Disability Law
DISABILITY LAW
Prepared by:
Anne L. Henry, Staff Attorney
Minnesota Disability Law Center
612-746-3754 or 1-800-292-4150, ext. 254
alhenry@mylegalaid.org
Acronyms Used in this Section
ADL = Activity of Daily Living
AMRTC = Anoka Metro Regional Treatment Center
ASD = Autism Spectrum Disorder
BI = Brain Injury
CADI = Community Alternatives for Disabled Individuals
DHS = Minnesota Department of Human Services
EW = Elderly Waiver
FPG = Federal Poverty Guidelines
HCBS = Home and Community Based Services Waivers
MA = Medical Assistance
MDH = Minnesota Department of Health
MNCare = MinnesotaCare
MSH = Minnesota Security Hospital
PCA = Personal Care Assistant
Note: This section details legislative changes affecting persons with disabilities. Please see the Health Law Section for additional, general changes that also impact persons with disabilities, including those implementing the Affordable Care Act.
I. AUTISM SPECTRUM DISORDER (ASD)
A. Attorney General Legal Opinion on Parity Coverage
Chapter 108, Article 12, Section 107 (HF 1233)
Uncodified Section
Effective August 1, 2013
Directs the Attorney General - by October 1, 2013 - to issue a written legal opinion on whether a health plan is required to provide coverage of treatment for mental health and mental health-related illnesses, including ASDs and any other mental health condition, as determined by criteria set forth in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. Requires the Attorney General to provide the opinion to: (1) the legislative chairs of the Commerce and Health Policy Committees; (2) the Department of Commerce; (3) DHS; and (4) the MNsure board of directors.
B. ASD Prepaid Medical Assistance Program Initiative (PMAP)
Chapter 108, Article 7, Section 48 (HF 1233)
Adds Minn. Stat. § 256B.69, subd. 32a
Effective July 1, 2013
Requires contract provisions in PMAP managed care contracts to improve early identification, screening, assessment, diagnosis, and treatment of young children with ASD and other developmental conditions. Provides for public reporting of the number of children who receive diagnosis assessments and treatment by age and health plan each year beginning July 31, 2014.
C. Department of Commerce Obligations
1. Request on Essential Health Benefits
Chapter 108, Article 12, Section 106 (HF 1233)
Uncodified Section
Effective July 1, 2013
Requires the Department of Commerce to request, by January 31, 2014, that the United States Department of Health and Human Services include autism treatment services in Minnesota's essential health benefits when the next benefit set is selected in 2016.
2. Minnesota Comprehensive Health Association (MCHA) Study
Chapter 108, Article 12, Section 105 (HF 1233)
Uncodified Section
Effective July 1, 2013
Requires the Department of Commerce to study and report back to the Legislature by August 15, 2013 on coverage options for ASD, including whether MCHA could provide through January 1, 2016 under Minnesota Statutes, Chapter 62E.
D. New Medical Assistance Service
Chapter 108, Article 7, Section 14 (HF 1233)
Adds Minn. Stat. § 256B.0949
Various Effective Dates
1. Early Intensive Intervention Services
Establishes a new MA benefit to provide early intensive intervention services to children with ASD diagnoses. Provides for: (1) eligibility; (2) diagnostic requirements; (3) diagnostic assessment; (4) treatment plan components; and (5) six-month progress evaluation requirements to obtain continued services.
Effective upon federal approval but no earlier than March 1, 2014
2. DHS Consultation with Stakeholders
Requires DHS to consult with stakeholders to develop specific requirements for the new benefit, including types of professionals who can be involved in providing services under the new benefit.
Effective July 1, 2013
3. Appropriation
Appropriates $12.7 million for the 2014-2015 biennium with $30 million projected for 2016-2017.
Effective July 1, 2013
E. Private Insurance Mandate for Early ASD Treatment
Chapter 108, Article 12, Section 3 (HF 1233)
Adds Minn. Stat. § 62A.3094
Effective for large group health plans offered sold, issued, or renewed on or after January 1, 2014
1. Mandated Coverage
Mandates coverage of intensive early intervention services for fully-insured large employer plans defined under Minn. Stat. § 62Q.18, subd. 1. Requires the coverage for children under age 18 with ASD for: (1) early intensive behavioral and developmental therapy; (2) applied behavior analysis; (3) neurodevelopmental and behavioral health treatment; (4) speech; (5) occupational and physical therapy; and (6) medications. Requires coverage to include: (1) diagnosis; (2) evaluation; (3) multidisciplinary assessment; and (4) medically necessary care. Exempts MA and MNCare from being affected by this private coverage mandate.
2. Progress Evaluation Requirement
Requires independent evaluations to be conducted by a mental health professional to determine if progress has been made toward functional and generalizable gains.
F. Training in Cultural Competence
Chapter 108, Article 7, Section 54 (HF 1233)
Uncodified Section
Effective July 1, 2013
Requires DHS and MDH to assure that autism service providers receive training in culturally appropriate approaches to serving Somali, Latino, Hmong, and indigenous American Indian communities
G. Request for Waiver to Cover Applied Behavioral Analysis Services
Chapter 108, Article 7, Section 56 (HF 1233)
Uncodified Section
Effective May 24, 2013
Directs DHS to apply for a federal Medicaid waiver in order to cover applied behavior analysis services for children with ASD.
II. HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS)
A. Behavior Safeguards and Positive Behavior Practices
Chapter 108, Article 8, Sections 4 - 7, 22, 27, 28, 30, 33, 49, and 51 (HF 1233)
Amends Minn. Stat. §§ 245.8251; 245.91; 245.94, subds. 2 and 2a; 256B.092, subd. 1a; and 256B.49, subd. 13
Adds Minn. Stat. §§ 245D.02, subds. 2b, 2c, 5a, 8a, 11(9), 15a, 15b, 23b, and 34a; 245D.04, subd. 3; 245D.06, subds 1(h) and 5; 245D.06, subds. 6, 7, and 8; 245D.061; 245D.071; 245D.091; 245D.095; 245D.10; and 245D.11; and 256B.4912, subd. 8
Various Effective Dates
1. New Requirements
Establishes new requirements prohibiting aversive and deprivation practices, including restraint and seclusion. Allows only manual restraint in defined emergencies with specific reporting requirements. Provides for training related to the use and prohibition of restrictive practices and psychotropic medications. Applies to all HCBS waiver providers licensed under Minnesota Statutes, Chapter 245D.
Effective January 1, 2014
2. Reporting
Requires providers of services for persons with developmental disabilities to report use of restraint, seclusion, and punishment practices controlled under Minnesota Rules, parts 9525.2700 to 9525.2810 to DHS beginning July 1, 2013. Also mandates other providers required to be licensed under Chapter 245D beginning in January, 2014, to report emergency use of manual restraint beginning July 1, 2013.
