1.1                          A bill for an act 
  1.2             relating to human services; authorizing a project to 
  1.3             reconfigure two intermediate care facilities for 
  1.4             persons with mental retardation located in Carver 
  1.5             county. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [ICF/MR SERVICE RECONFIGURATION PROJECT.] 
  1.8      (a) The commissioner of human services may authorize a 
  1.9   project to reconfigure two existing intermediate care facilities 
  1.10  for persons with mental retardation or related conditions 
  1.11  (ICF/MR) located on the same campus in Carver county and 
  1.12  totaling 60 licensed beds in one 46-bed facility and one 14-bed 
  1.13  facility.  The reconfiguration project will involve the 
  1.14  relocation of up to 12 beds to six-bed ICF/MR.  The remaining 
  1.15  two ICF/MR shall consist of one 34-bed ICF/MR and one ten-bed 
  1.16  ICF/MR. 
  1.17     (b) The project shall include the development of 
  1.18  alternative home and community-based services for individuals 
  1.19  relocated from the existing facilities.  In conjunction with 
  1.20  this project, two beds in the 34-bed facility shall be reserved 
  1.21  for temporary care services for individuals receiving 
  1.22  alternative home and community-based services.  The ICF/MR may 
  1.23  seek county approval to modify its need determinations in order 
  1.24  to serve fewer clients, or to provide additional beds for 
  1.25  temporary care services. 
  2.1      (c) The project must be approved by the commissioner under 
  2.2   Minnesota Statutes, section 252.28, and must include criteria 
  2.3   for determining how individuals are selected for alternative 
  2.4   services and the use of a request for proposal process in 
  2.5   selecting vendors for the alternative services.  The 
  2.6   commissioner is authorized to develop the one additional bed 
  2.7   required, and set aside waivered service slots as needed for 
  2.8   individuals choosing alternative home and community-based 
  2.9   services. 
  2.10     (d) Upon approval of the project, the following additional 
  2.11  conditions shall apply to rate setting: 
  2.12     (1) the two existing facilities' aggregate 
  2.13  investment-per-bed limits in effect before the downsizing shall 
  2.14  be the investment-per-bed limit after the downsizing; 
  2.15     (2) the ten-bed and the 34-bed facilities shall be eligible 
  2.16  for a one-time rate adjustment to be negotiated with the 
  2.17  commissioner taking into consideration estimated excess revenues 
  2.18  available from the six-bed facilities; 
  2.19     (3) the relocated six-bed facilities shall receive the 
  2.20  payment rates established for the former 46-bed facility until 
  2.21  each facility files a cost report for a period of five months or 
  2.22  longer ending on December 31 following their opening and those 
  2.23  reports are desk audited by the commissioner.  The two remaining 
  2.24  facilities shall file their regularly scheduled annual cost 
  2.25  reports; 
  2.26     (4) all facilities are exempt from the spend-up and high 
  2.27  cost limits in Minnesota Statutes, section 256B.501, subdivision 
  2.28  5b, for the rate year following the first cost report submitted 
  2.29  under clause (3); and 
  2.30     (5) the maintenance limit for the 34-bed facility shall be 
  2.31  established using the methodology in Minnesota Statutes, section 
  2.32  256B.501, subdivision 5d.  The maintenance limit for the ten-bed 
  2.33  facility shall be adjusted by the same ratio used to adjust the 
  2.34  34-bed facility's maintenance limit.