Bill Text: MN HF2556 | 2013-2014 | 88th Legislature | Engrossed


Bill Title: Veterans housing and long-term care; new residential facility moratorium exemptions provided, grants provided for veteran housing needs assessments, and money appropriated.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2014-05-15 - Second reading [HF2556 Detail]

Download: Minnesota-2013-HF2556-Engrossed.html

1.1A bill for an act
1.2relating to veterans; veterans housing and long-term care; providing exemptions
1.3for certain moratoriums on new residential facilities; providing grants for
1.4housing needs assessments for veterans; appropriating money;amending
1.5Minnesota Statutes 2012, section 256I.04, subdivision 3; Minnesota Statutes
1.62013 Supplement, section 245A.03, subdivision 7.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2013 Supplement, section 245A.03, subdivision 7,
1.9is amended to read:
1.10    Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an initial
1.11license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340,
1.12or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under
1.13this chapter for a physical location that will not be the primary residence of the license
1.14holder for the entire period of licensure. If a license is issued during this moratorium, and
1.15the license holder changes the license holder's primary residence away from the physical
1.16location of the foster care license, the commissioner shall revoke the license according
1.17to section 245A.07. The commissioner shall not issue an initial license for a community
1.18residential setting licensed under chapter 245D. Exceptions to the moratorium include:
1.19(1) foster care settings that are required to be registered under chapter 144D;
1.20(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
1.21community residential setting licenses replacing adult foster care licenses in existence on
1.22December 31, 2013, and determined to be needed by the commissioner under paragraph (b);
1.23(3) new foster care licenses or community residential setting licenses determined to
1.24be needed by the commissioner under paragraph (b) for the closure of a nursing facility,
1.25ICF/DD, or regional treatment center; restructuring of state-operated services that limits
2.1the capacity of state-operated facilities; or allowing movement to the community for
2.2people who no longer require the level of care provided in state-operated facilities as
2.3provided under section 256B.092, subdivision 13, or 256B.49, subdivision 24;
2.4(4) new foster care licenses or community residential setting licenses determined
2.5to be needed by the commissioner under paragraph (b) for persons requiring hospital
2.6level care; or
2.7(5) new foster care licenses or community residential setting licenses determined to
2.8be needed by the commissioner for the transition of people from personal care assistance
2.9to the home and community-based services.; or
2.10(6) new foster care licenses or community residential setting licenses determined
2.11to be needed by the commissioner for the care of disabled veterans or veterans requiring
2.12nursing home level care in veteran exclusive homes.
2.13(b) The commissioner shall determine the need for newly licensed foster care
2.14homes or community residential settings as defined under this subdivision. As part of the
2.15determination, the commissioner shall consider the availability of foster care capacity in
2.16the area in which the licensee seeks to operate, and the recommendation of the local
2.17county board. The determination by the commissioner must be final. A determination of
2.18need is not required for a change in ownership at the same address.
2.19(c) When an adult resident served by the program moves out of a foster home
2.20that is not the primary residence of the license holder according to section 256B.49,
2.21subdivision 15
, paragraph (f), or the adult community residential setting, the county
2.22shall immediately inform the Department of Human Services Licensing Division. The
2.23department shall decrease the statewide licensed capacity for adult foster care settings
2.24where the physical location is not the primary residence of the license holder, or for adult
2.25community residential settings, if the voluntary changes described in paragraph (e) are
2.26not sufficient to meet the savings required by reductions in licensed bed capacity under
