Bill Text: MN SF1101 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Residency ratio restrictions elimination for home and community-based services waiver for disabled people and general assistance recipients with special needs
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-13 - Comm report: To pass and re-referred to Finance [SF1101 Detail]
Download: Minnesota-2013-SF1101-Introduced.html
1.2relating to human services; removing residency ratio restrictions for home and
1.3community-based services waiver and general assistance recipients; amending
1.4Minnesota Statutes 2012, sections 256B.492; 256D.44, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 256B.492, is amended to read:
1.7256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
1.8WITH DISABILITIES.
1.9(a) Individuals receiving services under a home and community-based waiver under
1.10section256B.092 or
256B.49 may receive services in the following settings:
1.11(1) an individual's own home or family home;
1.12(2) a licensed adult foster care setting of up to five people; and
1.13(3) community living settings as defined in section256B.49 , subdivision 23, where
1.14individuals with disabilities may reside in all of the units in a building of four or fewer
1.15units, and no more than the greater of four or 25 percent of the units in a multifamily
1.16building of more than four units.
1.17(b) The settings in paragraph (a) must not:
1.18(1) be located in a building that is a publicly or privately operated facility that
1.19provides institutional treatment or custodial care;
1.20(2) be located in a building on the grounds of or adjacent to a public or private
1.21institution;
1.22(3) be a housing complex designed expressly around an individual's diagnosis or
1.23disability;
2.1(4) be segregated based on a disability, either physically or because of setting
2.2characteristics, from the larger community; and
2.3(5) have the qualities of an institution which include, but are not limited to:
2.4regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
2.5agreed to and documented in the person's individual service plan shall not result in a
2.6residence having the qualities of an institution as long as the restrictions for the person are
2.7not imposed upon others in the same residence and are the least restrictive alternative,
2.8imposed for the shortest possible time to meet the person's needs.
2.9(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
2.10individuals receive services under a home and community-based waiver as of July 1,
2.112012, and the setting does not meet the criteria of this section.
2.12(d) Notwithstanding paragraph (c), a program in Hennepin County established as
2.13part of a Hennepin County demonstration project is qualified for the exception allowed
2.14under paragraph (c).
2.15(e) The commissioner shall submit an amendment to the waiver plan no later than
2.16December 31, 2012.
2.17 Sec. 2. Minnesota Statutes 2012, section 256D.44, subdivision 5, is amended to read:
2.18 Subd. 5. Special needs. In addition to the state standards of assistance established in
2.19subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
2.20Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
2.21center, or a group residential housing facility.
2.22 (a) The county agency shall pay a monthly allowance for medically prescribed
2.23diets if the cost of those additional dietary needs cannot be met through some other
2.24maintenance benefit. The need for special diets or dietary items must be prescribed by
2.25a licensed physician. Costs for special diets shall be determined as percentages of the
2.26allotment for a one-person household under the thrifty food plan as defined by the United
2.27States Department of Agriculture. The types of diets and the percentages of the thrifty
2.28food plan that are covered are as follows:
2.29 (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
2.30 (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
2.31of thrifty food plan;
2.32 (3) controlled protein diet, less than 40 grams and requires special products, 125
2.33percent of thrifty food plan;
2.34 (4) low cholesterol diet, 25 percent of thrifty food plan;
2.35 (5) high residue diet, 20 percent of thrifty food plan;
3.1 (6) pregnancy and lactation diet, 35 percent of thrifty food plan;
3.2 (7) gluten-free diet, 25 percent of thrifty food plan;
3.3 (8) lactose-free diet, 25 percent of thrifty food plan;
3.4 (9) antidumping diet, 15 percent of thrifty food plan;
3.5 (10) hypoglycemic diet, 15 percent of thrifty food plan; or
3.6 (11) ketogenic diet, 25 percent of thrifty food plan.
3.7 (b) Payment for nonrecurring special needs must be allowed for necessary home
3.8repairs or necessary repairs or replacement of household furniture and appliances using
3.9the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
3.10as long as other funding sources are not available.
3.11 (c) A fee for guardian or conservator service is allowed at a reasonable rate
3.12negotiated by the county or approved by the court. This rate shall not exceed five percent
3.13of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
3.14guardian or conservator is a member of the county agency staff, no fee is allowed.
