1.1.................... moves to amend H.F. No. 2294, the delete everything amendment
1.2(H2294DE2), as follows:
1.3Page 34, after line 13, insert:

1.4    "Sec. ... Minnesota Statutes 2011 Supplement, section 256B.0659, subdivision 11,
1.5is amended to read:
1.6    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant
1.7must meet the following requirements:
1.8    (1) be at least 18 years of age with the exception of persons who are 16 or 17 years
1.9of age with these additional requirements:
1.10    (i) supervision by a qualified professional every 60 days; and
1.11    (ii) employment by only one personal care assistance provider agency responsible
1.12for compliance with current labor laws;
1.13    (2) be employed by a personal care assistance provider agency;
1.14    (3) enroll with the department as a personal care assistant after clearing a background
1.15study. Except as provided in subdivision 11a, before a personal care assistant provides
1.16services, the personal care assistance provider agency must initiate a background study on
1.17the personal care assistant under chapter 245C, and the personal care assistance provider
1.18agency must have received a notice from the commissioner that the personal care assistant
1.20    (i) not disqualified under section 245C.14; or
1.21    (ii) is disqualified, but the personal care assistant has received a set aside of the
1.22disqualification under section 245C.22;
1.23    (4) be able to effectively communicate with the recipient and personal care
1.24assistance provider agency;
1.25    (5) be able to provide covered personal care assistance services according to the
1.26recipient's personal care assistance care plan, respond appropriately to recipient needs,
2.1and report changes in the recipient's condition to the supervising qualified professional
2.2or physician;
2.3    (6) not be a consumer of personal care assistance services;
2.4    (7) maintain daily written records including, but not limited to, time sheets under
2.5subdivision 12;
2.6    (8) effective January 1, 2010, complete standardized training as determined
2.7by the commissioner before completing enrollment. The training must be available
2.8in languages other than English and to those who need accommodations due to
2.9disabilities. Personal care assistant training must include successful completion of the
2.10following training components: basic first aid, vulnerable adult, child maltreatment,
2.11OSHA universal precautions, basic roles and responsibilities of personal care assistants
2.12including information about assistance with lifting and transfers for recipients, emergency
2.13preparedness, orientation to positive behavioral practices, fraud issues, and completion of
2.14time sheets. Upon completion of the training components, the personal care assistant must
2.15demonstrate the competency to provide assistance to recipients;
2.16    (9) complete training and orientation on the needs of the recipient within the first
2.17seven days after the services begin; and
2.18    (10) be limited to providing and being paid for up to 275 hours per month, except
2.19that this limit shall be 275 hours per month for the period July 1, 2009, through June 30,
2.202011, of personal care assistance services regardless of the number of recipients being
2.21served or the number of personal care assistance provider agencies enrolled with. The
2.22number of hours worked per day shall not be disallowed by the department unless in
2.23violation of the law.
2.24    (b) A legal guardian may be a personal care assistant if the guardian is not being paid
2.25for the guardian services and meets the criteria for personal care assistants in paragraph (a).
2.26    (c) Persons who do not qualify as a personal care assistant include parents and
2.27stepparents of minors, spouses, paid legal guardians, family foster care providers, except
2.28as otherwise allowed in section 256B.0625, subdivision 19a, or staff of a residential
2.29setting. When the personal care assistant is a relative of the recipient, the commissioner
2.30shall pay 80 percent of the provider rate. For purposes of this section, relative means the
2.31parent or adoptive parent of an adult child, a sibling aged 16 years or older, an adult child,
2.32a grandparent, or a grandchild.
2.33EFFECTIVE DATE.This section is effective July 1, 2012.

