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HF 3777

as introduced - 90th Legislature (2017 - 2018) Posted on 03/14/2018 11:47am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; adding to a definition in the electronic prescription drug program;
modifying provisions in medical education and research; modifying nursing home
provisions; amending Minnesota Statutes 2016, sections 62J.497, subdivision 1;
62J.498, subdivision 1; 62J.692, subdivisions 3, 4; 144A.10, subdivisions 6c, 6d,
6e, 7, 12, 14, 16; 144A.101, subdivisions 2, 5; repealing Minnesota Statutes 2016,
sections 62J.692, subdivision 4a; 62Q.72, subdivision 2; 144A.04, subdivision 10;
144A.10, subdivisions 6b, 11; 144A.101, subdivision 3.

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

Section 1.

Minnesota Statutes 2016, section 62J.497, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For the purposes of this section, the following terms have
the meanings given.

(a) "Backward compatible" means that the newer version of a data transmission standard
would retain, at a minimum, the full functionality of the versions previously adopted, and
would permit the successful completion of the applicable transactions with entities that
continue to use the older versions.

(b) "Dispense" or "dispensing" has the meaning given in section 151.01, subdivision
30
. Dispensing does not include the direct administering of a controlled substance to a
patient by a licensed health care professional.

(c) "Dispenser" means a person authorized by law to dispense a controlled substance,
pursuant to a valid prescription.

(d) "Electronic media" has the meaning given under Code of Federal Regulations, title
45, part 160.103.

(e) "E-prescribing" means the transmission using electronic media of prescription or
prescription-related information between a prescriber, dispenser, pharmacy benefit manager,
or group purchaser, either directly or through an intermediary, including an e-prescribing
network. E-prescribing includes, but is not limited to, two-way transmissions between the
point of care and the dispenser and two-way transmissions related to eligibility, formulary,
and medication history information.

(f) "Electronic prescription drug program" means a program that provides for
e-prescribing.

(g) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

(h) "HL7 messages" means a standard approved by the standards development
organization known as Health Level Seven.

(i) "National Provider Identifier" or "NPI" means the identifier described under Code
of Federal Regulations, title 45, part 162.406.

(j) "NCPDP" means the National Council for Prescription Drug Programs, Inc.

(k) "NCPDP Formulary and Benefits Standard" means the National Council for
Prescription Drug Programs Formulary and Benefits Standard, Implementation Guide,
Version deleted text begin1deleted text endnew text begin 3new text end, Release 0deleted text begin, October 2005.deleted text endnew text begin or the most recent standard adopted by the Centers
for Medicare and Medicaid Services for e-prescribing under Medicare Part D as required
by section 1860D-4(e)(4)(D) of the Social Security Act, and regulations adopted under it.
The standards shall be implemented according to the Centers for Medicare and Medicaid
Services schedule for compliance. Subsequently released versions of the NCPDP Formulary
and Benefit Standard may be used, provided that the new version of the standard is backward
compatible to the current version adopted by the Centers for Medicare and Medicaid Services.
new text end

(l) "NCPDP SCRIPT Standard" means the National Council for Prescription Drug
Programs Prescriber/Pharmacist Interface SCRIPT Standard, Implementation Guide Version
deleted text begin 8deleted text endnew text begin 10new text end, Release deleted text begin1deleted text endnew text begin 6new text end (Version deleted text begin8.1deleted text endnew text begin 10.6new text end), deleted text beginOctober 2005,deleted text end or the most recent standard adopted by
the Centers for Medicare and Medicaid Services for e-prescribing under Medicare Part D
as required by section 1860D-4(e)(4)(D) of the Social Security Act, and regulations adopted
under it. The standards shall be implemented according to the Centers for Medicare and
Medicaid Services schedule for compliance. Subsequently released versions of the NCPDP
SCRIPT Standard may be used, provided that the new version of the standard is backward
compatible to the current version adopted by the Centers for Medicare and Medicaid Services.

(m) "Pharmacy" has the meaning given in section 151.01, subdivision 2.

(n) "Prescriber" means a licensed health care practitioner, other than a veterinarian, as
defined in section 151.01, subdivision 23.