Effective July 1, 2013
B. Congregate Living Rate for Mental Health
Chapter 108, Article 7, Section 51 (HF 1233)
Rider language
Effective July 1, 2013
Exempts the 2011 congregate living rate reduction of 10% for people with low needs: (1) whose primary diagnosis is mental illness; and (2) who are living in a foster care setting where the license holder is: (i) certified as a mental health provider of assertive community treatment or intensive residential treatment services; or (ii) a mental health center or clinic.
C. HCBS Disability Waiver Management Improvements
1. Corporate Foster License Capacity Managed at State Level
Chapter 108, Article 7, Section 3 (HF 1233)
Amends Minn. Stat. § 245A.03, subd. 7
Effective July 1, 2013
Authorizes DHS to manage statewide corporate adult foster capacity by adjusting the number of beds available to each county to meet statewide needs identified through the resource need determination process.
2. HCBS Disability Waiver Overspending by Counties or Tribes
Chapter 108, Article 7, Sections 8 and 42 (HF 1233)
Adds Minn. Stat. §§ 256B.0916, subd. 11; and 256B.49, subd. 26
Effective July 1, 2013
Requires a county or tribe which authorizes services in excess of their state allocation to submit a corrective action plan to DHS. Allows DHS to recoup excess allocations from a tribe or county. Requires tribes and counties to continue to make feasible home and community-based options available to eligible HCBS waiver recipients within the resources allocated for that purpose.
3. New Priorities for HCBS Disability Waivers
Chapter 108, Article 7, Sections 11 and 38 (HF 1233)
Amends Minn. Stat. §§ 256B.092, subd. 12; and 256B.49, subd. 11a
Effective July 1, 2013
Adds as two new top priorities for HCBS waiver services: (1) those who no longer require the intensity of service provided where they are currently living; and (2) those who make a request to move from an institutional setting. Authorizes DHS to transfer funds between counties, or groups of counties, and tribes to meet statewide priorities and resource needs while accommodating a base level reserve for each county, group of counties, and tribe. Provides that persons who meet existing priorities - including unstable living situation, closure of current residence, and sudden change in needs - will be considered after the two new priorities.
4. Safety Net for HCBS Waiver Programs
Chapter 108, Article 7, Section 61 (HF 1233)
Uncodified Section
Effective July 1, 2013
Requires DHS to submit a request to the federal agency for HCBS waiver amendments to modify the financial management of three disability waiver programs to include a state-administered safety net when the cost for an individual increases above an identified threshold as has been allowed as part of the waiver for persons with developmental disabilities (DD) for more than a decade. Provides that the use of the safety net may result in decreased allocations for individual counties, tribes or groups of counties or tribes, but must not result in a net decrease statewide. Applies to the following programs: (1) Community Alternatives for Disabled Individuals (CADI); (2) Brain Injury (BI); and (3) Community Alternative Care (CAC).
D. Disability HCBS Waiver Payment Methodologies
Chapter 108, Article 13, Sections 9 - 13 (HF 1233)
Adds Minn. Stat. §§ 256B.4913, subd. 4a; and 256B.4914
Effective January 1, 2014
1. New Payment Rate Methodology
Establishes a new payment rate methodology for HCBS disability waiver services. Provides for an implementation period of five years during which an individual provider's rate will not increase or decrease by more than: (1) .5% during calendar years 2014 and 2015; and (2) 1% during calendar years 2016, 2017, and 2018. Requires budget neutrality so that no more or less money will be spent for HCBS waiver services as a result of the rate payment methodology changes.
2. Stakeholder Consultation
Requires stakeholder consultation to assist in the implementation of the new rate payment system.
3. DHS Authority
Provides authority for DHS to manage the HCBS waiver programs within federally required parameters during the transition period. Requires DHS to implement any changes are required by the Centers for Medicare and Medicaid Services upon: (1) a public notice; (2) legislative advisory commission review; and (3) development of recommendations for necessary legislative changes which are to be submitted to the relevant legislative committees and chairs by January 15, 2014.
E. HCBS Waiver Crisis Diversion to Reduce Unnecessary Hospital Admissions
Chapter 108, Article 7, Sections 12 and 41 (HF 1233)
Adds Minn. Stat. §§ 256B.092, subd. 14; and 256B.49, subd. 25
Effective July 1, 2013
Provides for a functional assessment by a mental health or behavioral professional of crises for HCBS waiver participants who have had two or more admissions, within a calendar year, to a: (1) hospital emergency room; (2) psychiatric unit; or (3) state institution. Requires the result of the functional assessment to be used to amend the coordinated service and support plan and provide additional needed mental health services for those eligible who qualify for one of the disability HCBS waiver programs. Authorizes five staff to provide the crisis diversion and discharge planning.
Note: This change saves $843,000 for 2014-2015 biennium.
F. HCBS Waiver Provider License Fee Schedule
Chapter 108, Article 8, Section 15 (HF 1233)
Amends Minn. Stat. § 245A.10
Effective January 1, 2014
Replaces Minnesota Statutes, Chapter 245B licensing fee structure with a new licensing fee structure for HCBS waiver programs licensed under Minnesota Statutes, Chapter 245D.
G. HCBS Waiver Provider Standards
Chapter 108, Articles 8 and 9 (HF 1233)
Adds Minn. Stat., Ch. 245D
Repeals Minn. Stat., Ch. 245B
Primarily January 1, 2014
Requires providers of HCBS waiver services to obtain a license to provide services to waiver program participants. Modifies Minn. Statutes, Chapter 245D to establish a consistent set of standards across all HCBS waiver programs, including:
(1) Requiring providers with Chapter 245B licenses to switch to Chapter 245D beginning August 19, 2013;
(2) Providing training and educational opportunities to providers and lead agencies in order to comply with new Chapter 245D requirements;
(3) Designating DHS as lead agency for Chapter 245D licensed providers; and
(4) Requiring joint efforts from the MDH Compliance Monitoring Division and the DHS Licensing Division to develop an integrated licensing system for providers of both home care services and HCBS waiver services.
H. HCBS Waiver Settings Density Exemption for AIDS Program
Chapter 108, Article 7, Sections 43, 50, and 53 (HF 1233)
Amends Minn. Stat. §§ 256B.492; and 256D.44
Effective July 1, 2013
Provides exceptions to the requirement that HCBS waiver funding be restricted to 25% of the units in a multifamily building of more than four and to the shelter-needy payment requirement that limits such payments to 25% of the units in the building if the exceptions are required by Housing Opportunities for Persons with AIDS Programs.
I. Shared Living Model Established in HCBS Disability Waiver Services
Chapter 108, Article 7, Section 62 (HF 1233)
Uncodified Section
Effective July 1, 2013
Authorizes DHS to develop and promote a shared living option for individuals receiving a disability HCBS waiver services who require 24-hour assistance. Provides that the companion model serve one or two individuals in a home with planned respite for the caregiver and availability of intensive training and support on the needs of the individuals served. Requires amendments to be submitted to the federal agency by December 31, 2013.
