HF 124

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; requiring home care providers to 
  1.3             provide at least 15 days' notice of service 
  1.4             termination; increasing state health care program 
  1.5             reimbursement rates for home care providers; amending 
  1.6             Minnesota Statutes 2000, section 144A.44, subdivision 
  1.7             1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 144A.44, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [STATEMENT OF RIGHTS.] A person who 
  1.12  receives home care services has these rights: 
  1.13     (1) the right to receive written information about rights 
  1.14  in advance of receiving care or during the initial evaluation 
  1.15  visit before the initiation of treatment, including what to do 
  1.16  if rights are violated; 
  1.17     (2) the right to receive care and services according to a 
  1.18  suitable and up-to-date plan, and subject to accepted medical or 
  1.19  nursing standards, to take an active part in creating and 
  1.20  changing the plan and evaluating care and services; 
  1.21     (3) the right to be told in advance of receiving care about 
  1.22  the services that will be provided, the disciplines that will 
  1.23  furnish care, the frequency of visits proposed to be furnished, 
  1.24  other choices that are available, and the consequences of these 
  1.25  choices including the consequences of refusing these services; 
  1.26     (4) the right to be told in advance of any change in the 
  2.1   plan of care and to take an active part in any change; 
  2.2      (5) the right to refuse services or treatment; 
  2.3      (6) the right to know, in advance, any limits to the 
  2.4   services available from a provider, and the provider's grounds 
  2.5   for a termination of services; 
  2.6      (7) the right to know in advance of receiving care whether 
  2.7   the services are covered by health insurance, medical 
  2.8   assistance, or other health programs, the charges for services 
  2.9   that will not be covered by Medicare, and the charges that the 
  2.10  individual may have to pay; 
  2.11     (8) the right to know what the charges are for services, no 
  2.12  matter who will be paying the bill; 
  2.13     (9) the right to know that there may be other services 
  2.14  available in the community, including other home care services 
  2.15  and providers, and to know where to go for information about 
  2.16  these services; 
  2.17     (10) the right to choose freely among available providers 
  2.18  and to change providers after services have begun, within the 
  2.19  limits of health insurance, medical assistance, or other health 
  2.20  programs; 
  2.21     (11) the right to have personal, financial, and medical 
  2.22  information kept private, and to be advised of the provider's 
  2.23  policies and procedures regarding disclosure of such 
  2.24  information; 
  2.25     (12) the right to be allowed access to records and written 
  2.26  information from records in accordance with section 144.335; 
  2.27     (13) the right to be served by people who are properly 
  2.28  trained and competent to perform their duties; 
  2.29     (14) the right to be treated with courtesy and respect, and 
  2.30  to have the patient's property treated with respect; 
  2.31     (15) the right to be free from physical and verbal abuse; 
  2.32     (16) the right to reasonable, advance notice of changes in 
  2.33  services or charges, including at least 15 days' advance notice 
  2.34  of the termination of a service by a provider; 
  2.35     (17) the right to a coordinated transfer when there will be 
  2.36  a change in the provider of services; 
  3.1      (18) the right to voice grievances regarding treatment or 
  3.2   care that is, or fails to be, furnished, or regarding the lack 
  3.3   of courtesy or respect to the patient or the patient's property; 
  3.4      (19) the right to know how to contact an individual 
  3.5   associated with the provider who is responsible for handling 
  3.6   problems and to have the provider investigate and attempt to 
  3.7   resolve the grievance or complaint; 
  3.8      (20) the right to know the name and address of the state or 
  3.9   county agency to contact for additional information or 
  3.10  assistance; and 
  3.11     (21) the right to assert these rights personally, or have 
  3.12  them asserted by the patient's family or guardian when the 
  3.13  patient has been judged incompetent, without retaliation. 
  3.14     Sec. 2.  [RATE INCREASE FOR HOME CARE PROVIDERS.] 
  3.15     Subdivision 1.  [INCREASE PROVIDED.] Effective for services 
  3.16  rendered on or after July 1, 2001, the commissioner of human 
  3.17  services shall increase medical assistance, general assistance 
  3.18  medical care, and MinnesotaCare reimbursement rates for home 
  3.19  care services, as defined in Minnesota Statutes, section 
  3.20  144A.43, subdivision 3, by five percent. 
  3.21     Subd. 2.  [REQUIRED USE.] Providers that receive a rate 
  3.22  increase under this section shall use at least 80 percent of the 
  3.23  additional revenue to increase the compensation paid to 
  3.24  employees other than the administrator and central office staff. 
  3.25     Subd. 3.  [EMPLOYER PLAN.] A copy of the employer's plan 
  3.26  for complying with subdivision 2 must be made available to all 
  3.27  employees.  This must be done by giving each employee a copy or 
  3.28  by posting it in an area of the provider's operation to which 
  3.29  all employees have access.  If an employee does not receive the 
  3.30  compensation adjustment described in the plan and is unable to 
  3.31  resolve the problem with the provider, the employee may contact 
  3.32  the employee's union representative.  If the employee is not 
  3.33  covered by a collective bargaining agreement, the employee may 
  3.34  contact the commissioner of human services at a phone number 
  3.35  provided by the commissioner and included in the provider's plan.