3.15 (d) The county agency shall continue to pay a monthly allowance of $68 for
3.16restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
3.171990, and who eats two or more meals in a restaurant daily. The allowance must continue
3.18until the person has not received Minnesota supplemental aid for one full calendar month
3.19or until the person's living arrangement changes and the person no longer meets the criteria
3.20for the restaurant meal allowance, whichever occurs first.
3.21 (e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
3.22is allowed for representative payee services provided by an agency that meets the
3.23requirements under SSI regulations to charge a fee for representative payee services. This
3.24special need is available to all recipients of Minnesota supplemental aid regardless of
3.25their living arrangement.
3.26 (f)(1) Notwithstanding the language in this subdivision, an amount equal to the
3.27maximum allotment authorized by the federal Food Stamp Program for a single individual
3.28which is in effect on the first day of July of each year will be added to the standards of
3.29assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
3.30as shelter needy and are: (i) relocating from an institution, or an adult mental health
3.31residential treatment program under section256B.0622 ; (ii) eligible for the self-directed
3.32supports option as defined under section256B.0657, subdivision 2 ; or (iii) home and
3.33community-based waiver recipients living in their own home or rented or leased apartment
3.34which is not owned, operated, or controlled by a provider of service not related by blood
3.35or marriage, unless allowed under paragraph (g).
4.1 (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
4.2shelter needy benefit under this paragraph is considered a household of one. An eligible
4.3individual who receives this benefit prior to age 65 may continue to receive the benefit
4.4after the age of 65.
4.5 (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
4.6exceed 40 percent of the assistance unit's gross income before the application of this
4.7special needs standard. "Gross income" for the purposes of this section is the applicant's or
4.8recipient's income as defined in section256D.35, subdivision 10 , or the standard specified
4.9in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
4.10state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
4.11considered shelter needy for purposes of this paragraph.
4.12(g) Notwithstanding this subdivision, to access housing and services as provided
4.13in paragraph (f), the recipient may choose housing that may be owned, operated, or
4.14controlled by the recipient's service provider.In a multifamily building of more than four
4.15units, the maximum number of units that may be used by recipients of this program shall
4.16be the greater of four units or 25 percent of the units in the building. In multifamily
4.17buildings of four or fewer units, all of the units may be used by recipients of this program.
4.18 When housing is controlled by the service provider, the individual may choose the
4.19individual's own service provider as provided in section256B.49, subdivision 23 , clause
4.20(3). When the housing is controlled by the service provider, the service provider shall
4.21implement a plan with the recipient to transition the lease to the recipient's name. Within
4.22two years of signing the initial lease, the service provider shall transfer the lease entered
4.23into under this subdivision to the recipient. In the event the landlord denies this transfer,
4.24the commissioner may approve an exception within sufficient time to ensure the continued
4.25occupancy by the recipient. This paragraph expires June 30, 2016.
1.3community-based services waiver and general assistance recipients; amending
1.4Minnesota Statutes 2012, sections 256B.492; 256D.44, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 256B.492, is amended to read:
1.7256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
1.8WITH DISABILITIES.
1.9(a) Individuals receiving services under a home and community-based waiver under
1.10section
1.11(1) an individual's own home or family home;
1.12(2) a licensed adult foster care setting of up to five people; and
1.13(3) community living settings as defined in section
1.14
1.15
1.16
1.17(b) The settings in paragraph (a) must not:
1.18(1) be located in a building that is a publicly or privately operated facility that
1.19provides institutional treatment or custodial care;
1.20(2) be located in a building on the grounds of or adjacent to a public or private
1.21institution;
1.22(3) be a housing complex designed expressly around an individual's diagnosis or
1.23disability;
2.1(4) be segregated based on a disability, either physically or because of setting
2.2characteristics, from the larger community; and
2.3(5) have the qualities of an institution which include, but are not limited to:
2.4regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
2.5agreed to and documented in the person's individual service plan shall not result in a
2.6residence having the qualities of an institution as long as the restrictions for the person are
2.7not imposed upon others in the same residence and are the least restrictive alternative,
2.8imposed for the shortest possible time to meet the person's needs.
2.9(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
2.10individuals receive services under a home and community-based waiver as of July 1,
2.112012, and the setting does not meet the criteria of this section.
2.12(d) Notwithstanding paragraph (c), a program in Hennepin County established as
2.13part of a Hennepin County demonstration project is qualified for the exception allowed
2.14under paragraph (c).
2.15(e) The commissioner shall submit an amendment to the waiver plan no later than
2.16December 31, 2012.