III. LONG-TERM SUPPORTS AND SERVICES CHANGES
A. Personal Care Assistant (PCA) Program
1. Community First Services and Supports (CFSS)
Chapter 108, Article 7, Section 49 (HF 1233)
Adds Minn. Stat. § 256B.85, subds. 1 - 25
Effective upon federal approval but no earlier than April 1, 201.4
Reforms the PCA program under the name Community First Services and Supports (CFSS) using new federal Medicaid authority, 1915k by, among other things: (1) increasing the minimum amount of service from 30 minutes a day for persons with Level I behavior and/or one dependency in an ADL to at least 75 minutes per day and adds these categories back into the budget methodology to provide more assistance based on behavior, critical ADLs and complex health needs; (2) providing that the new CFSS include skill acquisition and enhancement; and (3) requiring maximum self-direction and allows a budget option to use CFSS funds to purchase needed goods as well as staff. Qualifies for 6% increase in federal Medicaid matching funds which was used for: (1) improvements in PCA services; (2) other long-term supports and services; (3) the Senior Linkage Line and the Disability Linkage Line; (4) at least $2.7 million for six staff, administrative costs, operations and evaluation. Continues most other aspects of current PCA program.
2. Direct Support Staff Union Representation
Chapter 128, Article 2, Sections 1 - 5 (SF 778)
Adds Minn. Stat. §§ 179A.54; and 256B.0711
Effective July 1, 2013
Establishes requirements and processes to allow a unionization campaign for staff that provide publicly-funded, self-directed personal care and supportive services.
3. Gender Request
Chapter 63, Sections 8 and 9 (HF 767)
Amends Minn. Stat. § 256B.0659, subd. 7
Adds Minn. Stat. § 256B.0659, subd. 7a
Effective August 1, 2013
Allows PCA recipients to request a PCA of the same gender and requires that the request be added to the care plan. Requires PCA agencies to make a reasonable effort to meet the request.
B. Essential Community Supports (ECS)
Chapter 108, Article 7, Section 13 (HF 1233)
Adds Minn. Stat. § 256B.0922
Effective January 1, 2014
1. ECS
Establishes the Essential Community Supports Program (ECS) for persons age 65 and older who do not meet the level of care required for a nursing facility and are not eligible for MA. Provides up to $400 per person per month for: (1) caregiver support; (2) homemaker support; (3) chores; (4) a personal emergency response device; (5) home-delivered meals; or (6) community living assistance as defined by DHS. Allows up to $600 per year for service coordination as part of the person's community support plan.
2. ECS for People in Transition
Establishes the ECS for people in transition, who include people of all ages who: (1) lose eligibility for HCBS waivers due to the revised nursing facility level of care criteria; and (2) are not eligible for PCA services but have been assessed to need the services offered under the ECS program. Allows up to $600 per person per year for case management services to be provided in conjunction with ECS transition services.
C. Home Care Licensure Changes
Chapter 108, Article 11, Sections 8 and 10 - 30 (HF 1233)
Amends Minn. Stat. § 144A.44, subd. 1
Adds Minn. Stat. §§ 144A.471 - 144.483
Effective May 24, 2013
Revises and updates the Home Care Bill of Rights and the MDH authority to regulate home care services. Establishes extensive new statutory requirements for home care providers and home care services.
D. Reform 2020
1. Reform 2020 Employment Navigation, Supports, and Benefit Planning
Chapter 108, Article 2, Section 15 (HF 1233)
Adds Minn. Stat. § 256B.021, subd. 6
Effective upon federal approval.
Establishes a demonstration project to provide navigation, employment supports, and benefit planning to persons at risk of qualifying as totally and permanently disabled to improve health and reduce applications for disability benefits.
2. Housing Stabilization under Reform 2020
Chapter 108, Article 2, Section 16 (HF 1233)
Adds Minn. Stat. § 256B.021, subd. 7
Effective upon federal approval.
Establishes new services to low-income adults with chronic health conditions who do not currently qualify for HCBS waiver services. Includes coordination assistance, tenancy support, and community living assistance.
Note: Savings are projected to be $3.6 million for the 2014-2015 biennium if approved.
3. Oversight of Reform 2020 Contingent Provisions
Chapter 108, Article 15, Sections 3 and 4
Uncodified Section
Effective July 1, 2013
a. Submission of Contingent Provisions to MMB
Requires DHS to submit an implementation plan to Minnesota Management and Budget (MMB) upon full or partial approval of Reform 2020 contingent provisions. Specifies that the plan include fiscal estimates which must not increase general fund appropriations for the 2014-15 biennium.
b. Adjustment of Appropriations
Requires MMB to adjust appropriations to reflect federal approval. Provides that if planning estimates for the 2016-17 biennium result in increased general fund expenditures, over the February 2013 forecast, none of the provisions in Article 2 shall be implemented.
E. Payment Changes
1. Community Services Provider Cost of Living Increase
Chapter 108, Article 7, Sections 47 and 60 (HF 1233)
Uncodified Section
Effective April 1, 2014
Provides a 1% rate increase, delayed until April 1, 2014, for community service programs including: (1) home and community waivers; (2) private duty nursing and home health services; (3) PCA services and qualified professional supervision; (4) day training and habilitation services; (5) community support services for persons who are deaf and hard of hearing with mental illness; (6) consumer-directed community supports; (7) intermediate care facilities for persons with developmental disabilities; (8) all community services provided through managed care plans; and (9) grant programs, such as: (i) living skills training for persons with epilepsy; (ii) semi-independent living services; (iii) consumer support grants; (iv) family support grants; and (v) housing access grants.
2. HCBS Waiver Quality Payment
Chapter 108, Article 7, Sections 28, 30-34 (HF 1233)
Amends Minn. Stat. § 256B.439, subd. 1
Adds Minn. Stat. § 256.439, subds. 3a, 5, 6, and 7
Effective July 1, 2013
Requires DHS to develop quality measurement criteria for HCBS waivers in consultation with stakeholders. Directs DHS, by April 1, 2014, to develop incentive-based grants for home and community-based services providers to encourage investments to improve quality. Mandates periodic consumer surveys as funding permits to update provider quality profiles. Adds an additional 1% to the community providers as a quality payment effective July 1, 2015.
3. Intermediate Care Facility/Developmental Disabilities Surcharge
Chapter 108, Article 7, Sections 5 and 46 (HF 1233)
Amends Minn. Stat. § 256.9657, subd. 3a
Adds Minn. Stat. § 256B.5012, subd. 14
Effective July 1, 2013
Increases the surcharge for Intermediate Care Facility/Developmental Disabilities (ICF/DD) beds to $3,679 per bed and offsets the cost for the increase to the facility with a $7.81 per day payment rate increase.
Note: This change results in state savings of $4.6 million for the 2014-2015 biennium.