(o) "Prescription-related information" means information regarding eligibility for drug
benefits, medication history, or related health or drug information.

(p) "Provider" or "health care provider" has the meaning given in section 62J.03,
subdivision 8.

Sec. 2.

Minnesota Statutes 2016, section 62J.498, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

The following definitions apply to sections 62J.498 to
62J.4982:

(a) "Clinical data repository" means a real time database that consolidates data from a
variety of clinical sources to present a unified view of a single patient and is used by a
state-certified health information exchange service provider to enable health information
exchange among health care providers that are not related health care entities as defined in
section 144.291, subdivision 2, paragraph deleted text begin(j)deleted text endnew text begin (k)new text end. This does not include clinical data that
are submitted to the commissioner for public health purposes required or permitted by law,
including any rules adopted by the commissioner.

(b) "Clinical transaction" means any meaningful use transaction or other health
information exchange transaction that is not covered by section 62J.536.

(c) "Commissioner" means the commissioner of health.

(d) "Health care provider" or "provider" means a health care provider or provider as
defined in section 62J.03, subdivision 8.

(e) "Health data intermediary" means an entity that provides the technical capabilities
or related products and services to enable health information exchange among health care
providers that are not related health care entities as defined in section 144.291, subdivision
2, paragraph deleted text begin(j)deleted text endnew text begin (k)new text end. This includes but is not limited to: health information service providers
(HISP), electronic health record vendors, and pharmaceutical electronic data intermediaries
as defined in section 62J.495.

(f) "Health information exchange" means the electronic transmission of health-related
information between organizations according to nationally recognized standards.

(g) "Health information exchange service provider" means a health data intermediary
or health information organization.

(h) "Health information organization" means an organization that oversees, governs,
and facilitates health information exchange among health care providers that are not related
health care entities as defined in section 144.291, subdivision 2, paragraph deleted text begin(j)deleted text endnew text begin (k)new text end, to improve
coordination of patient care and the efficiency of health care delivery.

(i) "HITECH Act" means the Health Information Technology for Economic and Clinical
Health Act as defined in section 62J.495.

(j) "Major participating entity" means:

(1) a participating entity that receives compensation for services that is greater than 30
percent of the health information organization's gross annual revenues from the health
information exchange service provider;

(2) a participating entity providing administrative, financial, or management services to
the health information organization, if the total payment for all services provided by the
participating entity exceeds three percent of the gross revenue of the health information
organization; and

(3) a participating entity that nominates or appoints 30 percent or more of the board of
directors or equivalent governing body of the health information organization.

(k) "Master patient index" means an electronic database that holds unique identifiers of
patients registered at a care facility and is used by a state-certified health information
exchange service provider to enable health information exchange among health care providers
that are not related health care entities as defined in section 144.291, subdivision 2, paragraph
deleted text begin (j)deleted text endnew text begin (k)new text end. This does not include data that are submitted to the commissioner for public health
purposes required or permitted by law, including any rules adopted by the commissioner.

(l) "Meaningful use" means use of certified electronic health record technology to improve
quality, safety, and efficiency and reduce health disparities; engage patients and families;
improve care coordination and population and public health; and maintain privacy and
security of patient health information as established by the Centers for Medicare and
Medicaid Services and the Minnesota Department of Human Services pursuant to sections
4101, 4102, and 4201 of the HITECH Act.

(m) "Meaningful use transaction" means an electronic transaction that a health care
provider must exchange to receive Medicare or Medicaid incentives or avoid Medicare
penalties pursuant to sections 4101, 4102, and 4201 of the HITECH Act.

(n) "Participating entity" means any of the following persons, health care providers,
companies, or other organizations with which a health information organization or health
data intermediary has contracts or other agreements for the provision of health information
exchange services:

(1) a health care facility licensed under sections 144.50 to 144.56, a nursing home
licensed under sections 144A.02 to 144A.10, and any other health care facility otherwise
licensed under the laws of this state or registered with the commissioner;

(2) a health care provider, and any other health care professional otherwise licensed
under the laws of this state or registered with the commissioner;

(3) a group, professional corporation, or other organization that provides the services of
individuals or entities identified in clause (2), including but not limited to a medical clinic,
a medical group, a home health care agency, an urgent care center, and an emergent care
center;

(4) a health plan as defined in section 62A.011, subdivision 3; and

(5) a state agency as defined in section 13.02, subdivision 17.

