1.1                          A bill for an act 
  1.2             relating to health; modifying provisions relating to 
  1.3             nursing home swing beds; amending Minnesota Statutes 
  1.4             1994, section 144.562, subdivisions 2 and 4. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 144.562, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [ELIGIBILITY FOR LICENSE CONDITION.] A hospital 
  1.9   is not eligible to receive a license condition for swing beds 
  1.10  unless (1) it either has a licensed bed capacity of less than 50 
  1.11  beds defined in the federal Medicare regulations, Code of 
  1.12  Federal Regulations, title 42, section 482.66, or it has a 
  1.13  licensed bed capacity of 50 beds or more and has swing beds that 
  1.14  were approved for Medicare reimbursement before May 1, 1985, or 
  1.15  it has a licensed bed capacity of less than 65 beds and, as of 
  1.16  the effective date, the available nursing homes within 50 miles 
  1.17  have had, in the aggregate, an average occupancy rates rate of 
  1.18  96 percent or higher in the most recent past two years as 
  1.19  documented on the statistical reports to the department of 
  1.20  health; and (2) it is located in a rural area as defined in the 
  1.21  federal Medicare regulations, Code of Federal Regulations, title 
  1.22  42, section 482.66; and (3) it agrees to utilize no more than 
  1.23  four hospital beds as swing beds at any one time, except that 
  1.24  the commissioner may approve the utilization of up to three 
  1.25  additional beds at the request of a hospital if.  Eligible 
  2.1   hospitals are allowed a total of 1,460 days of swing bed use per 
  2.2   year.  The commissioner of health must approve swing bed use 
  2.3   beyond 1,460 days as long as there are no Medicare certified 
  2.4   skilled nursing facility beds are available within 25 miles of 
  2.5   that hospital. 
  2.6      Sec. 2.  Minnesota Statutes 1994, section 144.562, 
  2.7   subdivision 4, is amended to read: 
  2.8      Subd. 4.  [ISSUANCE OF LICENSE CONDITION; RENEWALS.] The 
  2.9   commissioner of health shall issue a license condition to a 
  2.10  hospital that complies with subdivisions 2 and 3.  The license 
  2.11  condition must be granted when the license is first issued, when 
  2.12  it is renewed, or during the hospital's licensure year.  The 
  2.13  condition is valid for the hospital's licensure year.  The 
  2.14  license condition can be renewed at the time of the hospital's 
  2.15  license renewal if the hospital complies with subdivisions 2 and 
  2.16  3 with the exception of the occupancy criteria in subdivision 2.