4. Nursing Facilities Rates
Chapter 108, Article 7, Sections 25, 26, and 35 - 37 (HF 1233)
Amends Minn. Stat. §§ 256B.441, subd. 44; and 256B.441, subds. 46 and 46c
Adds Minn. Stat. § 256B.434, subds. 19a and 19b
Effective September 1, 2013
Increases rates for nursing facilities by an average of 5% through a combination of an across-the-board increase and performance payments. Requires 75% of the 3.75% across-the-board increase to be paid as wage increases to nursing facility staff. Provides another 3.2% average increase July 1, 2015.
5. Repeal of Community Services Provider Rate Cut
Chapter 108, Article 7, Section 64 (HF 1233)
Repeals Laws 2011, First Special Session, Chapter 9, Article 7, Section 54, as amended by Laws 2012, Chapter 247, Article 4, Section 42 and Laws 2012, Chapter 298, Section 3
Effective July 1, 2013
Repeals the contingent community service provider and grant rate reductions of 1.67% effective July 1, 2013. Appropriates $12.8 million to cover the cost of repealing the contingent rate reduction, which would have been in effect from July 1, 2013 to December 31, 2013.
F. Preadmission Screening Related to Nursing Facility Admissions
Chapter 108, Article 2, Sections 7, 8, 9, and 10 (HF 1233)
Adds Minn. Stat. § 256.975, subds. 7a, 7b, 7c, and 7d
Effective October 1, 2013
Simplifies preadmission screening by requiring completion of an online form with the Senior Link Age Line which identifies persons who require further evaluation and the need for specialized services due to mental illness or developmental disability. Provides specific reasons to exempt persons with mental illness or developmental disabilities from some screening requirements.
G. Private Duty Nursing Assessment Criteria
Chapter 63, Section 7 (HF 767)
Amends Minn. Stat. § 256B.0652, subd. 5
Effective August 1, 2013
Changes outdated citation for hospital level of care criteria from a Minnesota Rule to the applicable part of the Code of Federal Regulations (42 C.F.R. § 440.10).
H. Quality Assurance License System Changes, Region 10
Chapter 108, Article 7, Sections 15 - 22 (HF 1233)
Amends Minn. Stat. §§ 256B.0951, subds.1 and 4; 256.0952, subds. 1 and 5;
256.0955; and 256.097, subds. 1 and 3
Effective July 1, 2013
Expands Region 10 variance from governing licensure of programs to include all persons with disabilities. Allows providers of service to participate in alternative quality licensing in addition to counties. Updates various provisions related to the State Quality Council.
I. Ventilator Dependent Changes for those Age 65 and Older
Chapter 108, Article 7, Section 6 (HF 1233)
Amends Minn. Stat. § 256B.0915, subd. 3a
Effective July 1, 2013
Removes the 30-day stay in a nursing facility requirement for individuals on the EW who are ventilator dependent by providing an enhanced budget immediately rather than after a 30-day stay.
IV. MEDICAL ASSISTANCE (MA) and other HEALTH CARE
A. Additional Coverage Under Emergency Medical Assistance (EMA)
Chapter 108, Article 6, Section 7 (HF 1233)
Amends Minn. Stat. § 256B.06, subd. 4
Effective July 1, 2013
Adds coverage for both HCBS waiver services through the EW for: (1) any eligible person regardless of age; (2) rehabilitative services provided in a nursing facility. Continues EMA coverage of dialysis and cancer treatment.
Note: A limited appropriation of $2.2 million is provided for the 2014-2015 biennium.
B. Adult Rehabilitative Mental Health Services (ARMHS)
Chapter 108, Article 4, Sections 9, 16, and 28 (HF 1233)
Amends Minn. Stat. §§ 256B.0623, subd. 2; and 256B.761
Adds Minn. Stat. § 246.18, subd. 9
Effective July 1, 2013
Moves $1.81 million from adult mental health grants to fund increased rates for ARMHS services. Allows parenting skills to be covered under ARMHS.
C. Children's Mental Health Case Management Transition
Chapter 108, Article 7, Section 7 (HF 1233)
Amends Minn. Stat. § 245.4881, subd. 1
Effective July 1, 2013
Requires continued case management services be offered to a child over age 18 who has qualified for children's mental health case management when under age 18. Mandates that a person age 18 or over must consent to the involvement of the child's parent, guardian or legal representative in the development of a transition plan.
D. Children's Therapeutic Services and Supports (CTSS)
Chapter 108, Article 4, Sections 22 - 24 (HF 1233)
Amends Minn. Stat. § 256B.0943, subds. 1, 2, and 7
Effective July 1, 2013
Adds mental health plan development, family psycho educational services and family peer specialist services to CTSS.
E. Coverage for Electronic Tablets as Communication Devices
Chapter 108, Article 6, Section 12 (HF 1233)
Amends Minn. Stat. § 256B.0625, subd. 31
Effective July 1, 2013
Provides MA coverage for electronic tablets under the category of durable medical equipment if the electronic tablet is: (1) to be used as an augmentative and alternate communication system; and (2) locked to prevent any other use of the tablet.
F. Dental Coverage for Persons with Disabilities
Chapter 108, Article 6, Section 8 (HF 1233)
Amends Minn. Stat. § 256B.0625, subd. 9
Effective July 1, 2013
Adds coverage for: (1) house calls and care facility dental visits; (2) extra payments when behavioral supports are needed instead of sedation, or oral or IV sedation in a clinic as an alternative to hospitalization or surgical center procedure; and (3) up to four dental cleanings (prophylaxis) per year if treatment plan requires it.
G. Early Hearing Detection and Intervention Program
Chapter 108, Article 3, Sections 4 and 12; and Article 12, Sections 14 and 34 - 36 (HF 1233)
Amends Minn. Stat. §§ 256.969; 144.125, subd.1 (d); and 144.966, subds. 2, 3a, and 3
Effective July 1, 2013
Adds early hearing detection and intervention program to newborn screening requirements and increases the related fee. Provides funding to cover the increased fee under MA and MNCare. Adds deaf and hard-of-hearing mentors to family support services.
H. Family Peer Mental Health Specialist
Chapter 108, Article 4, Section 15 (HF 1233)
Adds Minn. Stat. § 256B.0616
Effective July 1, 2013
Establishes a new mental health certified family peer specialist within the MA program for persons who have an emotional disturbance or severe emotional disturbance under the children's mental health requirements. Requires family peer specialists to: (1) have raised a child with mental illness; (2) have had experience with the children's mental health service system; (3) be at least age 21; and (4) have a high school diploma.
I. Family Psycho-educational Services
Chapter 108, Article 4, Section 19 (HF 1233)
Adds Minn. Stat. § 256B.0625, subd. 61
Effective July 1, 2013 or upon federal approval, whichever is later
Adds family psycho-educational services to the MA program for children up to age 21 with a diagnosis of a mental health condition if required by the child's individual treatment plan. Requires that a licensed mental health professional or a clinical trainee determine medical necessity to involve family members in the child's care.