(o) "Reciprocal agreement" means an arrangement in which two or more health
information exchange service providers agree to share in-kind services and resources to
allow for the pass-through of clinical transactions.

(p) "State-certified health data intermediary" means a health data intermediary that has
been issued a certificate of authority to operate in Minnesota.

(q) "State-certified health information organization" means a health information
organization that has been issued a certificate of authority to operate in Minnesota.

Sec. 3.

Minnesota Statutes 2016, section 62J.692, subdivision 3, is amended to read:


Subd. 3.

Application process.

(a) A clinical medical education program conducted in
Minnesota by a teaching institution to train physicians, doctor of pharmacy practitioners,
dentists, chiropractors, physician assistants, dental therapists and advanced dental therapists,
psychologists, clinical social workers, community paramedics, or community health workers
is eligible for funds under subdivision 4 if the program:

(1) is funded, in part, by patient care revenues;

(2) occurs in patient care settings that face increased financial pressure as a result of
competition with nonteaching patient care entities; and

(3) emphasizes primary care or specialties that are in undersupply in Minnesota.

(b) A clinical medical education program for advanced practice nursing is eligible for
funds under subdivision 4 if the program meets the eligibility requirements in paragraph
(a), clauses (1) to (3), and is sponsored by the University of Minnesota Academic Health
Center, the Mayo Foundation, or institutions that are part of the Minnesota State Colleges
and Universities system or members of the Minnesota Private College Council.

(c) Applications must be submitted to the commissioner by a sponsoring institution on
behalf of an eligible clinical medical education program and must be received by October
31 of each year for distribution in the following year. An application for funds must contain
the following information:

(1) the official name and address of the sponsoring institution and the official name and
site address of the clinical medical education programs on whose behalf the sponsoring
institution is applying;

(2) the name, title, and business address of those persons responsible for administering
the funds;

(3) for each clinical medical education program for which funds are being sought; the
type and specialty orientation of trainees in the program; the name, site address, and medical
assistance provider number and national provider identification number of each training
site used in the program; the federal tax identification number of each training site used in
the program, where available; the total number of trainees at each training site; and the total
number of eligible trainee FTEs at each site; and

(4) other supporting information the commissioner deems necessary to determine program
eligibility based on the criteria in paragraphs (a) and (b) and to ensure the equitable
distribution of funds.

deleted text begin (d) An application must include the information specified in clauses (1) to (3) for each
clinical medical education program on an annual basis for three consecutive years. After
that time, an application must include the information specified in clauses (1) to (3) when
requested, at the discretion of the commissioner:
deleted text end

deleted text begin (1) audited clinical training costs per trainee for each clinical medical education program
when available or estimates of clinical training costs based on audited financial data;
deleted text end

deleted text begin (2) a description of current sources of funding for clinical medical education costs,
including a description and dollar amount of all state and federal financial support, including
Medicare direct and indirect payments; and
deleted text end

deleted text begin (3) other revenue received for the purposes of clinical training.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end An applicant that does not provide information requested by the commissioner
shall not be eligible for funds for the current funding cycle.

Sec. 4.

Minnesota Statutes 2016, section 62J.692, subdivision 4, is amended to read:


Subd. 4.

Distribution of funds.

(a) The commissioner shall annually distribute the
available medical education funds to all qualifying applicants based on a public program
volume factor, which is determined by the total volume of public program revenue received
by each training site as a percentage of all public program revenue received by all training
sites in the fund pool.

