1.1 	A bill for an act
1.2 	relating to veterans homes; clarifying calculation of maintenance charge;
1.3 	amending Minnesota Statutes 2012, section 198.03, subdivision 2.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2012, section 198.03, subdivision 2, is amended to read:
1.6 		Subd. 2.Cost of care. The commissioner shall set out in rules the method of 
1.7 	calculating the average cost of care for the domiciliary and nursing care residents. 
1.8 	The cost must be determined yearly based upon the average cost per resident taking 
1.9 	into account, but not limited to, administrative cost of the homes, the cost of service 
1.10 	available to the resident, and food and lodging costs. These average costs must be 
1.11 	calculated separately for domiciliary and nursing care residents. The amount charged each 
1.12 	resident for maintenance, if anything, must be based on the appropriate average cost 
1.13 	of care calculation and the assets and income of the resident but must not exceed the 
1.14 	appropriate average cost of care. When determining the income of a resident for purposes 
1.15 	of calculating the maintenance charge, the commissioner shall not include any income of a 
1.16 	qualifying child. For purposes of this subdivision, qualifying child has the meaning given 
1.17 	in section 152 of the Internal Revenue Code.