HF 239

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/17/2023 11:57am

A bill for an act
relating to human services; establishing a hospice respite and end-of-life care
medical assistance benefit for individuals under the age of 22; amending Minnesota
Statutes 2022, section 256B.0625, subdivision 22, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 256B.0625, subdivision 22, is amended to
read:

Subd. 22.

Hospice care.

Medical assistance covers hospice care services under Public
Law 99-272, section 9505, to the extent authorized by rule, except that a recipient age 21
or under who elects to receive hospice services does not waive coverage for services that
are related to the treatment of the condition for which a diagnosis of terminal illness has
been made. new text begin Hospice respite and end-of-life care under subdivision 22a are not hospice care
services under this subdivision.
new text end

Sec. 2.

Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision
to read:

new text begin Subd. 22a. new text end

new text begin Residential hospice facility; hospice respite and end-of-life care for
children. new text end

new text begin (a) Medical assistance covers hospice respite and end-of-life care if the care is
for recipients age 21 or under who elect to receive hospice care delivered in a facility that
is licensed under sections 144A.75 to 144A.755 and that is a residential hospice facility
under section 144A.75, subdivision 13, paragraph (a). Hospice care services under
subdivision 22 are not hospice respite or end-of-life care under this subdivision.
new text end

new text begin (b) The payment rates for coverage under this subdivision are the same as for covered
respite care delivered in a licensed residential hospice under 1915(c) waiver programs.
Payment for hospice respite and end-of-life care under this subdivision must be made from
state funds, though the commissioner must seek to obtain federal financial participation for
the payments. Payment for hospice respite and end-of-life care must be paid to the residential
hospice facility and are not included in any limit or cap amount applicable to hospice services
payments to the elected hospice services provider.
new text end

new text begin (c) Certification of the residential hospice facility by the federal Medicare program must
not be a requirement of medical assistance payment for hospice respite and end-of-life care
under this subdivision.
new text end