Reporting and analysis of cost data.

(a) The commissioner must ensure that wage values and component values in subdivisions 5 to 9 reflect the cost to provide the service. As determined by the commissioner, in consultation with stakeholders identified in deleted text begin section 256B.4913, deleted text end subdivision deleted text begin 5 deleted text end new text begin 17 new text end , a provider enrolled to provide services with rates determined under this section must submit requested cost data to the commissioner to support research on the cost of providing services that have rates determined by the disability waiver rates system. Requested cost data may include, but is not limited to:

(1) worker wage costs;

(2) benefits paid;

(3) supervisor wage costs;

(4) executive wage costs;

(5) vacation, sick, and training time paid;

(6) taxes, workers' compensation, and unemployment insurance costs paid;

(7) administrative costs paid;

(8) program costs paid;

(9) transportation costs paid;

(10) vacancy rates; and

(11) other data relating to costs required to provide services requested by the commissioner.

(b) At least once in any five-year period, a provider must submit cost data for a fiscal year that ended not more than 18 months prior to the submission date. The commissioner shall provide each provider a 90-day notice prior to its submission due date. If a provider fails to submit required reporting data, the commissioner shall provide notice to providers that have not provided required data 30 days after the required submission date, and a second notice for providers who have not provided required data 60 days after the required submission date. The commissioner shall temporarily suspend payments to the provider if cost data is not received 90 days after the required submission date. Withheld payments shall be made once data is received by the commissioner.

(c) The commissioner shall conduct a random validation of data submitted under paragraph (a) to ensure data accuracy. The commissioner shall analyze cost documentation in paragraph (a) and provide recommendations for adjustments to cost components.

(d) The commissioner shall analyze cost documentation in paragraph (a) and, in consultation with stakeholders identified in deleted text begin section 256B.4913, deleted text end subdivision deleted text begin 5 deleted text end new text begin 17 new text end , may submit recommendations on component values and inflationary factor adjustments to the chairs and ranking minority members of the legislative committees with jurisdiction over human services every four years beginning January 1, deleted text begin 2020 deleted text end new text begin 2021 new text end . The commissioner shall make recommendations in conjunction with reports submitted to the legislature according to subdivision 10, paragraph deleted text begin (e) deleted text end new text begin (c) new text end . The commissioner shall release cost data in an aggregate form, and cost data from individual providers shall not be released except as provided for in current law.

(e) The commissioner, in consultation with stakeholders identified in deleted text begin section 256B.4913, deleted text end subdivision deleted text begin 5 deleted text end new text begin 17 new text end , shall develop and implement a process for providing training and technical assistance necessary to support provider submission of cost documentation required under paragraph (a).

new text begin (f) By December 31, 2020, providers paid with rates calculated under subdivision 5, paragraph (b), shall identify additional revenues from the competitive workforce factor and prepare a written distribution plan for the revenues. A provider shall make the provider's distribution plan available and accessible to all direct care staff for a minimum of one calendar year. Upon request, a provider shall submit the written distribution plan to the commissioner. new text end

new text begin (g) Providers enrolled to provide services with rates determined under section 256B.4914, subdivision 3, shall submit labor market data to the commissioner annually on or before November 1, including but not limited to: new text end

new text begin (1) number of direct care staff; new text end

new text begin (2) wages of direct care staff; new text end

new text begin (3) overtime wages of direct care staff; new text end

new text begin (4) hours worked by direct care staff; new text end

new text begin (5) overtime hours worked by direct care staff; new text end

new text begin (6) benefits provided to direct care staff; new text end

new text begin (7) direct care staff job vacancies; and new text end

new text begin (8) direct care staff retention rates. new text end

new text begin (h) The commissioner shall publish annual reports on provider and state-level labor market data, including but not limited to the data obtained under paragraph (g). new text end

new text begin (i) The commissioner may temporarily suspend payments to the provider if data requested under paragraph (g) is not received 90 days after the required submission date. Withheld payments shall be made once data is received by the commissioner. new text end

new text begin (j) Providers who receive payment under this section for less than 25 percent of their clients in the year prior to the report may attest to the commissioner in a manner determined by the commissioner that they are declining to provide the data required under paragraph (g) and will not be subject to the payment suspension in paragraph (i). new text end