HF 375

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

A bill for an act
relating to human services; modifying division of cost
for certain intermediate care facilities for persons
with mental retardation; amending Minnesota Statutes
2004, section 256B.19, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 256B.19,
subdivision 1, is amended to read:

Subdivision 1.

Division of cost.

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

(1) 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;

(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;

(3) beginning July 1, 2004, 80 percent state funds and 20
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 256B.5015; and

(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.

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.

(b) Notwithstanding paragraph (a), clause (3), beginning
July 1, 2005, the state and county share of medical assistance
costs not paid by federal funds shall be 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 (1)
serve a resident population with an average age over 50, (2) are
licensed for over 50 beds as of January 1, 2005, and (3) are
located in Scott County. This provision includes pass-through
payments made under section 256B.5015.

EFFECTIVE DATE.

This section is effective July 1, 2005.