2.27Laws 2011, First Special Session chapter 9, article 7, sections 1 and 40, paragraph (f),
2.28and maintain statewide long-term care residential services capacity within budgetary
2.29limits. Implementation of the statewide licensed capacity reduction shall begin on July
2.301, 2013. The commissioner shall delicense up to 128 beds by June 30, 2014, using the
2.31needs determination process. Under this paragraph, the commissioner has the authority
2.32to reduce unused licensed capacity of a current foster care program, or the community
2.33residential settings, to accomplish the consolidation or closure of settings. Under this
2.34paragraph, the commissioner has the authority to manage statewide capacity, including
2.35adjusting the capacity available to each county and adjusting statewide available capacity,
3.1to meet the statewide needs identified through the process in paragraph (e). A decreased
3.2licensed capacity according to this paragraph is not subject to appeal under this chapter.
3.3(d) Residential settings that would otherwise be subject to the decreased license
3.4capacity established in paragraph (c) shall be exempt under the following circumstances:
3.5(1) until August 1, 2013, the license holder's beds occupied by residents whose
3.6primary diagnosis is mental illness and the license holder is:
3.7(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental
3.8health services (ARMHS) as defined in section 256B.0623;
3.9(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to
3.109520.0870;
3.11(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to
3.129520.0870; or
3.13(iv) a provider of intensive residential treatment services (IRTS) licensed under
3.14Minnesota Rules, parts 9520.0500 to 9520.0670; or
3.15(2) the license holder's beds occupied by residents whose primary diagnosis is
3.16mental illness and the license holder is certified under the requirements in subdivision 6a
3.17or section 245D.33.
3.18(e) A resource need determination process, managed at the state level, using the
3.19available reports required by section 144A.351, and other data and information shall
3.20be used to determine where the reduced capacity required under paragraph (c) will be
3.21implemented. The commissioner shall consult with the stakeholders described in section
3.22144A.351 , and employ a variety of methods to improve the state's capacity to meet
3.23long-term care service needs within budgetary limits, including seeking proposals from
3.24service providers or lead agencies to change service type, capacity, or location to improve
3.25services, increase the independence of residents, and better meet needs identified by the
3.26long-term care services reports and statewide data and information. By February 1, 2013,
3.27and August 1, 2014, and each following year, the commissioner shall provide information
3.28and data on the overall capacity of licensed long-term care services, actions taken under
3.29this subdivision to manage statewide long-term care services and supports resources, and
3.30any recommendations for change to the legislative committees with jurisdiction over
3.31health and human services budget.
3.32    (f) At the time of application and reapplication for licensure, the applicant and the
3.33license holder that are subject to the moratorium or an exclusion established in paragraph
3.34(a) are required to inform the commissioner whether the physical location where the foster
3.35care will be provided is or will be the primary residence of the license holder for the entire
3.36period of licensure. If the primary residence of the applicant or license holder changes, the
4.1applicant or license holder must notify the commissioner immediately. The commissioner
4.2shall print on the foster care license certificate whether or not the physical location is the
4.3primary residence of the license holder.
4.4    (g) License holders of foster care homes identified under paragraph (f) that are not
4.5the primary residence of the license holder and that also provide services in the foster care
4.6home that are covered by a federally approved home and community-based services
4.7waiver, as authorized under section 256B.0915, 256B.092, or 256B.49, must inform the
4.8human services licensing division that the license holder provides or intends to provide
4.9these waiver-funded services.

