (9) complete training and orientation on the needs of the recipient within the first
17.14seven days after the services begin; and
17.15    (10) be limited to providing and being paid for up to 275 hours per month, except
17.16that this limit shall be 275 hours per month for the period July 1, 2009, through June 30,
17.172011, of personal care assistance services regardless of the number of recipients being
17.18served or the number of personal care assistance provider agencies enrolled with. The
17.19number of hours worked per day shall not be disallowed by the department unless in
17.20violation of the law.
17.21    (b) A legal guardian may be a personal care assistant if the guardian is not being paid
17.22for the guardian services and meets the criteria for personal care assistants in paragraph (a).
17.23    (c) Persons who do not qualify as a personal care assistant include parents and
17.24stepparents of minors, spouses, paid legal guardians, family foster care providers, except
17.25as otherwise allowed in section 256B.0625, subdivision 19a, or staff of a residential
17.26setting. When the personal care assistant is a relative of the recipient, the commissioner
17.27shall pay 80 percent of the provider rate. For purposes of this section, relative means the
17.28parent or adoptive parent of an adult child, a sibling aged 16 years or older, an adult child,
17.29a grandparent, or a grandchild.
17.30EFFECTIVE DATE.This section is effective July 1, 2012.

17.31    Sec. 9. Minnesota Statutes 2011 Supplement, section 256B.0659, subdivision 28,
17.32is amended to read:
17.33    Subd. 28. Personal care assistance provider agency; required documentation.
17.34(a) Required documentation must be completed and kept in the personal care assistance
18.1provider agency file or the recipient's home residence. The required documentation
18.2consists of:
18.3(1) employee files, including:
18.4(i) applications for employment;
18.5(ii) background study requests and results;
18.6(iii) orientation records about the agency policies;
18.7(iv) trainings completed with demonstration of competence;
18.8(v) supervisory visits;
18.9(vi) evaluations of employment; and
18.10(vii) signature on fraud statement;
18.11(2) recipient files, including:
18.12(i) demographics;
18.13(ii) emergency contact information and emergency backup plan;
18.14(iii) personal care assistance service plan;
18.15(iv) personal care assistance care plan;
18.16(v) month-to-month service use plan;
18.17(vi) all communication records;
18.18(vii) start of service information, including the written agreement with recipient; and
18.19(viii) date the home care bill of rights was given to the recipient;
18.20(3) agency policy manual, including:
18.21(i) policies for employment and termination;
18.22(ii) grievance policies with resolution of consumer grievances;
18.23(iii) staff and consumer safety;
18.24(iv) staff misconduct; and
18.25(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
18.26resolution of consumer grievances;
18.27(4) time sheets for each personal care assistant along with completed activity sheets
18.28for each recipient served; and
18.29(5) agency marketing and advertising materials and documentation of marketing
18.30activities and costs; and.
18.31(6) for each personal care assistant, whether or not the personal care assistant is
18.32providing care to a relative as defined in subdivision 11.
18.33(b) The commissioner may assess a fine of up to $500 on provider agencies that do
18.34not consistently comply with the requirements of this subdivision.
18.35EFFECTIVE DATE.This section is effective July 1, 2012.

