1.1                          A bill for an act 
  1.2             relating to human services; creating a program for 
  1.3             respite care for family adult foster care providers; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 256. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [256I.07] [RESPITE CARE FOR FAMILY ADULT FOSTER 
  1.8   CARE PROVIDERS.] 
  1.9      Subdivision 1.  [PROGRAM ESTABLISHED.] The state recognizes 
  1.10  the importance of developing and maintaining quality family 
  1.11  foster care resources.  In order to accomplish that goal, the 
  1.12  Minnesota respite care for family adult foster care providers is 
  1.13  established.  This program is intended to provide support to 
  1.14  caregivers of adult foster care residents. 
  1.15     Subd. 2.  [ELIGIBILITY.] A family adult foster care home 
  1.16  provider as defined under section 144D.01, subdivision 7, who 
  1.17  has been licensed for six months is eligible for 30 days of 
  1.18  respite care per calendar year.  In cases of emergency, a county 
  1.19  social services agency may waive the six-month licensing 
  1.20  requirement.  In order to be eligible to receive respite payment 
  1.21  from group residential housing and alternative care, a provider 
  1.22  must take time off away from their foster care residents.  The 
  1.23  commissioner of human services shall establish a program to 
  1.24  accomplish the provisions in subdivisions 2 to 5. 
  1.25     Subd. 3.  [PAYMENT STRUCTURE.] (a) The payment for respite 
  2.1   care for an adult foster care resident eligible for only group 
  2.2   residential housing shall be based on the current monthly group 
  2.3   residential housing base room and board rate and the current 
  2.4   maximum monthly group residential housing difficulty of care 
  2.5   rate. 
  2.6      (b) The payment for respite care for an adult foster care 
  2.7   resident eligible for alternative care funds shall be based on 
  2.8   the resident's alternative care foster care rate. 
  2.9      (c) The payment for respite care for an adult foster care 
  2.10  resident eligible for Medicaid home and community-based services 
  2.11  waiver funds shall be based on the group residential housing 
  2.12  base room and board rate. 
  2.13     (d) The total amount available to pay for respite care for 
  2.14  a family adult foster care provider shall be based on the number 
  2.15  of residents currently served in the foster care home and the 
  2.16  source of funding used to pay for each resident's foster care.  
  2.17  Respite care must be paid for on a per diem basis and for a full 
  2.18  day. 
  2.19     Subd. 4.  [RATE INCREASE.] The medical assistance home and 
  2.20  community-based services waiver rate for foster care services 
  2.21  shall be increased by 5.5 percent. 
  2.22     Subd. 5.  [IMPLEMENTATION.] The respite care provisions in 
  2.23  subdivisions 1 to 4 must be implemented in the same manner in 
  2.24  all counties statewide.  Payment for respite care for private 
  2.25  pay foster care residents must be made between the provider and 
  2.26  the resident or the resident's family.