4.10    Sec. 2. Minnesota Statutes 2012, section 256I.04, subdivision 3, is amended to read:
4.11    Subd. 3. Moratorium on development of group residential housing beds. (a)
4.12County agencies shall not enter into agreements for new group residential housing beds
4.13with total rates in excess of the MSA equivalent rate except:
4.14(1) for group residential housing establishments licensed under Minnesota Rules,
4.15parts 9525.0215 to 9525.0355, provided the facility is needed to meet the census reduction
4.16targets for persons with developmental disabilities at regional treatment centers;
4.17(2) to ensure compliance with the federal Omnibus Budget Reconciliation Act
4.18alternative disposition plan requirements for inappropriately placed persons with
4.19developmental disabilities or mental illness;
4.20(3) up to 80 beds in a single, specialized facility located in Hennepin County that will
4.21provide housing for chronic inebriates who are repetitive users of detoxification centers
4.22and are refused placement in emergency shelters because of their state of intoxication,
4.23and planning for the specialized facility must have been initiated before July 1, 1991,
4.24in anticipation of receiving a grant from the Housing Finance Agency under section
4.25462A.05, subdivision 20a , paragraph (b);
4.26(4) notwithstanding the provisions of subdivision 2a, for up to 190 supportive
4.27housing units in Anoka, Dakota, Hennepin, or Ramsey County for homeless adults with a
4.28mental illness, a history of substance abuse, or human immunodeficiency virus or acquired
4.29immunodeficiency syndrome. For purposes of this section, "homeless adult" means a
4.30person who is living on the street or in a shelter or discharged from a regional treatment
4.31center, community hospital, or residential treatment program and has no appropriate
4.32housing available and lacks the resources and support necessary to access appropriate
4.33housing. At least 70 percent of the supportive housing units must serve homeless adults
4.34with mental illness, substance abuse problems, or human immunodeficiency virus or
4.35acquired immunodeficiency syndrome who are about to be or, within the previous six
5.1months, has been discharged from a regional treatment center, or a state-contracted
5.2psychiatric bed in a community hospital, or a residential mental health or chemical
5.3dependency treatment program. If a person meets the requirements of subdivision 1,
5.4paragraph (a), and receives a federal or state housing subsidy, the group residential housing
5.5rate for that person is limited to the supplementary rate under section 256I.05, subdivision
5.61a
, and is determined by subtracting the amount of the person's countable income that
5.7exceeds the MSA equivalent rate from the group residential housing supplementary rate.
5.8A resident in a demonstration project site who no longer participates in the demonstration
5.9program shall retain eligibility for a group residential housing payment in an amount
5.10determined under section 256I.06, subdivision 8, using the MSA equivalent rate. Service
5.11funding under section 256I.05, subdivision 1a, will end June 30, 1997, if federal matching
5.12funds are available and the services can be provided through a managed care entity. If
5.13federal matching funds are not available, then service funding will continue under section
5.14256I.05, subdivision 1a ;
5.15(5) for group residential housing beds in settings meeting the requirements of
5.16subdivision 2a, clauses (1) and (3), which are used exclusively for recipients receiving
5.17home and community-based waiver services under sections 256B.0915, 256B.092,
5.18subdivision 5
, 256B.093, and 256B.49, and who resided in a nursing facility for the six
5.19months immediately prior to the month of entry into the group residential housing setting.
5.20The group residential housing rate for these beds must be set so that the monthly group
5.21residential housing payment for an individual occupying the bed when combined with the
5.22nonfederal share of services delivered under the waiver for that person does not exceed the
5.23nonfederal share of the monthly medical assistance payment made for the person to the
5.24nursing facility in which the person resided prior to entry into the group residential housing
5.25establishment. The rate may not exceed the MSA equivalent rate plus $426.37 for any case;
5.26(6) for an additional two beds, resulting in a total of 32 beds, for a facility located in
5.27Hennepin County providing services for recovering and chemically dependent men that
5.28has had a group residential housing contract with the county and has been licensed as a
5.29board and lodge facility with special services since 1980;
5.30(7) for a group residential housing provider located in the city of St. Cloud, or a county
5.31contiguous to the city of St. Cloud, that operates a 40-bed facility, that received financing
5.32through the Minnesota Housing Finance Agency Ending Long-Term Homelessness
5.33Initiative and serves chemically dependent clientele, providing 24-hour-a-day supervision;
5.34(8) for a new 65-bed facility in Crow Wing County that will serve chemically
5.35dependent persons, operated by a group residential housing provider that currently
5.36operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;
6.1(9) for a group residential housing provider that operates two ten-bed facilities, one
6.2located in Hennepin County and one located in Ramsey County, that provide community
6.3support and 24-hour-a-day supervision to serve the mental health needs of individuals
6.4who have chronically lived unsheltered; and
6.5(10) for a group residential facility in Hennepin County with a capacity of up to 48
6.6beds that has been licensed since 1978 as a board and lodging facility and that until August
6.71, 2007, operated as a licensed chemical dependency treatment program.; and
6.8(11) for a group residential housing provider operating a facility of up to 45 beds,
6.9providing services to veterans as a board and lodging facility with supportive services or
6.10licensed chemical dependency treatment program.
6.11    (b) A county agency may enter into a group residential housing agreement for beds
6.12with rates in excess of the MSA equivalent rate in addition to those currently covered
6.13under a group residential housing agreement if the additional beds are only a replacement
6.14of beds with rates in excess of the MSA equivalent rate which have been made available
6.15due to closure of a setting, a change of licensure or certification which removes the beds
6.16from group residential housing payment, or as a result of the downsizing of a group
6.17residential housing setting. The transfer of available beds from one county to another can
6.18only occur by the agreement of both counties.

6.19    Sec. 3. VETERANS HOUSING SURVEY GRANTS.
6.20$250,000 in fiscal year 2015 is appropriated from the general fund to the
6.21commissioner of administration for up to five grants to conduct a housing needs
6.22assessment for veterans in a community. The grants may be awarded to any government
6.23or nongovernmental organization. The assessment, which may be a study or a survey,
6.24may examine the need for scattered site housing for veterans and their families who are
6.25homeless or in danger of homelessness or for housing that addresses the health care needs
6.26of disabled or aging veterans. The assessment must be started no later than July 30, 2015,
6.27and completed no later than July 30, 2016. The commissioner of administration must
6.28provide copies of any completed assessment to the legislative committees with jurisdiction
6.29over housing and veterans affairs no later than January 1, 2017.

6.30    Sec. 4. APPROPRIATION; HUMAN SERVICES.
6.31$340,000 in fiscal year 2015 is appropriated from the general fund to the
6.32commissioner of human services for sections 1 and 2. Of this amount, $74,000 is for
6.33medical assistance, long-term waivers and home care and $266,000 is for group residential
6.34housing grants.
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