2.34    Sec. ... Minnesota Statutes 2011 Supplement, section 256B.0659, subdivision 28,
2.35is amended to read:
3.1    Subd. 28. Personal care assistance provider agency; required documentation.
3.2(a) Required documentation must be completed and kept in the personal care assistance
3.3provider agency file or the recipient's home residence. The required documentation
3.4consists of:
3.5(1) employee files, including:
3.6(i) applications for employment;
3.7(ii) background study requests and results;
3.8(iii) orientation records about the agency policies;
3.9(iv) trainings completed with demonstration of competence;
3.10(v) supervisory visits;
3.11(vi) evaluations of employment; and
3.12(vii) signature on fraud statement;
3.13(2) recipient files, including:
3.14(i) demographics;
3.15(ii) emergency contact information and emergency backup plan;
3.16(iii) personal care assistance service plan;
3.17(iv) personal care assistance care plan;
3.18(v) month-to-month service use plan;
3.19(vi) all communication records;
3.20(vii) start of service information, including the written agreement with recipient; and
3.21(viii) date the home care bill of rights was given to the recipient;
3.22(3) agency policy manual, including:
3.23(i) policies for employment and termination;
3.24(ii) grievance policies with resolution of consumer grievances;
3.25(iii) staff and consumer safety;
3.26(iv) staff misconduct; and
3.27(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
3.28resolution of consumer grievances;
3.29(4) time sheets for each personal care assistant along with completed activity sheets
3.30for each recipient served; and
3.31(5) agency marketing and advertising materials and documentation of marketing
3.32activities and costs; and.
3.33(6) for each personal care assistant, whether or not the personal care assistant is
3.34providing care to a relative as defined in subdivision 11.
3.35(b) The commissioner may assess a fine of up to $500 on provider agencies that do
3.36not consistently comply with the requirements of this subdivision.
4.1EFFECTIVE DATE.This section is effective July 1, 2012."
4.2Page 50, after line 11, insert:

4.3    "Sec. .... Laws 2011, First Special Session chapter 9, article 10, section 3, subdivision
4.43, is amended to read:
Subd. 3.Forecasted Programs
4.6The amounts that may be spent from this
4.7appropriation for each purpose are as follows:
(a) MFIP/DWP Grants
Appropriations by Fund
Federal TANF
(b) MFIP Child Care Assistance Grants
(c) General Assistance Grants
4.14General Assistance Standard. The
4.15commissioner shall set the monthly standard
4.16of assistance for general assistance units
4.17consisting of an adult recipient who is
4.18childless and unmarried or living apart
4.19from parents or a legal guardian at $203.
4.20The commissioner may reduce this amount
4.21according to Laws 1997, chapter 85, article
4.223, section 54.
4.23Emergency General Assistance. The
4.24amount appropriated for emergency general
4.25assistance funds is limited to no more
4.26than $6,689,812 in fiscal year 2012 and
4.27$6,729,812 in fiscal year 2013. Funds
4.28to counties shall be allocated by the
4.29commissioner using the allocation method
4.30specified in Minnesota Statutes, section
4.31256D.06 .
(d) Minnesota Supplemental Aid Grants
(e) Group Residential Housing Grants
(f) MinnesotaCare Grants
5.2This appropriation is from the health care
5.3access fund.
(g) Medical Assistance Grants
5.5Managed Care Incentive Payments. The
5.6commissioner shall not make managed care
5.7incentive payments for expanding preventive
5.8services during fiscal years beginning July 1,
5.92011, and July 1, 2012.
5.10Reduction of Rates for Congregate
5.11Living for Individuals with Lower Needs.
5.12Beginning October 1, 2011, lead agencies
5.13must reduce rates in effect on January 1,
5.142011, by ten up to five percent for individuals
5.15with lower needs living in foster care settings
5.16where the license holder does not share
5.17the residence with recipients on the CADI
5.18and DD waivers and customized living
5.19settings for CADI. Lead agencies must adjust
5.20contracts within 60 days of the effective date.