19.1    Sec. 10. Minnesota Statutes 2011 Supplement, section 256B.49, subdivision 15,
19.2is amended to read:
19.3    Subd. 15. Individualized service plan; comprehensive transitional service plan;
19.4maintenance service plan. (a) Each recipient of home and community-based waivered
19.5services shall be provided a copy of the written service plan which:
19.6(1) is developed and signed by the recipient within ten working days of the
19.7completion of the assessment;
19.8(2) meets the assessed needs of the recipient;
19.9(3) reasonably ensures the health and safety of the recipient;
19.10(4) promotes independence;
19.11(5) allows for services to be provided in the most integrated settings; and
19.12(6) provides for an informed choice, as defined in section 256B.77, subdivision 2,
19.13paragraph (p), of service and support providers.
19.14(b) In developing the comprehensive transitional service plan, the individual
19.15receiving services, the case manager, and the guardian, if applicable, will identify
19.16the transitional service plan fundamental service outcome and anticipated timeline to
19.17achieve this outcome. Within the first 20 days following a recipient's request for an
19.18assessment or reassessment, the transitional service planning team must be identified. A
19.19team leader must be identified who will be responsible for assigning responsibility and
19.20communicating with team members to ensure implementation of the transition plan and
19.21ongoing assessment and communication process. The team leader should be an individual,
19.22such as the case manager or guardian, who has the opportunity to follow the recipient to
19.23the next level of service.
19.24Within ten days following an assessment, a comprehensive transitional service plan
19.25must be developed incorporating elements of a comprehensive functional assessment and
19.26including short-term measurable outcomes and timelines for achievement of and reporting
19.27on these outcomes. Functional milestones must also be identified and reported according
19.28to the timelines agreed upon by the transitional service planning team. In addition, the
19.29comprehensive transitional service plan must identify additional supports that may assist
19.30in the achievement of the fundamental service outcome such as the development of greater
19.31natural community support, increased collaboration among agencies, and technological
19.32supports.
19.33The timelines for reporting on functional milestones will prompt a reassessment of
19.34services provided, the units of services, rates, and appropriate service providers. It is
19.35the responsibility of the transitional service planning team leader to review functional
19.36milestone reporting to determine if the milestones are consistent with observable skills
20.1and that milestone achievement prompts any needed changes to the comprehensive
20.2transitional service plan.
20.3For those whose fundamental transitional service outcome involves the need to
20.4procure housing, a plan for the recipient to seek the resources necessary to secure the least
20.5restrictive housing possible should be incorporated into the plan, including employment
20.6and public supports such as housing access and shelter needy funding.
20.7(c) Counties and other agencies responsible for funding community placement and
20.8ongoing community supportive services are responsible for the implementation of the
20.9comprehensive transitional service plans. Oversight responsibilities include both ensuring
20.10effective transitional service delivery and efficient utilization of funding resources.
20.11(d) Following one year of transitional services, the transitional services planning
20.12team will make a determination as to whether or not the individual receiving services
20.13requires the current level of continuous and consistent support in order to maintain the
20.14recipient's current level of functioning. Recipients who are determined to have not had
20.15a significant change in functioning for 12 months must move from a transitional to a
20.16maintenance service plan. Recipients on a maintenance service plan must be reassessed
20.17to determine if the recipient would benefit from a transitional service plan at least every
20.1812 months and at other times when there has been a significant change in the recipient's
20.19functioning. This assessment should consider any changes to technological or natural
20.20community supports.
20.21(e) When a county is evaluating denials, reductions, or terminations of home and
20.22community-based services under section 256B.49 for an individual, the case manager
20.23shall offer to meet with the individual or the individual's guardian in order to discuss the
20.24prioritization of service needs within the individualized service plan, comprehensive
20.25transitional service plan, or maintenance service plan. The reduction in the authorized
20.26services for an individual due to changes in funding for waivered services may not exceed
20.27the amount needed to ensure medically necessary services to meet the individual's health,
20.28safety, and welfare.
20.29(f) At the time of reassessment, local agency case managers shall assess each
20.30recipient of community alternatives for disabled individuals or traumatic brain injury
20.31waivered services currently residing in a licensed adult foster home that is not the primary
20.32residence of the license holder, or in which the license holder is not the primary caregiver,
20.33to determine if that recipient could appropriately be served in a community-living setting.
20.34If appropriate for the recipient, the case manager shall offer the recipient, through a
20.35person-centered planning process, the option to receive alternative housing and service
20.36options. In the event that the recipient chooses to transfer from the adult foster home,
21.1the vacated bed shall not be filled with another recipient of waiver services and group
21.2residential housing, unless provided under section 245A.03, subdivision 7, paragraph (a),
21.3clauses (3) and (4), and the statewide licensed capacity shall be reduced accordingly. If
21.4the adult foster home becomes no longer viable due to these transfers, the county agency,
21.5with the assistance of the department, shall facilitate a consolidation of settings or closure.
21.6This reassessment process shall be completed by June 30, 2012 2013. The results of the
21.7assessments will be used in the statewide needs determination process. Implementation of
21.8the statewide licensed capacity reduction will begin on July 1, 2013.
21.9EFFECTIVE DATE.This section is effective the day following final enactment.