J. Federal Request for Disregard of Spousal Income and Assets
Chapter 108, Article 7, Section 55 (HF 1233)
Uncodified Section
Effective July 1, 2013
Requires DHS to request federal authority to continue current MA policy with respect to persons under age 65 for the treatment of income and assets for the non-assisted spouse rather than apply the spousal impoverishment protection provisions required under the Affordable Care Act.
K. Hospital In-reach Community-based Service Coordination for Youth
Chapter 108, Article 4, Section 18 (HF 1233)
Amends Minn. Stat. § 256B.0625, subd. 56
Effective July 1, 2013
Provides community-based services coordination through a hospital for children and young adults who have been: (1) in a hospital emergency room at least twice in three months; or (2) admitted to an inpatient psychiatric unit at least two times in four months. Includes assistance with: (1) community services; (2) housing; (3) family supports; and (4) other needs.
L. Intensive Mental Health Treatment in Foster Care
Chapter 108, Article 4, Section 26 (HF 1233)
Amends Minn. Stat. § 256B.0946
Effective August 1, 2013
Amends mental health treatment in foster care to, among other things: (1) require intensive services; and (2) provide definitions, including clinical supervision, crisis assistance, and client eligibility requirements. Establishes new service delivery payment requirements and a list of excluded services.
M. Medical Assistance for Employed Persons with Disabilities (MA-EPD)
Chapter 63, Sections 5 and 6 (HF 767)
Amends Minn. Stat. § 256B.056, subd. 3; 256B.057, subd. 9
Various Effective Dates
1. Enrollment Prior to Turning 65
Removes the requirement that MA-EPD enrollees be enrolled in the program for at least 20 of 24 months prior to the enrollee turning age 65 in order for the individual to continue to be eligible for MA-EPD after age 65. Clarifies that the language only applies to individuals who turned age 65 during calendar years 2012 or 2013.
Amends Minn. Stat. § 256B.056, subd. 3
Effective January 1, 2014
2. Requirement to Send Monthly Mailings to Enrollees
Removes the requirement that DHS send monthly mailings to MA-EPD enrollees who are turning 63 or 64 informing them that the program ends at age 65.
Note: The requirement is unnecessary since the program now allows persons who turn age 65 to continue due to changes made in 2012.
Amends Minn. Stat. § 256B.057, subd. 9
Effective August 1, 2013
N. Mental Health Adult Case Management Eligibility Criteria
Chapter 108, Article 4, Section 1 (HF 1233)
Amends Minn. Stat. § 245.462, subd. 20
Effective July 1, 2013
Adds the diagnosis of schizoaffective disorder and adults who were eligible as a child for children's mental health case management as additional criteria qualifying for adult mental health case management, if other criteria are met.
O. Mental Health Clinical Care Coordination
Chapter 108, Article 4, Section 20 (HF 1233)
Adds Minn. Stat. § 256B.0625, subd. 62
Effective July 1, 2013 or upon federal approval, whichever is later
Provides for MA coverage of clinical care coordination for persons up to age 21 diagnosed with a complex mental health condition or co-occurring mental health and other complex or chronic conditions if: (1) described in the individual treatment plan; and (2) provided by a properly licensed mental health professional or clinical trainee.
P. Mental Health Crisis Services Funding Increase
Chapter 108, Article 14, Section (HF 1233)
Appropriation
Effective July 1, 2013
Funds an increase in adult and children's mental health crisis teams to additional counties and tribes with $1.5 million for the coming biennium.
Q. Nonemergency Medical Transportation (NEMT) Changes
Chapter 81, Sections 7, 8, and 9 (SF 654)
Amends Minn. Stat. § 256B.0625, subds, 17, 18e, and 18f
Effective August 1, 2013
Imposes prior authorization requirements on NEMT services for trips that exceed 30 miles to a primary care provider or 60 miles for a specialty care provider. Delays the implementation of a single administrative structure and delivery system for NEMT to July 1, 2014. Directs DHS to require the administrator of NEMT to follow the assessment process recommended by the NEMT Advisory Committee, which is to be implemented by July 1, 2014.
R. Rehabilitative Services Prior Authorization Requirement Modified
Chapter 81, Sections 4, 5, 6, and 10 (SF 654)
Amends Minn. Stat. § 256B.0625, subds. 8, 8a, 8b, and 25
Effective August 1, 2013
Changes prior authorization requirements for physical therapy, occupational therapy and speech pathology and audiology services. Eliminates prior authorization requirements except for certain providers which must continue to obtain authorization before services will be covered by MA. Requires the publication of criteria and standards to determine which providers must obtain prior authorization for their clients. Provides that such criteria and standards will not impede access to rehabilitative services for any group of individuals with unique or special needs due to disability or functional condition. No cost or savings.
S. School-linked Mental Health Grants
Chapter 108, Article 14, Section 2, subd. 6 (HF 1233)
Appropriation
Effective July 1, 2013
Appropriates $7.434 million for the 2014-2015 biennium and $9.8 million for the following biennium for school-linked mental health grants, a substantial increase.
Note: This appropriation will increase the number of school districts and regions providing school-linked mental health services.
V. PARENT FEES
A. Elimination of Fee for Households under 275% FPG
Chapter 108, Article 3, Section 22 (HF 1233)
Amends Minn. Stat. § 252.27, subd. 2a
Effective January 1, 2014
Eliminates parent fees for MA Tax Equity and Fiscal Responsibility Act (TEFRA) for children from households under 275% FPG consistent with Minnesota's new household income eligibility level for children under the Affordable Care Act.
Note: Because one-half of the fees paid must go to the federal government, this change results in $1.3 million cost for the state but $2.6 million savings per year for parents who no longer have to pay the fee for their children.
B. Repeal of Extension of Increase Adopted in 2011
Chapter 108, Article 3, Section 22 (HF 1233)
Amends Minn. Stat. § 252.27, subd. 2j
Effective July 1, 2013
Repeals an extension of 2011 parent fee increase for families beginning at 175% FPL. Appropriates $469,000 for this purpose, resulting in $940,000 in savings for families paying parent fees.
VI. PROGRAMS FOR EMPLOYMENT
A. Employment Support Services for Persons with Mental Illness
Chapter 85, Article 1, Section 3 and Article 3, Sections 20 and 21 (HF 729)
Amends Minn. Stat. §§ 245.4712, subd. 1; 268A.13; and 268A.14, subd. 1
Effective July 1, 2013
Appropriates a one-time $1 million increase for employment support services for persons with mental illness to ensure that employment supports assist in finding and maintaining competitive employment, are integrated with mental health treatment and include evidence-based practices such as rapid job search.
B. Pilot Program for Persons with ASD
Chapter 85, Article 1, Section 3 and Article 3, Section 23 (HF 729)
Uncodified Sections
Effective July 1, 2013
Provides a one-time $68,000 grant to Olmsted County for a pilot program for employment support and independent living services, including education, outreach, and supports for area employers to encourage hiring and promotion of workers with ASD. Emphasizes: (1) competitive employment; (2) workplace inclusion; (3) skill development; and (4) self-direction.
