HF 2051

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/20/2023 12:21pm

A bill for an act
relating to health; aligning independent informal dispute resolution process;
amending Minnesota Statutes 2022, section 144A.10, subdivisions 15, 16.

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

Section 1.

Minnesota Statutes 2022, section 144A.10, subdivision 15, is amended to read:

Subd. 15.

Informal dispute resolution.

The commissioner shall respond in writing to
a request from a nursing facility certified under the federal Medicare and Medicaid programs
for an informal dispute resolution within 30 days of the exit date of the facility's survey.
The commissioner's response shall identify the commissioner's decision regarding deleted text begin the
continuation of deleted text end each deficiency citation challenged by the nursing facility, as well as a
statement of any changes in findings, level of severity or scope, and proposed remedies or
sanctions for each deficiency citation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, 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 new text begin that has been
assessed a civil money penalty as provided by Code of Federal Regulations, title 42, section
488.430, new text end may request from the commissioner, in writing, an independent informal dispute
resolution process regarding any deficiency deleted text begin citation issued to the facility deleted text end . The facility must
deleted text begin specify in its written request each deficiency citation that it disputes. The commissioner
shall provide a hearing under sections 14.57 to 14.62. Upon the written request of the facility,
the parties must submit the issues raised to arbitration by an administrative law judge deleted text end new text begin submit
its request in writing within 30 days of receiving notice that a civil money penalty will be
imposed new text end .

new text begin (b) An independent informal dispute resolution may not be requested for any deficiency
that is the subject of an active informal dispute resolution requested under subdivision 15.
The facility must withdraw its informal dispute resolution prior to requesting independent
informal dispute resolution.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Upon receipt of a written request for an deleted text begin arbitration proceeding deleted text end new text begin independent
informal dispute resolution new text end , the commissioner shall file with the Office of Administrative
Hearings a request for the appointment of an deleted text begin arbitrator deleted text end new text begin administrative law judge from the
Office of Administrative Hearings new text end and simultaneously serve the facility with notice of the
request. deleted text begin The arbitrator for the dispute shall be an administrative law judge appointed by the
Office of Administrative Hearings. The disclosure provisions of section 572B.12 and the
notice provisions of section 572B.15, subsection (c), apply. The facility and the commissioner
have the right to be represented by an attorney.
deleted text end

new text begin (d) An independent informal dispute resolution proceeding shall be scheduled within
30 days of the commissioner's request to the Office of Administrative Hearings, unless the
parties agree otherwise or the chief administrative law judge deems the timing to be
unreasonable. The independent informal dispute resolution process must be completed
within 60 calendar days of the facility's request.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end The commissioner and the facility deleted text begin may present deleted text end new text begin must submit new text end written new text begin statements
and arguments, documentary new text end evidence, depositions, and deleted text begin oral statements and arguments at
the arbitration proceeding. Oral statements and arguments may be made by telephone deleted text end new text begin any
other materials supporting their position to the administrative law judge five working days
in advance of the scheduled meeting new text end .

new text begin (f) The independent informal dispute resolution proceeding shall be informal and
conducted in a manner so as to allow the parties to fully present their positions and respond
to the opposing party's positions.
new text end

new text begin (g) The facility and commissioner have the right to be represented by an attorney or
nonattorney at the proceeding. However, representation at the proceeding by a nonattorney
is not the unauthorized practice of law.
new text end

deleted text begin (d) deleted text end new text begin (h) new text end Within deleted text begin ten deleted text end new text begin seven new text end working days of the close of the deleted text begin arbitration deleted text end proceeding, the
administrative law judge shall issue findings new text begin and recommendations new text end 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. deleted text begin The findings of the arbitrator
are not binding on the commissioner.
deleted text end

new text begin (i) The findings of the administrative law judge are not binding on the commissioner.
new text end

new text begin (j) Within ten calendar days of receiving the administrative law judge's recommendation,
the commissioner shall issue a recommendation to the Center for Medicare and Medicaid
Services.
new text end

deleted text begin (e) deleted text end new text begin (k) new text end The commissioner shall reimburse the Office of Administrative Hearings for the
costs incurred by that office for the deleted text begin arbitration deleted text end proceeding. deleted text begin 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2023, or upon federal approval,
whichever is later, and applies to appeals of deficiencies which are issued after October 1,
2023, or on or after the date upon which federal approval is obtained, whichever is later.
The commissioner of health shall notify the revisor of statutes when federal approval is
obtained.
new text end