21.10    Sec. 11. Minnesota Statutes 2011 Supplement, section 256B.69, subdivision 5c,
21.11is amended to read:
21.12    Subd. 5c. Medical education and research fund. (a) The commissioner of human
21.13services shall transfer each year to the medical education and research fund established
21.14under section 62J.692, an amount specified in this subdivision. The commissioner shall
21.15calculate the following:
21.16(1) an amount equal to the reduction in the prepaid medical assistance payments as
21.17specified in this clause. Until January 1, 2002, the county medical assistance capitation
21.18base rate prior to plan specific adjustments and after the regional rate adjustments under
21.19subdivision 5b is reduced 6.3 percent for Hennepin County, two percent for the remaining
21.20metropolitan counties, and no reduction for nonmetropolitan Minnesota counties; and after
21.21January 1, 2002, the county medical assistance capitation base rate prior to plan specific
21.22adjustments is reduced 6.3 percent for Hennepin County, two percent for the remaining
21.23metropolitan counties, and 1.6 percent for nonmetropolitan Minnesota counties. Nursing
21.24facility and elderly waiver payments and demonstration project payments operating
21.25under subdivision 23 are excluded from this reduction. The amount calculated under
21.26this clause shall not be adjusted for periods already paid due to subsequent changes to
21.27the capitation payments;
21.28(2) beginning July 1, 2003, $4,314,000 from the capitation rates paid under this
21.29section;
21.30(3) beginning July 1, 2002, an additional $12,700,000 from the capitation rates
21.31paid under this section; and
21.32(4) beginning July 1, 2003, an additional $4,700,000 from the capitation rates paid
21.33under this section.
21.34(b) This subdivision shall be effective upon approval of a federal waiver which
21.35allows federal financial participation in the medical education and research fund. The
22.1amount specified under paragraph (a), clauses (1) to (4), shall not exceed the total amount
22.2transferred for fiscal year 2009. Any excess shall first reduce the amounts specified under
22.3paragraph (a), clauses (2) to (4). Any excess following this reduction shall proportionally
22.4reduce the amount specified under paragraph (a), clause (1).
22.5(c) Beginning September 1, 2011, of the amount in paragraph (a), the commissioner
22.6shall transfer $21,714,000 each fiscal year to the medical education and research fund.
22.7(d) Beginning September 1, 2011, Of the amount in paragraph (a), and following
22.8the transfer under paragraph (c), the commissioner shall transfer to the medical education
22.9research fund $23,936,000 in fiscal years year 2012 and 2013 and $36,744,000 in fiscal
22.10year 2014 and thereafter 2013.
22.11EFFECTIVE DATE.This section is effective the day following final enactment.

22.12    Sec. 12. Laws 2011, First Special Session chapter 9, article 7, section 52, is amended to
22.13read:
22.14    Sec. 52. IMPLEMENT NURSING HOME LEVEL OF CARE CRITERIA.
22.15The commissioner shall seek any necessary federal approval in order to implement
22.16the changes to the level of care criteria in Minnesota Statutes, section 144.0724,
22.17subdivision 11 , on or after July 1, 2012 for adults and children.
22.18EFFECTIVE DATE.This section is effective the day following final enactment.

