HF 470

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; extending and modifying the notice 
  1.3             period for ceasing or curtailing operation of certain 
  1.4             nursing homes; amending Minnesota Statutes 2000, 
  1.5             section 144A.16. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 144A.16, is 
  1.8   amended to read: 
  1.9      144A.16 [CESSATION OF OPERATIONS.] 
  1.10     Subdivision 1.  [GENERAL REQUIREMENTS.] If a nursing home 
  1.11  that does not meet the criteria in subdivision 2 voluntarily 
  1.12  plans to cease operations or to curtail operations to the extent 
  1.13  that relocation of residents is necessary, the controlling 
  1.14  persons of the facility shall notify the commissioner of health 
  1.15  at least 90 days prior to the scheduled cessation or 
  1.16  curtailment.  The commissioner of health shall cooperate with 
  1.17  and advise the controlling persons of the nursing home in the 
  1.18  resettlement of residents.  Failure to comply with this section 
  1.19  subdivision shall be a violation of section 144A.10. 
  1.20     Subd. 2.  [REQUIREMENTS FOR SPECIFIC FACILITIES.] If a 
  1.21  nursing facility located in a county with a ratio of nursing 
  1.22  facility beds to county residents age 85 or over that is in the 
  1.23  lowest quartile of all counties voluntarily plans to cease 
  1.24  operations or to curtail operations to the extent that 
  1.25  relocation of residents is necessary, the controlling persons of 
  2.1   the facility shall notify the commissioner of health at least 
  2.2   180 days prior to the scheduled cessation or curtailment.  Upon 
  2.3   receipt of this notice, the commissioner of health, in 
  2.4   cooperation with the controlling persons, shall evaluate and 
  2.5   recommend alternatives to cessation or curtailment of 
  2.6   operations, and at the request of the controlling persons, 
  2.7   provide technical assistance in developing and implementing an 
  2.8   alternative.  The controlling persons, after this evaluation, 
  2.9   may continue with plans to cease or curtail operations, subject 
  2.10  to the notice period given to the commissioner.  The 
  2.11  commissioner shall cooperate with and advise the controlling 
  2.12  persons of the nursing facility in the resettlement of 
  2.13  residents.  Failure to comply with this subdivision is a 
  2.14  violation of section 144A.10. 
  2.15     Sec. 2.  [EFFECTIVE DATE.] 
  2.16     Section 1 is effective the day following final enactment 
  2.17  and applies to notifications of cessation or curtailment of 
  2.18  operations given to the commissioner of health on or after that 
  2.19  date.