C. Vocational Rehabilitation
Chapter 85, Article 1, Section 3 (HF 729)
Appropriation
Effective July 1, 2013
Increases funding for vocational rehabilitation by $1 million per year.
VII. STATE-OPERATED SERVICES
A. Community Transition Initiative
Chapter 108, Article 4, Sections 14, 21, and 27 (HF 1233)
Adds Minn. Stat. §§ 256.478; 256B.092, subd. 13; and 256B.49, subd. 24
Effective July 1, 2013
Provides transition grants for home and community-based services for individuals not eligible for MA under specific criteria but who qualify for HCBS waiver services for persons with developmental disabilities or persons eligible for the CADI or BI waiver programs. Provides for a moratorium exception for these individuals ready for discharge from Anoka Metro Regional Treatment Center (AMRTC) or the Minnesota Security Hospital (MSH) in St. Peter provided the persons have met treatment objectives and no longer need a hospital level of care. Provides additional waiver allocations to serve qualified individuals.
B. County Cost Increase for AMRTC and MHS Residents
Chapter 108, Article 4, Section 10 (HF 1233)
Amends Minn. Stat. § 246.54, subds. 1 and 2
Effective July 1, 2013
Increases the county percentage of the cost of care for county residents who: (1) have completed treatment at the AMRTC; and (2) are ready to be discharged from 50% to 75% for any days over 60. Imposes an increased share of the cost of care from 10% to 50% for county residents in the MSH forensic transition service for each day the client spends in the program. Raises $1.9 million due to the increased payments for persons at AMRTC and $6.3 million for clients at the MSH which results in a total savings to the state of $8.2 million for the biennium.
C. Intensive Residential Treatment Services (IRTS)
Chapter 108, Article 4, Sections 8 and 9 (HF 1233)
Amends Minn. Stat. § 246.18, subd 8
Adds Minn. Stat. § 246.18, subd. 9
Effective July 1, 2013
Provides funds to allow private IRTS providers to develop services to meet the complex needs of persons with mental illnesses and other health care needs to transition out of AMRTC. Funds the continued operation of the IRTS state-operated program in Willmar.
VIII. STUDIES, REPORTS, AND WORK GROUPS
A. Asset Limit for Persons with Disabilities and Seniors Recommendations
Chapter 108, Article 7, Section 56 (HF 1233)
Uncodified Section
Effective July 1, 2013
Directs DHS to consult with interested stakeholders to develop recommendations and a request for an 1115 Medicaid demonstration waiver in order to increase the asset limit for individuals eligible for MA due to disability or age who are not residing in institutional services. Requires recommendations to the relevant legislative committees by February 1, 2014.
B. Assistive Technology for HCBS Waiver Participants
Chapter 108, Article 7, Section 15 (HF 1233)
Uncodified Section
Effective July 1, 2013
Directs DHS to: (1) develop recommendations for assistive technology funding for HCBS waiver participants on appropriate assistive technology equipment, use of monitoring services, whether or not leasing is an alternative to purchasing and use of ongoing support services; and (2) the report to relevant legislative chairs by February 1, 2014.
C. Case Management Reform Recommendations
Chapter 63, Section 19 (HF 767)
Uncodified Section
Effective August 1, 2013
Requires DHS to develop further recommendations for proposed legislation regarding redesign of case management services, including provisions to: (1) increase choice of case manager; (2) define case management services; (3) provide caseload size guidance; (4) propose statewide standards for case management with reporting measures on outcomes; and (5) establish rates and (6) develop information for case management recipients. Directs DHS to submit recommendations and proposed legislation to the relevant legislative committees by February 1, 2014.
D. Child and Adolescent Behavioral Health Services Recommendations
Chapter 108, Article 4, Section 29 (HF 1233)
Uncodified Section
Effective July 1, 2013
Directs DHS to consult with interested stakeholders to develop recommendations and legislation if necessary, for state-operated child and adolescent behavioral health services facility. Requires the facility and services to meet the needs of children with: (1) serious emotional disturbances; (2) ASD; (3) reactive attachment disorder; (4) post-traumatic stress disorder (PTSD); (5) serious emotional disturbance co-occurring with developmental disability; (6) borderline personality disorder; (7) schizophrenia; (8) fetal alcohol spectrum disorders; (9) brain injuries; (10) violent tendencies; and (11) complex medical issues.
E. Concentration Limits for HCBS Waiver Settings Recommendations
Chapter 108, Article 7, Section 53 (HF 1233)
Uncodified Section
Effective July 1, 2013
Directs DHS to: (1) consult with the Minnesota Olmstead Subcabinet and other stakeholders regarding concentration limits for HCBS waiver settings defined in Minn. Stat. § 256B.492; and (2) submit recommendations to the relevant legislative committees by February 1, 2014.
F. Group Residential Housing (GRH) Study
Chapter 108, Article 3, Section 47 (HF 1233)
Uncodified Section
Effective July 1, 2013
Requires DHS to review the status of GRH beds with rates in excess of the Minnesota Supplemental Aid equivalent rate, including banked supplemental service rate beds. Provides that a rate setting and GRH bed use plan be developed by DHS and presented to the relevant legislative committees no later than February 1, 2014.
G. HCBS Licensing Fees and Maltreatment Investigations Report
Chapter 108, Article 8, Section 59 (HF 1233)
Uncodified Section
Effective July 1, 2013
Requires DHS to: (1) report to the relevant legislative committees by July 1, 2015 on license and maltreatment investigation costs in relation to fees collected; and (2) recommend changes to reduce costs.
H. Long-Term Care Services and Supports Gaps Analysis and Critical Access Study
Chapter 108, Article 2, Section 2 (HF 1233)
Amends Minn. Stat. § 144A.351 Subd 1and 2
Effective upon federal approval
1. Funding for Long-Term Care Services and Supports Report
Provides ongoing funding for the long-term care services and supports
biennial gaps analysis next due August 15, 2014.
2. Study
Requires a one-time study to assess critical access at the community level and local capacity of HCBS services for older adults, persons with disabilities, including those with mental illnesses. Provides funding for the Critical Access Study to be submitted no later than August 15, 2015.
I. Mental Health Work Force Development Plan
Chapter 99, Article 2, Section 28 (SF 1236)
Uncodified Section
Effective May 25, 2013
Requires the Board of Trustees of the Minnesota State Colleges and Universities, in cooperation with DHS, to convene a summit of representatives, including: (1) state colleges and universities; (2) the University of Minnesota; (3) private colleges; (4) mental health professionals; (5) special education experts ; (6) children and adult mental health advocates; and (7) providers and community mental health centers. Specifies the purpose of the summit is to develop a comprehensive work force development plan to: (1) increase the number of mental health professionals and practitioners; (2) assure adequate coursework and training is available; and (3) increase the number of culturally diverse mental health professionals and practitioners. Requires the plan to be submitted to the Health and Human Services and Higher Education Committees by January 15, 2015.