22.19    Sec. 13. Laws 2011, First Special Session chapter 9, article 7, section 54, is amended to
22.20read:
22.21    Sec. 54. CONTINGENCY PROVIDER RATE AND GRANT REDUCTIONS.
22.22(a) Notwithstanding any other rate reduction in this article, the commissioner of
22.23human services shall decrease grants, allocations, reimbursement rates, individual limits,
22.24and rate limits, as applicable, by 1.67 percent effective July 1, 2012, for services rendered
22.25on or after those dates. County or tribal contracts for services specified in this section must
22.26be amended to pass through these rate reductions within 60 days of the effective date of
22.27the decrease, and must be retroactive from the effective date of the rate decrease.
22.28(b) The rate changes described in this section must be provided to:
22.29(1) home and community-based waivered services for persons with developmental
22.30disabilities or related conditions, including consumer-directed community supports, under
22.31Minnesota Statutes, section 256B.501;
22.32(2) home and community-based waivered services for the elderly, including
22.33consumer-directed community supports, under Minnesota Statutes, section 256B.0915;
23.1(3) waivered services under community alternatives for disabled individuals,
23.2including consumer-directed community supports, under Minnesota Statutes, section
23.3256B.49 ;
23.4(4) community alternative care waivered services, including consumer-directed
23.5community supports, under Minnesota Statutes, section 256B.49;
23.6(5) traumatic brain injury waivered services, including consumer-directed
23.7community supports, under Minnesota Statutes, section 256B.49;
23.8(6) nursing services and home health services under Minnesota Statutes, section
23.9256B.0625, subdivision 6a ;
23.10(7) personal care services and qualified professional supervision of personal care
23.11services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
23.12(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
23.13subdivision 7 ;
23.14(9) day training and habilitation services for adults with developmental disabilities
23.15or related conditions, under Minnesota Statutes, sections 252.40 to 252.46, including the
23.16additional cost of rate adjustments on day training and habilitation services, provided as a
23.17social service under Minnesota Statutes, section 256M.60; and
23.18(10) alternative care services under Minnesota Statutes, section 256B.0913.
23.19(c) A managed care plan receiving state payments for the services in this section
23.20must include these decreases in their payments to providers. To implement the rate
23.21reductions in this section, capitation rates paid by the commissioner to managed care
23.22organizations under Minnesota Statutes, section 256B.69, shall reflect a 2.34 3.34 percent
23.23reduction for the specified services for the period of January 1, 2013, through June 30,
23.242013, and a 1.67 percent reduction for those services on and after July 1, 2013.
23.25The above payment rate reduction, allocation rates, and rate limits shall expire for
23.26services rendered on December 31, 2013.
23.27(d) If the federal approval required under Laws 2011, First Special Session chapter
23.289, article 7, section 52, is obtained after June 30, 2012, on the first day of the month that
23.29is 60 days after receipt of federal approval, the commissioner of human services shall
23.30increase payment rates for grants, allocations, reimbursement rates, individual limits, and
23.31rate limits by 1.67 percent for those programs and services that received a rate reduction
23.32under this section or under Minnesota Statutes, section 256B.5012, subdivision 13.
23.33(e) If the federal approval required under Laws 2011, First Special Session chapter
23.349, article 7, section 52, is obtained after June 30, 2012, but before the 2013 managed care
23.35contracts are finalized, the commissioner of human services shall adjust the capitation for
23.36the period January 1, 2013, through June 30, 2013, based on the date the approval is
24.1obtained and shall not impose the 1.67 percent rate reduction under paragraph (c) on or
24.2after July 1, 2013.
24.3(f) If the federal approval required under Laws 2011, First Special Session chapter
24.49, article 7, section 52, is obtained after the 2013 managed care contracts are finalized,
24.5the commissioner of human services shall amend managed care contracts to increase the
24.6capitation to provide for a 1.67 percent increase to providers that received a decrease
24.7under paragraph (c). This capitation increase is effective on the first day of the month that
24.8is 60 days after receipt of federal approval.
24.9EFFECTIVE DATE.This section is effective July 1, 2012, if the federal approval
24.10required under section 11 has not been obtained by June 30, 2012.

24.11    Sec. 14. Laws 2011, First Special Session chapter 9, article 10, section 3, subdivision
24.123, is amended to read:

24.13

Subd. 3.Forecasted Programs

24.14The amounts that may be spent from this
24.15appropriation for each purpose are as follows:

24.16

(a) MFIP/DWP Grants

24.17	Appropriations by Fund
24.18	General	84,680,000	91,978,000
24.19	Federal TANF	84,425,000	75,417,000

24.20

(b) MFIP Child Care Assistance Grants

55,456,000

30,923,000

24.21

(c) General Assistance Grants

49,192,000

46,938,000

24.22General Assistance Standard. The
24.23commissioner shall set the monthly standard
24.24of assistance for general assistance units
24.25consisting of an adult recipient who is
24.26childless and unmarried or living apart
24.27from parents or a legal guardian at $203.
24.28The commissioner may reduce this amount
24.29according to Laws 1997, chapter 85, article
24.303, section 54.
24.31Emergency General Assistance. The
24.32amount appropriated for emergency general
25.1assistance funds is limited to no more
25.2than $6,689,812 in fiscal year 2012 and
25.3$6,729,812 in fiscal year 2013. Funds
25.4to counties shall be allocated by the
25.5commissioner using the allocation method
25.6specified in Minnesota Statutes, section
25.7256D.06 .

25.8

(d) Minnesota Supplemental Aid Grants

38,095,000

39,120,000

25.9

(e) Group Residential Housing Grants

121,080,000

129,238,000

25.10

(f) MinnesotaCare Grants

295,046,000

317,272,000

25.11This appropriation is from the health care
25.12access fund.

