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S.F. No. 2239 - Continuing Care Provisions Modifications
 
Author: Senator John A. Hoffman
 
Prepared By: Joan White, Senate Counsel (651/296-3814)
 
Date: March 11, 2014



 

Section 1 (256B.0659, subdivision 11) removes a provision providing a 20 percent rate reduction for personal care assistants (PCAs) providing services to relatives. This provision was effective July 1, 2013, but was never implemented due to a successful court challenge.

Section 2 (256B.0659, subdivision 28) removes a reference to relative PCAs as a result of the change made in Section 1.

Section 3 (256B.4912, subdivision 10) removes surety and fidelity bond requirements for home and community-based service (HCBS) providers, and clarifies the types of HCBS providers required to submit proof of liability insurance to the Department of Human Services (DHS).

Section 4 (256B.492) adds a community residential setting (of up to five people) to the list of settings where home and community-based waiver services recipients may receive such services.

Section 5 (256B.493, subdivision 1) modifies a provision requiring DHS to solicit proposals to move people with disabilities living in adult foster care homes to other types of community settings by including people living in community residential settings licensed under Minnesota Statutes, chapter 245D.

Section 6 256D.01, subdivision 1e) modifies the general assistance statute by adding a reference to community residential settings licensed under chapter 245D.

Section 7 (256G.02, subdivision 6) amends the Unitary Residence and Financial Responsibility chapter of law.  This section adds a reference to community residential settings licensed under chapter 245D to the definition of “excluded time.” Time spent in an “excluded time” facility does not establish residency for purposes of determining the county of financial responsibility.

Sections 8 (256I.03, subdivision 3) and 9 (256I.04, subdivision 2a) amend the group residential housing (GRH) chapter of law. Section 8 modifies the definition of “group residential housing” to include community residential settings, and section 9 allows the commissioner to enter into a GRH agreement with residences licensed under chapter 245D.

Section 10 (626.557, subdivision 9) modifies the vulnerable adult act by requiring each county to designate a common entry point (CEP) for reports of suspected maltreatment until the commissioner establishes a CEP. Two or more county boards may jointly designate a CEP. This section strikes language that required the commissioner of establish the CEP by July 1, 2014, and the new language requires the commissioner to establish the CEP no sooner than January 1, 2015.

Section 11 (Laws 2011, First Special Session chapter 9, article 7, section 7) modifies the age-related effective date for changes made in 2011 to the Medical Assistance for Employed Persons with Disabilities (MA-EPD) program, as MA-EPD age restrictions were eliminated during the 2012 Legislative Session.

Section 12 (Laws 2013, chapter 108, article 7, section 60) applies the one percent rate increase for home and community-based services providers and grants enacted during the 2013 Legislative Session and effective April 1, 2014, to essential community support grants.

JW/DL/rdr

 
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