J. Mentally Ill and Dangerous Commitment Stakeholder Group
Chapter 108, Article 4, Section 31 (HF 1233)
Uncodified Section
Effective July 1, 2013
Requires DHS - in consultation with the state court administrator and with input from a stakeholder group - to develop recommendations in five specific areas with to address issues listed in the February 2013 Office of Legislative Auditor's report on state-operated services to be submitted to relevant legislative committees by January 15, 2014.
K. Need Determination Report Date Change
Chapter 108, Article 7, Section 3 (HF 1233)
Amends Minn. Stat. § 245A.03, subd. 7(e)
Effective July 1, 2013
Changes the annual need determination report due date to August 1, beginning in 2014.
Note: The new date now coincides every other year with the biennial Gaps Analysis required under Minn. Stat. § 144A.351.
L. Nursing Facility Level of Care Report
Chapter 108, Article 7, Section 58 (HF 1233)
Uncodified Section
Effective July 1, 2013
Requires DHS to report on the impact of nursing facility level of care changes effective January 1, 2014, including: (1) the number of individuals who lose eligibility for HCBS waivers for persons with disabilities and seniors and the alternative care program; and (2) the number of individuals who lose eligibility for MA. Requires a preliminary report by October 1, 2014 and a final report by February 15, 2015 to the House and Senate Health and Human Services Policy and Finance Committees.
IX. VULNERABLE ADULT PROTECTION
A. Complaints by Vulnerable Adults Against HMOs and Nursing Homes
Chapter 43, Sections 2 and 17 (SF 887)
Amends Minn. Stat. §§ 62Q.106; and 144A.53, subd. 2
Effective August 1, 2013
1. Health Maintenance Organizations (HMOs)
Directs MDH - when investigating a complaint filed against an HMO regarding a vulnerable adult -- to interview at least one family member of the complainant or the subject vulnerable adult. Requires MDH to note in the file if the complainant or subject does not want any family members to be interviewed.
Amends Minn. Stat. §§ 62Q.106
2. Nursing Homes
Requires Investigators - when investigating a complaint filed with the Minnesota Office of Health Facility Complaints against a nursing home regarding a vulnerable adult - to interview at least one family member of the subject vulnerable adult. Requires a note be made in the file if the vulnerable adult is directing his/her own care and does not want the investigator to contact the family. Requires that complainants receive copy of the completed report.
Amends Minn. Stat. §§ 144A.53, subd. 2
B. Financial Exploitation
Chapter 5 (HF 90)
Adds Minn. Stat. § 609.2335, subds. 4 and 5
Various Effective Dates
1. Aggregation
Permits the aggregation of the value of money or property or services received by a defendant within any six-month period. Allows the defendant to be prosecuted in any county in which an offense was committed, if offenses were committed in more than one county.
Note: This provision then permits the penalty to be imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, as provided under Minn. Stat. § 609.2335, subd. 3.
Adds Minn. Stat. § 609.2335, subd. 4
Effective August 1, 2013, and applies to crimes committed on or after that date.
2. Venue
Provides that, notwithstanding Minn. Stat. § 627.01, an offense committed governed by the new provisions may be prosecuted in: (1) the county where any part of the offense occurred; or (2) the county of residence of the victim or one of the victims.
Adds Minn. Stat. § 609.2335, subd. 5
Effective August 1, 2013
C. Guardianship and Conservatorship -- Uniform Probate Code Changes
1. Background Studies Prior to Appointment of Guardian or Conservator
Chapter 86, Article 2, Section 2 (SF 671)
Amends Minn. Stat. § 524.5-118, subd. 1
Effective August 1, 2013
a. Pre-Appointment Background Study
Requires a pre-appointment background study if one has not been conducted within the previous two years.
Note: Current law provides that no background study need be conducted prior to an appointment if one has been conducted within the previous five years.
Amends Minn. Stat. § 524.5-118, subd. 1(a)(1)
b. Post-Appointment Background Study
Shortens the period from every five years to every two years that a post-appointment background study must be conducted.
Amends Minn. Stat. § 524.5-118, subd. 1(a)(2)
c. Criminal History Search
Extends the look-back period for criminal history data where the guardian or conservator has not resided in Minnesota from five to ten years.
Amends Minn. Stat. § 524.5-118, subd. 1(b)(2)
d. Prior Licensing Sanction
Requires a search of state licensing agency data to determine if a professional license has been ever been conditioned, suspended, revoked, or canceled.
Add Minn. Stat. § 524.5-118, subd. 1(b)(2)
e. Appointment Before Background Check
Provides that background study must be completed as soon as reasonably possible after appointment, but no later than 30 days after appointment in cases where the court determines that it would be in the best interests of the protected person to appoint a guardian or conservator before the background study can be completed.
Amends Minn. Stat. § 524.5-118, subd. 1(d)
2. Appointment of Guardian of Incapacitated Persons
Chapter 86, Article 2, Sections 4 and 5 (SF 671)
Amends Minn. Stat. §§ 524.5-303; and 524.5-316
Effective August 1, 2013
a. Petition for Incapacity and Guardianship
1) Information Required for Certain Employees of Guardians
Adds that the information required to support the petition for appointment of the guardian must also be supplied for any employee of the guardian responsible for exercising powers and duties under the guardianship.
Amends Minn. Stat. § 524.5-303(c)
2) Additional Information Required
Requires disclosures of whether the proposed guardian or applicable employee has: (1) ever held any professional agency licenses and the status (e.g., active, suspended; revoked); (2) ever been found civilly liable in an action that involved fraud, misrepresentation, material omission, misappropriation, theft, or conversion; (3) ever filed for or received bankruptcy protection; (4) outstanding judgments; (5) ever been the subject of an order for protection or harassment restraining order; and (6) ever been convicted of greater than a petty crime.
Amends Minn. Stat. § 524.5-303(c)
b. Monitoring Reports
Requires the guardian to report, in addition to annually, certain reportable events within 30 days of its occurrence. Grants the court the authority to decline to appoint or remove the guardian for lack of compliance with any reporting requirements.
Amends Minn. Stat. § 524.5-316
3. Appointment of Conservator or Protective Order
Chapter 86, Article 2, Sections 6 and 7 (SF 671)
Amends Minn. Stat. §§ 524.5-403; and 524.5-420
Effective August 1, 2013
a. Petition for Appointment of Conservator or Protective Order
1) Information Required for Certain Employees of Guardians
Adds that the information required to support the petition for an appointment of the conservator must also be supplied for any employee of the conservator responsible for exercising powers and duties under the conservatorship.
Amends Minn. Stat. § 524.5-403(d)
2) Additional Information Required
Requires disclosures of whether the proposed guardian or applicable employee has: (1) ever held any professional agency licenses and the status (e.g., active, suspended; revoked); (2) ever been found civilly liable in an action that involved fraud, misrepresentation, material omission, misappropriation, theft, or conversion; (3) ever filed for or received bankruptcy protection; (4) outstanding judgments; (5) ever been the subject of an order for protection or harassment restraining order; and (6) ever been convicted of greater than a petty crime.