25.13

(g) Medical Assistance Grants

4,501,582,000

4,437,282,000

25.14Managed Care Incentive Payments. The
25.15commissioner shall not make managed care
25.16incentive payments for expanding preventive
25.17services during fiscal years beginning July 1,
25.182011, and July 1, 2012.
25.19Reduction of Rates for Congregate
25.20Living for Individuals with Lower Needs.
25.21Beginning October 1, 2011, lead agencies
25.22must reduce rates in effect on January 1,
25.232011, by ten up to five percent for individuals
25.24with lower needs living in foster care settings
25.25where the license holder does not share
25.26the residence with recipients on the CADI
25.27and DD waivers and customized living
25.28settings for CADI. Lead agencies must adjust
25.29contracts within 60 days of the effective date.
25.30Reduction of Lead Agency Waiver
25.31Allocations to Implement Rate Reductions
25.32for Congregate Living for Individuals
25.33with Lower Needs. Beginning October 1,
25.342011, the commissioner shall reduce lead
26.1agency waiver allocations to implement the
26.2reduction of rates for individuals with lower
26.3needs living in foster care settings where the
26.4license holder does not share the residence
26.5with recipients on the CADI and DD waivers
26.6and customized living settings for CADI.
26.7Reduce customized living and 24-hour
26.8customized living component rates.
26.9Effective July 1, 2011, the commissioner
26.10shall reduce elderly waiver customized living
26.11and 24-hour customized living component
26.12service spending by five percent through
26.13reductions in component rates and service
26.14rate limits. The commissioner shall adjust
26.15the elderly waiver capitation payment
26.16rates for managed care organizations paid
26.17under Minnesota Statutes, section 256B.69,
26.18subdivisions 6a and 23, to reflect reductions
26.19in component spending for customized living
26.20services and 24-hour customized living
26.21services under Minnesota Statutes, section
26.22256B.0915, subdivisions 3e and 3h, for the
26.23contract period beginning January 1, 2012.
26.24To implement the reduction specified in
26.25this provision, capitation rates paid by the
26.26commissioner to managed care organizations
26.27under Minnesota Statutes, section 256B.69,
26.28shall reflect a ten percent reduction for the
26.29specified services for the period January 1,
26.302012, to June 30, 2012, and a five percent
26.31reduction for those services on or after July
26.321, 2012.
26.33Limit Growth in the Developmental
26.34Disability Waiver. The commissioner
26.35shall limit growth in the developmental
26.36disability waiver to six diversion allocations
27.1per month beginning July 1, 2011, through
27.2June 30, 2013, and 15 diversion allocations
27.3per month beginning July 1, 2013, through
27.4June 30, 2015. Waiver allocations shall
27.5be targeted to individuals who meet the
27.6priorities for accessing waiver services
27.7identified in Minnesota Statutes, 256B.092,
27.8subdivision 12 . The limits do not include
27.9conversions from intermediate care facilities
27.10for persons with developmental disabilities.
27.11Notwithstanding any contrary provisions in
27.12this article, this paragraph expires June 30,
27.132015.
27.14Limit Growth in the Community
27.15Alternatives for Disabled Individuals
27.16Waiver. The commissioner shall limit
27.17growth in the community alternatives for
27.18disabled individuals waiver to 60 allocations
27.19per month beginning July 1, 2011, through
27.20June 30, 2013, and 85 allocations per
27.21month beginning July 1, 2013, through
27.22June 30, 2015. Waiver allocations must
27.23be targeted to individuals who meet the
27.24priorities for accessing waiver services
27.25identified in Minnesota Statutes, section
27.26256B.49, subdivision 11a . The limits include
27.27conversions and diversions, unless the
27.28commissioner has approved a plan to convert
27.29funding due to the closure or downsizing
27.30of a residential facility or nursing facility
27.31to serve directly affected individuals on
27.32the community alternatives for disabled
27.33individuals waiver. Notwithstanding any
27.34contrary provisions in this article, this
27.35paragraph expires June 30, 2015.
28.1Personal Care Assistance Relative
28.2Care. The commissioner shall adjust the
28.3capitation payment rates for managed care
28.4organizations paid under Minnesota Statutes,
28.5section 256B.69, to reflect the rate reductions
28.6for personal care assistance provided by
28.7a relative pursuant to Minnesota Statutes,
28.8section 256B.0659, subdivision 11.

28.9

(h) Alternative Care Grants

46,421,000

46,035,000

28.10Alternative Care Transfer. Any money
28.11allocated to the alternative care program that
28.12is not spent for the purposes indicated does
28.13not cancel but shall be transferred to the
28.14medical assistance account.

28.15

(i) Chemical Dependency Entitlement Grants

94,675,000

93,298,000

28.16EFFECTIVE DATE.This section is effective July 1, 2012.

28.17    Sec. 15. GRANTS FOR HOUSING ACCESS SERVICES.
28.18Notwithstanding Laws 2011, First Special Session chapter 9, article 10, section 3,
28.19subdivision 4, paragraph (k), the fiscal year 2012 appropriation for grants for housing
28.20access services shall be available in fiscal year 2013 for the same purposes.
28.21EFFECTIVE DATE.This section is effective the day following final enactment.