Public program revenue for the distribution formula includes revenue from medical
assistance and prepaid medical assistance. Training sites that receive no public program
revenue are ineligible for funds available under this subdivision. deleted text beginFor purposes of determining
training-site level grants to be distributed under this paragraph, total statewide average costs
per trainee for medical residents is based on audited clinical training costs per trainee in
primary care clinical medical education programs for medical residents. Total statewide
average costs per trainee for dental residents is based on audited clinical training costs per
trainee in clinical medical education programs for dental students. Total statewide average
costs per trainee for pharmacy residents is based on audited clinical training costs per trainee
in clinical medical education programs for pharmacy students.
deleted text end Training sites whose training
site level grant is less than $5,000, based on the formula described in this paragraph, or that
train fewer than 0.1 FTE eligible trainees, are ineligible for funds available under this
subdivision. No training sites shall receive a grant per FTE trainee that is in excess of the
95th percentile grant per FTE across all eligible training sites; grants in excess of this amount
will be redistributed to other eligible sites based on the formula described in this paragraph.

deleted text begin (b) For funds distributed in fiscal years 2014 and 2015, the distribution formula shall
include a supplemental public program volume factor, which is determined by providing a
supplemental payment to training sites whose public program revenue accounted for at least
0.98 percent of the total public program revenue received by all eligible training sites. The
supplemental public program volume factor shall be equal to ten percent of each training
site's grant for funds distributed in fiscal year 2014 and for funds distributed in fiscal year
2015. Grants to training sites whose public program revenue accounted for less than 0.98
percent of the total public program revenue received by all eligible training sites shall be
reduced by an amount equal to the total value of the supplemental payment. For fiscal year
2016 and beyond, the distribution of funds shall be based solely on the public program
volume factor as described in paragraph (a).
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end Funds distributed shall not be used to displace current funding appropriations
from federal or state sources.

deleted text begin (d)deleted text endnew text begin (c)new text end Funds shall be distributed to the sponsoring institutions indicating the amount to
be distributed to each of the sponsor's clinical medical education programs based on the
criteria in this subdivision and in accordance with the commissioner's approval letter. Each
clinical medical education program must distribute funds allocated under deleted text beginparagraphsdeleted text endnew text begin
paragraph
new text end (a) deleted text beginand (b)deleted text end to the training sites as specified in the commissioner's approval letter.
Sponsoring institutions, which are accredited through an organization recognized by the
Department of Education or the Centers for Medicare and Medicaid Services, may contract
directly with training sites to provide clinical training. To ensure the quality of clinical
training, those accredited sponsoring institutions must:

(1) develop contracts specifying the terms, expectations, and outcomes of the clinical
training conducted at sites; and

(2) take necessary action if the contract requirements are not met. Action may include
the withholding of payments under this section or the removal of students from the site.

deleted text begin (e)deleted text endnew text begin (d)new text end Use of funds is limited to expenses related to clinical training program costs for
eligible programs.

deleted text begin (f)deleted text endnew text begin (e)new text end Any funds not distributed in accordance with the commissioner's approval letter
must be returned to the medical education and research fund within 30 days of receiving
notice from the commissioner. The commissioner shall distribute returned funds to the
appropriate training sites in accordance with the commissioner's approval letter.

deleted text begin (g)deleted text endnew text begin (f)new text end A maximum of $150,000 of the funds dedicated to the commissioner under section
297F.10, subdivision 1, clause (2), may be used by the commissioner for administrative
expenses associated with implementing this section.

Sec. 5.

Minnesota Statutes 2016, section 144A.10, subdivision 6c, is amended to read:


Subd. 6c.

Overlap of fines.

If a nursing home is subject to fines under both deleted text beginsubdivisionsdeleted text endnew text begin
subdivision
new text end 6 deleted text beginand 6bdeleted text end new text beginand federal law new text endfor the same requirement, condition, situation, or
practice, the commissioner shall assess deleted text begineitherdeleted text endnew text begin onlynew text end the fine provided by deleted text beginsubdivision 6 ordeleted text end the
new text begin federal law new text endfine deleted text beginprovided by subdivision 6bdeleted text end.

Sec. 6.

Minnesota Statutes 2016, section 144A.10, subdivision 6d, is amended to read:


Subd. 6d.

Schedule of fines.

(a) The schedule of fines for noncompliance with correction
orders issued to nursing homes that was adopted under the provisions of section 144A.10,
subdivision 6
, and in effect on May 1, 1989, is effective until repealed, modified, or
superseded by rule.

