HF 3177

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; reducing county liability for reimbursement of cost
of care treatment; appropriating money; amending Minnesota Statutes 2004,
section 246.54, subdivision 1; Minnesota Statutes 2005 Supplement, section
256B.19, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 246.54, subdivision 1, is amended to read:

Subdivision 1.

County portion for cost of care.

Except for chemical dependency
services provided under sections 254B.01 to 254B.09, the client's county shall pay to the
state of Minnesota a portion of the cost of care provided in a regional treatment center or a
state nursing facility to a client legally settled in that county. A county's payment shall be
made from the county's own sources of revenue and payments shall be paid as follows:
payments to the state from the county shall equal deleted text begin 20 deleted text end new text begin ten new text end percent of the cost of care, as
determined by the commissioner, for each day, or the portion thereof, that the client spends
at a regional treatment center or a state nursing facility. If payments received by the state
under sections 246.50 to 246.53 exceed deleted text begin 80 deleted text end new text begin 90 new text end percent of the cost of care, the county shall
be responsible for paying the state only the remaining amount. The county shall not be
entitled to reimbursement from the client, the client's estate, or from the client's relatives,
except as provided in section 246.53. No such payments shall be made for any client who
was last committed prior to July 1, 1947.

Sec. 2.

Minnesota Statutes 2005 Supplement, section 256B.19, subdivision 1, is
amended to read:

Subdivision 1.

Division of cost.

The state and county share of medical assistance
costs not paid by federal funds shall be as follows:

deleted text begin (1) deleted text end beginning January 1, 1992, 50 percent state funds and 50 percent county funds
for the cost of placement of severely emotionally disturbed children in regional treatment
centers deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (2) beginning January 1, 2003, 80 percent state funds and 20 percent county funds
for the costs of nursing facility placements of persons with disabilities under the age of 65
that have exceeded 90 days. This clause shall be subject to chapter 256G and shall not
apply to placements in facilities not certified to participate in medical assistance;
deleted text end

deleted text begin (3) beginning July 1, 2004, 90 percent state funds and ten percent county funds for
the costs of placements that have exceeded 90 days in intermediate care facilities for
persons with mental retardation or a related condition that have seven or more beds. This
provision includes pass-through payments made under section ; and
deleted text end

deleted text begin (4) beginning July 1, 2004, when state funds are used to pay for a nursing facility
placement due to the facility's status as an institution for mental diseases (IMD), the
county shall pay 20 percent of the nonfederal share of costs that have exceeded 90 days.
This clause is subject to chapter 256G.
deleted text end

For counties that participate in a Medicaid demonstration project under sections
256B.69 and 256B.71, the division of the nonfederal share of medical assistance expenses
for payments made to prepaid health plans or for payments made to health maintenance
organizations in the form of prepaid capitation payments, this division of medical
assistance expenses shall be 95 percent by the state and five percent by the county of
financial responsibility.

In counties where prepaid health plans are under contract to the commissioner to
provide services to medical assistance recipients, the cost of court ordered treatment
ordered without consulting the prepaid health plan that does not include diagnostic
evaluation, recommendation, and referral for treatment by the prepaid health plan is the
responsibility of the county of financial responsibility.

Sec. 3. new text begin PROPERTY TAXES PAYABLE IN 2007.
new text end

new text begin Effective January 1, 2007, for property taxes payable in 2007, a county shall reduce
its property tax levy by the estimated savings resulting from the amendments in sections
1 and 2.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2007 from the general fund to the commissioner
of human services for the purposes of the amendments in sections 1 and 2.
new text end