5.21Reduction of Lead Agency Waiver
5.22Allocations to Implement Rate Reductions
5.23for Congregate Living for Individuals
5.24with Lower Needs. Beginning October 1,
5.252011, the commissioner shall reduce lead
5.26agency waiver allocations to implement the
5.27reduction of rates for individuals with lower
5.28needs living in foster care settings where the
5.29license holder does not share the residence
5.30with recipients on the CADI and DD waivers
5.31and customized living settings for CADI.
5.32Reduce customized living and 24-hour
5.33customized living component rates.
5.34Effective July 1, 2011, the commissioner
6.1shall reduce elderly waiver customized living
6.2and 24-hour customized living component
6.3service spending by five percent through
6.4reductions in component rates and service
6.5rate limits. The commissioner shall adjust
6.6the elderly waiver capitation payment
6.7rates for managed care organizations paid
6.8under Minnesota Statutes, section 256B.69,
6.9subdivisions 6a
and 23, to reflect reductions
6.10in component spending for customized living
6.11services and 24-hour customized living
6.12services under Minnesota Statutes, section
6.13256B.0915, subdivisions 3e and 3h, for the
6.14contract period beginning January 1, 2012.
6.15To implement the reduction specified in
6.16this provision, capitation rates paid by the
6.17commissioner to managed care organizations
6.18under Minnesota Statutes, section 256B.69,
6.19shall reflect a ten percent reduction for the
6.20specified services for the period January 1,
6.212012, to June 30, 2012, and a five percent
6.22reduction for those services on or after July
6.231, 2012.
6.24Limit Growth in the Developmental
6.25Disability Waiver. The commissioner
6.26shall limit growth in the developmental
6.27disability waiver to six diversion allocations
6.28per month beginning July 1, 2011, through
6.29June 30, 2013, and 15 diversion allocations
6.30per month beginning July 1, 2013, through
6.31June 30, 2015. Waiver allocations shall
6.32be targeted to individuals who meet the
6.33priorities for accessing waiver services
6.34identified in Minnesota Statutes, 256B.092,
6.35subdivision 12
. The limits do not include
6.36conversions from intermediate care facilities
7.1for persons with developmental disabilities.
7.2Notwithstanding any contrary provisions in
7.3this article, this paragraph expires June 30,
7.5Limit Growth in the Community
7.6Alternatives for Disabled Individuals
7.7Waiver. The commissioner shall limit
7.8growth in the community alternatives for
7.9disabled individuals waiver to 60 allocations
7.10per month beginning July 1, 2011, through
7.11June 30, 2013, and 85 allocations per
7.12month beginning July 1, 2013, through
7.13June 30, 2015. Waiver allocations must
7.14be targeted to individuals who meet the
7.15priorities for accessing waiver services
7.16identified in Minnesota Statutes, section
7.17256B.49, subdivision 11a . The limits include
7.18conversions and diversions, unless the
7.19commissioner has approved a plan to convert
7.20funding due to the closure or downsizing
7.21of a residential facility or nursing facility
7.22to serve directly affected individuals on
7.23the community alternatives for disabled
7.24individuals waiver. Notwithstanding any
7.25contrary provisions in this article, this
7.26paragraph expires June 30, 2015.
7.27Personal Care Assistance Relative
7.28Care. The commissioner shall adjust the
7.29capitation payment rates for managed care
7.30organizations paid under Minnesota Statutes,
7.31section 256B.69, to reflect the rate reductions
7.32for personal care assistance provided by
7.33a relative pursuant to Minnesota Statutes,
7.34section 256B.0659, subdivision 11.
(h) Alternative Care Grants
8.1Alternative Care Transfer. Any money
8.2allocated to the alternative care program that
8.3is not spent for the purposes indicated does
8.4not cancel but shall be transferred to the
8.5medical assistance account.
(i) Chemical Dependency Entitlement Grants
8.7EFFECTIVE DATE.This section is effective July 1, 2012."
8.8Renumber the sections in sequence and correct the internal references
8.9Amend the title accordingly