Amendment 1ss0133a-1

1ss0133a-1 1ss0133a-1

1.1Senator Abeler moved to amend S.F. No. 133 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. APPROPRIATION; COVID-19-RELATED RETENTION GRANTS
1.4FOR DISABILITY SERVICE PROVIDERS.
1.5    Subdivision 1. Appropriation. $30,000,000 is appropriated in fiscal year 2021 from
1.6the coronavirus relief fund to the commissioner of human services for retention grants under
1.7this section to eligible providers as defined under subdivision 2 to assist providers with the
1.8costs of business interruptions caused by required closures, by reduced capacity to promote
1.9social distancing measures, or by reduced demand for services due to the COVID-19
1.10pandemic, and to help ensure the continuity of the disability services infrastructure and
1.11prevent its failure during or following the COVID-19 pandemic. This is a onetime
1.12appropriation and is available until December 5, 2020. Any unexpended balance on December
1.135, 2020, cancels to the coronavirus relief fund.
1.14    Subd. 2. Eligible services and providers. Enrolled providers of the following eligible
1.15services are eligible for retention grants under this section:
1.16(1) adult day services, day training and habilitation, day support services, prevocational
1.17services, and structured day services provided by the home and community-based waiver
1.18programs under Minnesota Statutes, sections 256B.092 and 256B.49, and Minnesota Statutes,
1.19chapter 256S;
1.20(2) employment exploration services, employment development services, and employment
1.21support services provided by the home and community-based waiver programs under
1.22Minnesota Statutes, sections 256B.092 and 256B.49;
1.23(3) children's therapeutic supports and services under Minnesota Statutes, section
1.24256B.0943;
1.25(4) early intensive developmental and behavioral intervention under Minnesota Statutes,
1.26section 256B.0949; and
1.27(5) nonemergency medical transportation services under Minnesota Statutes, section
1.28256B.0625, subdivision 17, except for nonemergency medical transportation provided by
1.29public transit or not-for-hire vehicles.
1.30    Subd. 3. Allowable uses of funds. Grantees must use funds awarded under this section
1.31for costs associated with maintaining the provider's capacity to provide services to its clients
1.32during or following the COVID-19 pandemic.
2.1    Subd. 4. Emergency initial retention grants (a) Beginning July 1, 2020, and until the
2.2commissioner implements the monthly application process described in subdivision 5 and
2.3begins awarding retention grants under subdivision 6, notwithstanding subdivisions 5 and
2.46, the commissioner shall make emergency initial retention grants monthly to all eligible
2.5providers. The commissioner shall determine which enrolled providers qualify under
2.6subdivision 2.
2.7(b) The commissioner shall award emergency initial retention grants under this
2.8subdivision in an amount equal to 25 percent of the provider's total revenue from medical
2.9assistance for eligible services provided during January 2020. The commissioner shall
2.10determine each provider's total revenue from medical assistance for eligible services provided
2.11during January 2020, based on the most recent data available to the commissioner.
2.12(c) By accepting a grant under this subdivision, the grantee agrees to the conditions
2.13specified in subdivision 8.
2.14    Subd. 5. Application. (a) The commissioner shall develop an application form and
2.15monthly application process for retention grants under this section. An applicant must
2.16provide the following information in the application:
2.17(1) eligibility for existing state COVID-19-related emergency funding, including other
2.18COVID-19-related grants or small business loans;
2.19(2) the provider's total revenue from medical assistance for eligible services provided
2.20during January 2020;
2.21(3) the value of any emergency initial retention grants awarded to the provider under
2.22subdivision 4;
2.23(4) how the applicant anticipates using the grant within the allowable uses;
2.24(5) the month or months for which a grant is requested;
2.25(6) the requested grant amount;
2.26(7) an explanation of how the grant will allow the applicant to maintain the continuity
2.27of the disability services infrastructure and prevent its failure during or following the
2.28COVID-19 pandemic; and
2.29(8) other information deemed necessary by the commissioner to evaluate grant
2.30applications.
2.31(b) An eligible provider may use a single application to apply for a retention grant
2.32covering more than one prior month.
3.1    Subd. 6. Allocation of retention grants. (a) The commissioner may make retention
3.2grants for the months of April 2020 to December 2020.
3.3(b) Monthly retention grants must be equal to 50 percent of the grantee's medical
3.4assistance revenue for eligible services provided during January 2020, minus the value of
3.5any emergency initial retention grants awarded under subdivision 4 for the same month or
3.6the amount requested, whichever is less.
3.7(c) If applications for grants exceed the available appropriations, the commissioner shall
3.8give priority to grant applications from providers who are ineligible for existing
3.9COVID-19-related funding or whose services cannot be delivered according to the
3.10commissioner's temporary authority to waive or modify program and service requirements.
3.11    Subd. 7. Payments for services provided. Providers who receive grants under this
3.12section may continue to bill for services provided.
3.13    Subd. 8. Condition of accepting emergency retention grants. As a condition of
3.14accepting retention grants under this section, an eligible provider must agree in writing to:
3.15(1) cooperate with the commissioner of human services to deliver services according to
3.16the program and service waivers and modifications issued under the commissioner's
3.17temporary authority;
3.18(2) notify the commissioner of human services of any additional state COVID-19-related
3.19funding received, including other COVID-19-related grants or small business loans;
3.20(3) repay retention grants as required by subdivision 9 from any COVID-19-related state
3.21funding, excluding the unforgiven portion of any COVID-19-related loans;
3.22(4) acknowledge that retention grants may be subject to recoupment if a state audit
3.23determines that the provider received additional state COVID-19-related emergency funding
3.24from the state; and
3.25(5) acknowledge that retention grants may be subject to recoupment if a state audit
3.26determines that inappropriate billing or duplicate payments for services occurred or that the
3.27provider used awarded funds for purposes not authorized under this section.
3.28    Subd. 9. Assistance from other source. If a provider receives any additional
3.29COVID-19-related state funding, the provider must notify the commissioner of human
3.30services of the amount received. From the additional COVID-19-related state funds received,
3.31excluding the unforgiven portion of any COVID-19-related loans, the provider must
3.32reimburse the commissioner for the grants the provider received under subdivision 6 in an
3.33amount equal to either the amount of the grant received under subdivision 6 or the aggregate
4.1amount of the additional COVID-19-related funding received from the state, minus the
4.2unforgiven portion of any COVID-19-related loans, whichever is less. All money paid to
4.3the commissioner under this subdivision must be deposited in the coronavirus relief fund.
4.4    Subd. 10. Recoupment. If the commissioner determines that the provider received
4.5additional COVID-19-related state funding and failed to reimburse the commissioner as
4.6required under subdivision 9, or that the provider used awarded funds for purposes not
4.7authorized under this section, the commissioner shall treat any amount not reimbursed as
4.8required under subdivision 9 and any amount used for a purpose not authorized under this
4.9section as an overpayment. The commissioner shall recover any overpayment under
4.10Minnesota Statutes, section 256B.0641. All money recovered by the commissioner under
4.11this subdivision must be deposited in the coronavirus relief fund.
4.12    Subd. 11. Expiration. Except for subdivisions 9 and 10, this section expires January
4.1331, 2021.
4.14EFFECTIVE DATE.This section is effective the day following final enactment."
4.15The motion prevailed. #did not prevail. So the amendment was #not adopted.