1.1                          A bill for an act 
  1.2             relating to human services; modifying division of cost 
  1.3             for certain intermediate care facilities for persons 
  1.4             with mental retardation; amending Minnesota Statutes 
  1.5             2003 Supplement, section 256B.19, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.8   256B.19, subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DIVISION OF COST.] (a) The state and 
  1.10  county share of medical assistance costs not paid by federal 
  1.11  funds shall be as follows:  
  1.12     (1) beginning January 1, 1992, 50 percent state funds and 
  1.13  50 percent county funds for the cost of placement of severely 
  1.14  emotionally disturbed children in regional treatment centers; 
  1.15     (2) beginning January 1, 2003, 80 percent state funds and 
  1.16  20 percent county funds for the costs of nursing facility 
  1.17  placements of persons with disabilities under the age of 65 that 
  1.18  have exceeded 90 days.  This clause shall be subject to chapter 
  1.19  256G and shall not apply to placements in facilities not 
  1.20  certified to participate in medical assistance; 
  1.21     (3) beginning July 1, 2004, 80 percent state funds and 20 
  1.22  percent county funds for the costs of placements that have 
  1.23  exceeded 90 days in intermediate care facilities for persons 
  1.24  with mental retardation or a related condition that have seven 
  1.25  or more beds.  This provision includes pass-through payments 
  2.1   made under section 256B.5015; and 
  2.2      (4) beginning July 1, 2004, when state funds are used to 
  2.3   pay for a nursing facility placement due to the facility's 
  2.4   status as an institution for mental diseases (IMD), the county 
  2.5   shall pay 20 percent of the nonfederal share of costs that have 
  2.6   exceeded 90 days.  This clause is subject to chapter 256G. 
  2.7      For counties that participate in a Medicaid demonstration 
  2.8   project under sections 256B.69 and 256B.71, the division of the 
  2.9   nonfederal share of medical assistance expenses for payments 
  2.10  made to prepaid health plans or for payments made to health 
  2.11  maintenance organizations in the form of prepaid capitation 
  2.12  payments, this division of medical assistance expenses shall be 
  2.13  95 percent by the state and five percent by the county of 
  2.14  financial responsibility.  
  2.15     In counties where prepaid health plans are under contract 
  2.16  to the commissioner to provide services to medical assistance 
  2.17  recipients, the cost of court ordered treatment ordered without 
  2.18  consulting the prepaid health plan that does not include 
  2.19  diagnostic evaluation, recommendation, and referral for 
  2.20  treatment by the prepaid health plan is the responsibility of 
  2.21  the county of financial responsibility. 
  2.22     (b) Notwithstanding paragraph (a), clause (3), beginning 
  2.23  July 1, 2004, the state and county share of medical assistance 
  2.24  costs not paid by federal funds shall be 90 percent state funds 
  2.25  and ten percent county funds for the costs of placements that 
  2.26  have exceeded 90 days in intermediate care facilities for 
  2.27  persons with mental retardation or a related condition that (1) 
  2.28  serve a resident population with an average age over 50, (2) are 
  2.29  licensed for over 50 beds as of January 1, 2004, and (3) are 
  2.30  located in Scott County.  This provision includes pass-through 
  2.31  payments made under section 256B.5015. 
  2.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004.