(b) By September 1, 1990, the commissioner shall amend the schedule of fines to increase
to $250 the fines for violations of section 144.651, subdivisions 18, 20, 21, 22, 27, and 30,
and for repeated violations.

deleted text begin (c) The commissioner shall adopt rules establishing the schedule of fines for deficiencies
in the requirements of section 1919(b), (c), and (d), of the Social Security Act, or regulations
adopted under that section of the Social Security Act.
deleted text end

Sec. 7.

Minnesota Statutes 2016, section 144A.10, subdivision 6e, is amended to read:


Subd. 6e.

Use of fines.

When the commissioner of health determines the use of, or
provides recommendations on the use of deleted text beginfines collected under subdivision 6 or 6bdeleted text endnew text begin federal
civil monetary penalties
new text end, two representatives of the nursing home industry, appointed by
nursing home trade associations, and two consumer representatives as appointed by the
commissioner must be included in the process of developing or preparing any information,
reviews, or recommendations on the use of the fines. This includes, but is not limited to,
including two representatives of the nursing home industry in any committee designed to
provide information and recommendations for the use of the fines.

Sec. 8.

Minnesota Statutes 2016, section 144A.10, subdivision 7, is amended to read:


Subd. 7.

Accumulation of fines.

A nursing home shall promptly notify the commissioner
of health in writing when a violation noted in a notice of noncompliance is corrected. Upon
receipt of written notification by the commissioner of health, the daily fine assessed for the
deficiency shall stop accruing. The facility shall be reinspected within three working days
after receipt of the notification. If upon reinspection the representative of the commissioner
of health determines that a deficiency has not been corrected as indicated by the notification
of compliance the daily fine assessment shall resume and the amount of fines which otherwise
would have accrued during the period prior to resumption shall be added to the total
assessment due from the nursing home. The commissioner of health shall notify the nursing
home of the resumption by certified mailnew text begin or electronically to the administrator of the nursing
home
new text end. The nursing home may challenge the resumption as a contested case in accordance
with the provisions of chapter 14. Recovery of the resumed fine shall be stayed if a
controlling person or a legal representative on behalf of the nursing home makes a written
request for a hearing on the resumption within 15 days of receipt of the notice of resumption.
The cost of a reinspection conducted pursuant to this subdivision shall be added to the total
assessment due from the nursing home.

Sec. 9.

Minnesota Statutes 2016, section 144A.10, subdivision 12, is amended to read:


Subd. 12.

Data on follow-up surveys.

(a) If requested, and not prohibited by federal
law, the commissioner shall make available to the nursing home associations and the public
deleted text begin photocopies ofdeleted text end statements of deficiencies and related letters from the department pertaining
to federal certification surveys. deleted text beginThe commissioner may charge for the actual cost of
reproduction of these documents.
deleted text end

(b) The commissioner shall also make available on a quarterly basis aggregate data for
all statements of deficiencies issued after federal certification follow-up surveys related to
surveys that were conducted in the quarter prior to the immediately preceding quarter. The
data shall include the number of facilities with deficiencies, the total number of deficiencies,
the number of facilities that did not have any deficiencies, the number of facilities for which
a resurvey or follow-up survey was not performed, and the average number of days between
the follow up or resurvey and the exit date of the preceding survey.

Sec. 10.

Minnesota Statutes 2016, section 144A.10, subdivision 14, is amended to read:


Subd. 14.

Immediate jeopardy.

When conducting survey certification and enforcement
activities related to regular, expanded, or extended surveys new text beginand if consistent new text endunder Code of
Federal Regulations, title 42, part 488, the commissioner may not issue a finding of
immediate jeopardy unless the specific event or omission that constitutes the violation of
the requirements of participation poses an imminent risk of life-threatening or serious injury
to a resident. The commissioner may not issue any findings of immediate jeopardy after the
conclusion of a regular, expanded, or extended survey unless the survey team identified the
deficient practice or practices that constitute immediate jeopardy and the residents at risk
prior to the close of the exit conferencenew text begin if consistent with federal requirementsnew text end.

Sec. 11.

Minnesota Statutes 2016, section 144A.10, subdivision 16, is amended to read:


Subd. 16.

Independent informal dispute resolution.

