Elderly waiver disproportionate share program modified 2022 Regular Session HF4065 Chapter 98, Article 7, Section 31 Health & Human Services omnibus policy bill Effective: September 1, 2022, or upon federal approval, whichever is later, and applies to services provided on or after January 1, 2023, or on or after the date upon which federal approval is obtained, whichever is later. Short description The program eligibility for assisted living facilities to receive disproportionate payments for Elderly Waiver (EW) customized living (CL) clients was modified. Summary The 2021 Legislature created the Disproportionate Share program where assisted living facilities with an Elderly Waiver (EW) customized living (CL) census of 80% could apply and receive a rate floor of $119 per resident per day. However, the language adopted was altered in the final days of the session in a way that excluded some of the providers the program was intended to help. The 2022 legislature entertained several proposals to revise the program, including additional funding to increase the rate floor and expand the qualifying parameters. However, as the 2022 regular legislative session drew to a close and no spending agreement could be found, budget neutral changes to the Disproportionate Share were adopted. While the rate floor of $119 per day is unchanged and only applies to EW-CL clients, the following important changes to the program were made: • The standard used for judging if a setting is eligible was changed from EW-CL comprising 80%of census to: o at least 83.5 percent of the residents of the facility are customized living residents; and o at least 70 percent of the customized living residents are elderly waiver participants. • The definition of “customized living resident” was expanded to include CADI and Brain Injury (BI) customized living recipients with EW-CL recipients. Note CADI and BI recipients do not qualify for the rate floor payment. • The legislature clarified that assisted living facilities and the customized living settings exempted from assisted living licensure may apply. • Applications will be accepted between September 1 and September 30 (as opposed to October 1 to October 31). • September 1 will be used as the date for reporting census. Implications Facilities that serve a high percentage customized living clients will want to review the DHS application and guidance when published and determine if applying makes sense. For those facilities that qualify, the increase in payments for low case mix EW-CL clients could be significant. Bill language https://www.revisor.mn.gov/laws/2022/0/Session+Law/Chapter/98/ Sec. 31. Minnesota Statutes 2021 Supplement, section 256S.205, is amended to read: 256S.205 CUSTOMIZED LIVING SERVICES; DISPROPORTIONATE SHARE RATE ADJUSTMENTS.
CARE PROVIDERS OF MINNESOTA
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2022 LEGISLATIVE UPDATE BOOK