Amends Minn. Stat. § 524.5-403(d)
b. Monitoring Reports
Requires the conservator to report, in addition to annually, certain reportable events within 30 days of its occurrence. Grants the court the authority to decline to appoint or remove the conservator for lack of compliance with any reporting requirements.
Amends Minn. Stat. § 524.5-420
D. Vulnerable Children and Adults Funding Formula
Chapter 108, Article 3, Section 34
Amends Minn. Stat. § 256 M. 40, subd. 1
Effective July 1, 2013
Requires DHS to seek public input and review before proposing any changes to the current funding formula.
E. Vulnerable Adult Maltreatment Reporting
Chapter 108, Article 2, Sections 41 - 43 (HF 1233)
Amends Minn. Stat. § 626.557, subds. 4, 9, and 9c
Effective July 1, 2014 and contingent upon federal approval
Replaces current county-designated common entry points system by creating a statewide common entry point for reporting suspected maltreatment by toll-free number and Web-based reporting. Requires a public outreach campaign to raise awareness of maltreatment of vulnerable adults and educate the public on new reporting requirements and the common entry point.
X. MISCELLANEOUS DISABILITY-RELATED LEGISLATION
A. Advocating Change Together Funding
Chapter 108, Article 14, Section 2 (HF 1233)
Rider language
Effective July 1, 2013
Provides Advocating Change Together a grant of $310,000 for Fiscal Year 2014 to provide self-advocacy training and supports for persons with intellectual and developmental disabilities throughout the state.
B. Disability Terminology Updated
Chapter 59, Article 3 (HF 969) and Chapter 62 (SF 760)
Amends 51 sections of statute and 38 rule parts
Effective August 1, 2013
Removes offensive terminology and updates language referring to persons with various types of disabilities, as required by the Jensen settlement.
Note: The Jensen Settlement refers to the settlement of a complaint filed on behalf of several Plaintiffs against the Minnesota Department of Human Services and the former director and clinical director of the Minnesota Extended Treatment Options (METO) program, located in Cambridge, Minnesota, alleging that the residents of the program were unlawfully and unconstitutionally secluded and restrained.
C. Fetal Alcohol Syndrome Outreach Funding
Chapter 108, Article 14, Section 2, Subdivision 6(n) (HF 1233)
Rider language
Effective July 1, 2013
Provides $180,000 each year for the coming biennium, one time, for the Minnesota organization on fetal alcohol syndrome to provide outreach prevention programs in Olmstead County.
D. Service Animals Used by Persons with Disabilities
Chapter 14 (SF 1086)
Amends Minn. Stat. § 363A.19
Effective August 1, 2013
Deletes language in the Minnesota Human Rights Act (HRA) limiting the prohibition against discrimination in public accommodations if the animal "can be properly identified as being from a recognized program which trains service animals." Strengthens the HRA by making it consistent with the Americans with Disabilities Act, which does not provide for a business owner, manager, or operator to deny entry based on a determination that the service animal is not from a recognized training program or the inability to determine whether if the service animal is from a recognized training.
E. Sick Leave
Chapter 87, Section 1 (SF 840)
Amends Minn. Stat. § 181.9413
Effective August 1, 2013
Expands sick leave benefits to include caring for: (1) an adult child; (2) a spouse; (3) a sibling; (4) a parent; (5) a grandparent; or (6) a stepparent. Clarifies that a "child" includes: (1) biological children; (2) stepchildren; (3) adopted children; and (4) foster children. Prohibits an employer from limiting the use of personal sick leave benefits to less than 160 hours in any 12 month period. Requires a report to Legislature by August 1, 2014 on the impact of this change on sick leave usage by state employees.
F. Suicide Prevention Text Message Program
Chapter 108, Article 14, Section 2, subdivision 6 (HF 1233)
Rider language
Effective July 1, 2013
Appropriates $625,000 for each year of the coming biennium as grant to a nonprofit organization to operate a statewide text message suicide prevention program for youth.
G. Voting
Chapter 131, Article 1, Sections 1 - 4 (HF 894)
Amends Minn. Stat. §§ 5B.06; 203B.02, subd. 1; and 203B.04, subds. 1 and 5
Effective January 1, 2014 for elections beginning with the state primary August 12, 2014
Removes requirements for voter to state a qualifying reason for being unable to vote in person on election day. Allows absentee voting for all eligible voters and provides for registration as a permanent absentee voter to have ballots automatically mailed before each election.
XI. LAWS PASSED IN PREVIOUS SESSIONS THAT GO INTO EFFECT IN 2013 OR 2014
A. Laws Effective in 2013
1. Relative PCA Rate Cut Removed
Laws of Minnesota 2011, First Special Session, Chapter 9, Article 7, Sections 10 and 11 (HF 25)
Amends Minn. Stat. § 256B.0659, subds. 11 and 28
The 2011 20% relative PCA rate cut will not be imposed due to a court decision holding the provision unconstitutional and a decision DHS Commissioner Jesson, not to appeal the court's ruling. The cost of about $21 million for the coming biennium resulting from not imposing this cut was accounted for in the February 2013 Forecast. Removes the 20% rate cut scheduled to go into effect July 1, 2013.
2. Return of .5% Cut Made in 2011 to Community Service Providers
Laws of Minnesota 2011, First Special Session, Chapter 9, Article 7, Sections 45 and 51
Effective July 1, 2013
Restores a 0.5% rate cut to community service providers, grants and Intermediate Care Facility/Developmental Disabilities (ICF/DD) facilities, except day training and habilitation providers which were not subject to the 0.5% in 2011.
B. Laws Effective in 2014
1. MA-EPD Premium and Out-of-Pocket Increases
2011 First Special Session, Chapter 9, Article 7, Section 7 (HF 25)
Amends Minn. Stat. § 256B.057, subd. 9
Effective January 1, 2014 for adults age 21 and older and October 1, 2019 for children age 16 to 21
Increases out-of-pocket costs for MA-EPD participants by: (1) raising premiums from $35 per month minimum to $65 per month; and (2) increasing the unearned income cost share obligation from .5 to 5%.
Note: Increased fees will average more than $750 per year per person when fully implemented. Increases were adopted during the 2011 First Special Session, but their effective date was delayed due to maintenance of effort requirements under the Affordable Care Act.
2. Nursing Facility Level of Care Changes
Laws of Minnesota 2009, Chapter 79, Article 8, Sections 1 - 5, 16, 32 - 37, 39 - 44, 48 and 65 - 67 (HF 1362)
Amends Minn. Stat. § 144.0724
Effective January 1, 2014
Tightens eligibility for nursing facility level of care, EW, CADI and BI HCBS waiver services.
Note: This change is projected to result in the termination of eligibility for about 11,000 EW participants and 500 CADI participants during 2014.