(a) Notwithstanding subdivision
15, a facility certified under the federal Medicare or Medicaid programs may request from
the commissioner, in writing, an independent informal dispute resolution process regarding
any deficiency citation issued to the facility. The facility must specify in its written request
each deficiency citation that it disputes. The commissioner shall provide deleted text begina hearing under
sections 14.57 to 14.62
deleted text endnew text begin an informal dispute resolution procedure consistent with federal
requirements
new text end. Upon the written request of the facility, deleted text beginthe parties must submit the issues
raised to arbitration by an administrative law judge.
deleted text endnew text begin an informal dispute resolution proceeding
shall be scheduled by the reviewer. The informal dispute proceeding shall take place within
90 days of the request. The commissioner may contract with the Office of Administrative
Hearings or another federally approved reviewer to conduct the informal dispute process.
new text end

(b) Upon receipt of a written request for an deleted text beginarbitrationdeleted text endnew text begin informal disputenew text end proceeding, the
commissioner shall file with the deleted text beginOffice of Administrative Hearingsdeleted text endnew text begin reviewernew text end a deleted text beginrequest for
the appointment of an arbitrator and simultaneously serve the facility with
deleted text end notice of the
request. The deleted text beginarbitratordeleted text endnew text begin reviewernew text end for the dispute shall be an administrative law judge appointed
by the Office of Administrative Hearingsnew text begin or another federally approved reviewernew text end. deleted text beginThe
disclosure provisions of section 572B.12 and the notice provisions of section 572B.15,
subsection (c), apply.
deleted text end The facility deleted text beginand the commissioner havedeleted text endnew text begin hasnew text end the right to be represented
by an attorneynew text begin at the expense of the facilitynew text end.

(c) The commissioner and the facility deleted text beginmay present written evidence, depositions, and
oral statements and arguments at the arbitration proceeding
deleted text endnew text begin must abide by the federal
requirements for informal dispute proceedings
new text end. Oral statements and arguments may be made
by telephone.

(d) Within ten working days of the close of the deleted text beginarbitrationdeleted text end proceeding, the deleted text beginadministrative
law judge
deleted text endnew text begin reviewernew text end shall issue findings regarding each of the deficiencies in dispute. The
findings shall be one or more of the following:

(1) Supported in full. The citation is supported in full, with no deletion of findings and
no change in the scope or severity assigned to the deficiency citation.

(2) Supported in substance. The citation is supported, but one or more findings are
deleted without any change in the scope or severity assigned to the deficiency.

(3) Deficient practice cited under wrong requirement of participation. The citation is
amended by moving it to the correct requirement of participation.

(4) Scope not supported. The citation is amended through a change in the scope assigned
to the citation.

(5) Severity not supported. The citation is amended through a change in the severity
assigned to the citation.

(6) No deficient practice. The citation is deleted because the findings did not support
the citation or the negative resident outcome was unavoidable. The findings of the arbitrator
are not binding on the commissioner.

deleted text begin (e) The commissioner shall reimburse the Office of Administrative Hearings for the
costs incurred by that office for the arbitration proceeding. The facility shall reimburse the
commissioner for the proportion of the costs that represent the sum of deficiency citations
supported in full under paragraph (d), clause (1), or in substance under paragraph (d), clause
(2), divided by the total number of deficiencies disputed. A deficiency citation for which
the administrative law judge's sole finding is that the deficient practice was cited under the
wrong requirements of participation shall not be counted in the numerator or denominator
in the calculation of the proportion of costs.
deleted text end

Sec. 12.

Minnesota Statutes 2016, section 144A.101, subdivision 2, is amended to read:


Subd. 2.

Statement of deficiencies.

The commissioner shall provide nursing facilities
deleted text begin with draft statements of deficiencies at the time of the survey exit process and shall provide
facilities
deleted text end with completed statements of deficiencies within 15 working days of the exit
process.

Sec. 13.

Minnesota Statutes 2016, section 144A.101, subdivision 5, is amended to read:


Subd. 5.

Survey revisits.

The commissioner shall conduct survey revisits deleted text beginwithin 15
calendar days of the date by which corrections will be completed, as specified by the provider
in its plan of correction, in cases where category 2 or category 3 remedies are in place
deleted text endnew text begin
consistent with federal requirements
new text end. The commissioner may conduct survey revisits by
telephone or written communications for facilities at which the highest scope and severity
score for a violation was level E or lower.