2.17 Sec. 2. Minnesota Statutes 2012, section 256D.44, subdivision 5, is amended to read:
2.18 Subd. 5. Special needs. In addition to the state standards of assistance established in
2.19subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
2.20Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
2.21center, or a group residential housing facility.
2.22 (a) The county agency shall pay a monthly allowance for medically prescribed
2.23diets if the cost of those additional dietary needs cannot be met through some other
2.24maintenance benefit. The need for special diets or dietary items must be prescribed by
2.25a licensed physician. Costs for special diets shall be determined as percentages of the
2.26allotment for a one-person household under the thrifty food plan as defined by the United
2.27States Department of Agriculture. The types of diets and the percentages of the thrifty
2.28food plan that are covered are as follows:
2.29 (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
2.30 (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
2.31of thrifty food plan;
2.32 (3) controlled protein diet, less than 40 grams and requires special products, 125
2.33percent of thrifty food plan;
2.34 (4) low cholesterol diet, 25 percent of thrifty food plan;
2.35 (5) high residue diet, 20 percent of thrifty food plan;
3.1 (6) pregnancy and lactation diet, 35 percent of thrifty food plan;
3.2 (7) gluten-free diet, 25 percent of thrifty food plan;
3.3 (8) lactose-free diet, 25 percent of thrifty food plan;
3.4 (9) antidumping diet, 15 percent of thrifty food plan;
3.5 (10) hypoglycemic diet, 15 percent of thrifty food plan; or
3.6 (11) ketogenic diet, 25 percent of thrifty food plan.
3.7 (b) Payment for nonrecurring special needs must be allowed for necessary home
3.8repairs or necessary repairs or replacement of household furniture and appliances using
3.9the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
3.10as long as other funding sources are not available.
3.11 (c) A fee for guardian or conservator service is allowed at a reasonable rate
3.12negotiated by the county or approved by the court. This rate shall not exceed five percent
3.13of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
3.14guardian or conservator is a member of the county agency staff, no fee is allowed.
3.15 (d) The county agency shall continue to pay a monthly allowance of $68 for
3.16restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
3.171990, and who eats two or more meals in a restaurant daily. The allowance must continue
3.18until the person has not received Minnesota supplemental aid for one full calendar month
3.19or until the person's living arrangement changes and the person no longer meets the criteria
3.20for the restaurant meal allowance, whichever occurs first.
3.21 (e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
3.22is allowed for representative payee services provided by an agency that meets the
3.23requirements under SSI regulations to charge a fee for representative payee services. This
3.24special need is available to all recipients of Minnesota supplemental aid regardless of
3.25their living arrangement.
3.26 (f)(1) Notwithstanding the language in this subdivision, an amount equal to the
3.27maximum allotment authorized by the federal Food Stamp Program for a single individual
3.28which is in effect on the first day of July of each year will be added to the standards of
3.29assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
3.30as shelter needy and are: (i) relocating from an institution, or an adult mental health
3.31residential treatment program under section
3.32supports option as defined under section
3.33community-based waiver recipients living in their own home or rented or leased apartment
3.34which is not owned, operated, or controlled by a provider of service not related by blood
3.35or marriage, unless allowed under paragraph (g).
4.1 (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
4.2shelter needy benefit under this paragraph is considered a household of one. An eligible
4.3individual who receives this benefit prior to age 65 may continue to receive the benefit
4.4after the age of 65.
4.5 (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
4.6exceed 40 percent of the assistance unit's gross income before the application of this
4.7special needs standard. "Gross income" for the purposes of this section is the applicant's or
4.8recipient's income as defined in section
4.9in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
4.10state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
4.11considered shelter needy for purposes of this paragraph.
4.12(g) Notwithstanding this subdivision, to access housing and services as provided
4.13in paragraph (f), the recipient may choose housing that may be owned, operated, or
4.14controlled by the recipient's service provider.
4.15
4.16
4.17
4.18 When housing is controlled by the service provider, the individual may choose the
4.19individual's own service provider as provided in section
4.20(3). When the housing is controlled by the service provider, the service provider shall
4.21implement a plan with the recipient to transition the lease to the recipient's name. Within
4.22two years of signing the initial lease, the service provider shall transfer the lease entered
4.23into under this subdivision to the recipient. In the event the landlord denies this transfer,
4.24the commissioner may approve an exception within sufficient time to ensure the continued
4.25occupancy by the recipient. This paragraph expires June 30, 2016.