28.24

Section 1. SUMMARY OF APPROPRIATIONS.

28.25The amounts shown in this section summarize direct appropriations, by fund, made
28.26in this article.

28.27			2012		2013		Total
28.28	General	$	1,284,000	$	26,941,000	$	28,225,000
28.29 28.30	State Government Special Revenue		-0-		638,000		638,000
28.31	Total	$	1,284,000	$	27,579,000	$	28,863,000

28.32

Sec. 2. HEALTH AND HUMAN SERVICES APPROPRIATIONS.

29.1The sums shown in the columns marked "Appropriations" are added to or, if shown
29.2in parentheses, subtracted from the appropriations in Laws 2011, First Special Session
29.3chapter 9, article 10, to the agencies and for the purposes specified in this article. The
29.4appropriations are from the general fund or other named fund and are available for the
29.5fiscal years indicated for each purpose. The figures "2012" and "2013" used in this
29.6article mean that the addition to or subtraction from the appropriation listed under them
29.7is available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
29.8Supplemental appropriations and reductions to appropriations for the fiscal year ending
29.9June 30, 2012, are effective the day following final enactment unless a different effective
29.10date is explicit.

29.11				APPROPRIATIONS
29.12				Available for the Year
29.13				Ending June 30
29.14					2012		2013

29.15 29.16

Sec. 3. COMMISSIONER OF HUMAN SERVICES

29.17

Subdivision 1.Total Appropriation

$

1,284,000

$

27,016,000

29.18	Appropriations by Fund
29.19		2012	2013
29.20	General	1,284,000	26,378,000
29.21 29.22	State Government Special Revenue	-0-	638,000

29.23

Subd. 2.Central Office Operations

29.24	(a) Operations
29.25	Appropriations by Fund
29.26		2012	2013
29.27	General	107,000	6,000
29.28 29.29	State Government Special Revenue	-0-	638,000

29.30

(b) Health Care

5,000

(98,000)

29.31Base Level Adjustment. The general fund
29.32base for health care is decreased by $82,000
29.33in fiscal years 2014 and 2015.

29.34

(c) Continuing Care

-0-

48,000

30.1Base Level Adjustment. The general fund
30.2base for continuing care is decreased by
30.3$152,000 in fiscal years 2014 and 2015.

30.4

Subd. 3.Forecasted Programs

30.5

Medical Assistance Grants

623,000

21,918,000

30.6

Subd. 4.Grant Programs

30.7

(a) Children and Community Services Grants

-0-

542,000

30.8White Earth Human Services Transfer
30.9Grant. Of the general fund appropriation,
30.10$542,000 in fiscal year 2013 is for a grant to
30.11the White Earth tribe to support development
30.12of local capacity for effective and efficient
30.13delivery of human services to tribal members
30.14and their families. This appropriation is
30.15added to the base.

30.16

(b) Aging and Adult Services Grants

-0-

999,000

30.17Essential Community Support grants.
30.18This is a onetime appropriation in fiscal year
30.192013 and does not affect the fiscal year 2014
30.20and 2015 base for these grants.

30.21

(c) Disabilities Grants

-0-

250,000

30.22Needs assessments. This appropriation is
30.23for the needs assessments under Minnesota
30.24Statutes, sections 245A.03, subdivision 7,
30.25and 256B.49, subdivision 15. This is a
30.26onetime appropriation.

30.27

Subd. 5.State-Operated Services

30.28

SOS Mental Health

549,000

2,713,000

30.29Minnesota Specialty Health Services,
30.30Willmar site. $549,000 in fiscal year 2012
30.31and $2,713,000 in fiscal year 2013 is to
30.32continue operations of the Minnesota Health
31.1Services, Willmar site. These appropriations
31.2are onetime. Closure of the facility shall not
31.3occur prior to June 30, 2013.

31.4

Sec. 4. COMMISSIONER OF HEALTH

$

0

$

563,000

31.5$563,000 in fiscal year 2013 is to increase
31.6inspection and oversight of licensed home
31.7care providers under Minnesota Statutes,
31.8chapter 144A. This appropriation is added
31.9to the base.

31.10    Sec. 5. EXPIRATION OF UNCODIFIED LANGUAGE.
31.11All uncodified language contained in this article expires on June 30, 2013, unless a
31.12different expiration date is explicit.

31.13    Sec. 6. EFFECTIVE DATE.
31.14The provisions in this article are effective July 1, 2012, unless a different effective
31.15date is explicit."