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 62J.692, subdivision 4a; 62Q.72, subdivision 2;
144A.04, subdivision 10; 144A.10, subdivisions 6b and 11; and 144A.101, subdivision 3,
new text end new text begin
are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-6065

62J.692 MEDICAL EDUCATION.

Subd. 4a.

Alternative distribution.

If federal approval is not received for the formula described in subdivision 4, paragraphs (a) and (b), 100 percent of available medical education and research funds shall be distributed based on a distribution formula that reflects a summation of two factors:

(1) a public program volume factor, that is determined by the total volume of public program revenue received by each training site as a percentage of all public program revenue received by all training sites in the fund pool; and

(2) a supplemental public program volume factor, that is determined by providing a supplemental payment of 20 percent of each training site's grant to training sites whose public program revenue accounted for at least 0.98 percent of the total public program revenue received by all eligible training sites. Grants to training sites whose public program revenue accounted for less than 0.98 percent of the total public program revenue received by all eligible training sites shall be reduced by an amount equal to the total value of the supplemental payment.

62Q.72 RECORD KEEPING; REPORTING.

Subd. 2.

Reporting.

Each health plan company shall submit to the appropriate commissioner, as part of the company's annual filing, data on the number and type of complaints that are not resolved within 30 days, or 30 business days as provided under section 72A.201, subdivision 4, clause (3), for insurance companies licensed under chapter 60A. The commissioner shall also make this information available to the public upon request.

144A.04 QUALIFICATIONS FOR LICENSE.

Subd. 10.

Assessments for short-stay residents.

Upon federal approval, a nursing home is not required to perform a resident assessment on a resident expected to remain in the facility for 30 days or less. A short-stay resident transferring from a hospital to a nursing home must have a plan of care developed at the hospital before admission to the nursing home. If a short-stay resident remains in the nursing home longer than 30 days, the nursing home must perform the resident assessment in accordance with sections 144.0721 and 144.0722 within 40 days of the resident's admission.

144A.10 INSPECTION; COMMISSIONER OF HEALTH; FINES.

Subd. 6b.

Fines for federal certification deficiencies.

If the commissioner determines that a nursing home or certified boarding care home does not meet a requirement of section 1919(b), (c), or (d), of the Social Security Act, or any regulation adopted under that section of the Social Security Act, the nursing home or certified boarding care home may be assessed a civil fine for each day of noncompliance and until a notice of correction is received by the commissioner under subdivision 7. Money collected because of these fines must be applied to the protection of the health or property of residents of nursing facilities the commissioner finds deficient. A fine for a specific deficiency may not exceed $500 for each day of noncompliance. The commissioner shall adopt rules establishing a schedule of fines.

Subd. 11.

Facilities cited for immediate jeopardy.

(a) The provisions of this subdivision apply to Minnesota nursing facilities:

(1) that received immediate jeopardy citations between April 1, 1998, and January 13, 1999, for violations of regulations governing the use of physical restraints; and

(2) on whose behalf the commissioner recommended to the federal government that fines for these citations not be imposed or be rescinded.

(b) The commissioner:

(1) shall grant all possible waivers for the continuation of an approved nurse aide training program, an approved competency evaluation program, or an approved nurse aide training and competency evaluation program conducted by or on the site of a facility referred to in this subdivision; and

(2) shall notify the Board of Nursing Home Administrators by June 1, 1999, that the commissioner has recommended to the federal government that fines not be imposed on the facilities referred to in this subdivision or that any fines imposed on these facilities for violations of regulations governing use of physical restraints be rescinded.

144A.101 PROCEDURES FOR FEDERALLY REQUIRED SURVEY PROCESS.

Subd. 3.

Surveyor notes.

The commissioner, upon the request of a nursing facility, shall provide the facility with copies of formal surveyor notes taken during the survey, with the exception of interview forms, at the time of the exit conference or at the time the completed statement of deficiency is provided to the facility. The survey notes shall be redacted to protect the confidentiality of individuals providing information to the surveyors. A facility requesting formal surveyor notes must agree to pay the commissioner for the cost of copying and redacting.