1.1.................... moves to amend H.F. No. 2408 as follows:
1.2Page 13, after line 16, insert:

1.3    "Sec. .... Minnesota Statutes 2010, section 256B.0915, subdivision 8, is amended to
1.4read:
1.5    Subd. 8. Services and supports. (a) Services and supports shall meet the
1.6requirements set out in United States Code, title 42, section 1396n.
1.7    (b) Services and supports shall promote consumer choice and be arranged and
1.8provided consistent with individualized, written care plans.
1.9    (c) The state of Minnesota, county, managed care organization, or tribal government
1.10under contract to administer the elderly waiver shall not be liable for damages, injuries,
1.11or liabilities sustained through the purchase of direct supports or goods by the person,
1.12the person's family, or the authorized representatives with funds received through
1.13consumer-directed community support services under the federally approved waiver plan.
1.14Liabilities include, but are not limited to, workers' compensation liability, the Federal
1.15Insurance Contributions Act (FICA), or the Federal Unemployment Tax Act (FUTA).
1.16(d) The consumer directed community supports budget methodology for an
1.17individual is limited to a reduction of ten percent from the projected cost for goods and
1.18services purchased by an agency. For current waiver recipients not using consumer
1.19directed community supports, the consumer directed budget shall include a ten percent
1.20reduction from current spending.
1.21EFFECTIVE DATE.This section is effective July 1, 2013.

1.22    Sec. .... Minnesota Statutes 2010, section 256B.0916, subdivision 6a, is amended to
1.23read:
1.24    Subd. 6a. Statewide availability of consumer-directed community support
1.25services. (a) The commissioner shall submit to the federal Health Care Financing
2.1Administration by August 1, 2001, an amendment to the home and community-based
2.2waiver for persons with developmental disabilities to make consumer-directed community
2.3support services available in every county of the state by January 1, 2002.
2.4(b) If a county declines to meet the requirements for provision of consumer-directed
2.5community supports, the commissioner shall contract with another county, a group of
2.6counties, or a private agency to plan for and administer consumer-directed community
2.7supports in that county.
2.8(c) The state of Minnesota, county agencies, tribal governments, or administrative
2.9entities under contract to participate in the implementation and administration of the home
2.10and community-based waiver for persons with developmental disabilities, shall not be
2.11liable for damages, injuries, or liabilities sustained through the purchase of support by the
2.12individual, the individual's family, legal representative, or the authorized representative
2.13with funds received through the consumer-directed community support service under
2.14this section. Liabilities include but are not limited to: workers' compensation liability,
2.15the Federal Insurance Contributions Act (FICA), or the Federal Unemployment Tax Act
2.16(FUTA).
2.17(d) The consumer directed community supports budget methodology for an
2.18individual is limited to a reduction of ten percent from the projected cost for goods and
2.19services purchased by an agency. For current waiver recipients not using consumer
2.20directed community supports, the consumer directed budget shall include a ten percent
2.21reduction from current spending.
2.22EFFECTIVE DATE.This section is effective July 1, 2012.

2.23    Sec. .... Minnesota Statutes 2010, section 256B.49, subdivision 16, is amended to read:
2.24    Subd. 16. Services and supports. (a) Services and supports included in the home
2.25and community-based waivers for persons with disabilities shall meet the requirements set
2.26out in United States Code, title 42, section 1396n. The services and supports, which are
2.27offered as alternatives to institutional care, shall promote consumer choice, community
2.28inclusion, self-sufficiency, and self-determination.
2.29(b) Beginning January 1, 2003, the commissioner shall simplify and improve access
2.30to home and community-based waivered services, to the extent possible, through the
2.31establishment of a common service menu that is available to eligible recipients regardless
2.32of age, disability type, or waiver program.
2.33(c) Consumer directed community support services shall be offered as an option to
2.34all persons eligible for services under subdivision 11, by January 1, 2002. The consumer
2.35directed community supports budget methodology for an individual is limited to a
3.1reduction of ten percent from the projected cost for goods and services purchased by an
3.2agency. For current waiver recipients not using consumer directed community supports,
3.3the consumer directed budget shall include a ten percent reduction from current spending.
3.4(d) Services and supports shall be arranged and provided consistent with
3.5individualized written plans of care for eligible waiver recipients.
3.6(e) A transitional supports allowance shall be available to all persons under a home
3.7and community-based waiver who are moving from a licensed setting to a community
3.8setting. "Transitional supports allowance" means a onetime payment of up to $3,000, to
3.9cover the costs, not covered by other sources, associated with moving from a licensed
3.10setting to a community setting. Covered costs include:
3.11(1) lease or rent deposits;
3.12(2) security deposits;
3.13(3) utilities setup costs, including telephone;
3.14(4) essential furnishings and supplies; and
3.15(5) personal supports and transports needed to locate and transition to community
3.16settings.
3.17(f) The state of Minnesota and county agencies that administer home and
3.18community-based waivered services for persons with disabilities, shall not be liable
3.19for damages, injuries, or liabilities sustained through the purchase of supports by the
3.20individual, the individual's family, legal representative, or the authorized representative
3.21with funds received through the consumer-directed community support service under
3.22this section. Liabilities include but are not limited to: workers' compensation liability,
3.23the Federal Insurance Contributions Act (FICA), or the Federal Unemployment Tax Act
3.24(FUTA).
3.25EFFECTIVE DATE.This section is effective July 1, 2012."
3.26Page 19, after line 31, insert:

3.27    "Sec. .... ESTABLISHMENT OF RATES FOR SHARED HOME AND
3.28COMMUNITY-BASED WAIVER ADMINISTRATIVE SERVICES.
3.29By January 1, 2013, the commissioner of human services shall establish rates
3.30to be paid for in-home services and personal supports under all of the home and
3.31community-based waiver services programs consistent with the standards in Minnesota
3.32Statutes, section 256B.4912, subdivision 2.
3.33EFFECTIVE DATE.This section is effective July 1, 2012.

4.1    Sec. .... HOME AND COMMUNITY-BASED SERVICES WAIVERS BUDGET
4.2METHODOLOGY WAIVER AMENDMENT REQUIRED.
4.3The commissioner of human services shall submit an amendment to the Centers for
4.4Medicare and Medicaid Services for the budget methodology changes under Minnesota
4.5Statutes, sections 256B.0915, subdivision 8; 256B.0916, subdivision 6a; and 256B.49,
4.6subdivision 16, by June 1, 2012.
4.7EFFECTIVE DATE.This section is effective the day following final enactment."
4.8Renumber the sections in sequence and correct the internal references
4.9Amend the title accordingly