1.1                          A bill for an act 
  1.2             relating to health; excluding certain licensed home 
  1.3             care agencies from supplemental nursing services law; 
  1.4             requiring a review and report on certain home care 
  1.5             provider laws; amending Minnesota Statutes 2002, 
  1.6             section 144A.70, subdivision 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 144A.70, 
  1.9   subdivision 6, is amended to read: 
  1.10     Subd. 6.  [SUPPLEMENTAL NURSING SERVICES AGENCY.] 
  1.11  "Supplemental nursing services agency" means a person, firm, 
  1.12  corporation, partnership, or association engaged for hire in the 
  1.13  business of providing or procuring temporary employment in 
  1.14  health care facilities for nurses, nursing assistants, nurse 
  1.15  aides, and orderlies.  Supplemental nursing services agency does 
  1.16  not include an individual who only engages in providing the 
  1.17  individual's services on a temporary basis to health care 
  1.18  facilities.  Supplemental nursing services agency does not 
  1.19  include a professional home care agency licensed as a Class A 
  1.20  provider under section 144A.46 and rules adopted thereunder that 
  1.21  only provides staff to other home care providers. 
  1.22     Sec. 2.  [CHANGES TO THE MEDICARE CONDITIONS OF 
  1.23  PARTICIPATION FOR HOME HEALTH AGENCIES.] 
  1.24     (a) The commissioner of health shall convene a working 
  1.25  group to consist of home care providers and other interested 
  1.26  individuals.  The first purpose of this group is to develop a 
  2.1   summary of federal home care agency regulations and laws that 
  2.2   hamper state flexibility and place burdens on the goal of 
  2.3   achieving a high quality of services, such as provisions 
  2.4   requiring rigid time frames for the completion of supervisory 
  2.5   visits by registered nurses and for the submission of home care 
  2.6   client assessment information.  The commissioner shall share 
  2.7   this summary with the legislature, other states, and national 
  2.8   groups that advocate for state interests.  The commissioner 
  2.9   shall work with officials of the federal government and with 
  2.10  members of the Minnesota congressional delegation to achieve 
  2.11  necessary changes in the law. 
  2.12     (b) The commissioner of health shall also review with this 
  2.13  working group the current licensure process for home care 
  2.14  providers and evaluate continued appropriateness of that 
  2.15  process.  This review shall consider federal certification 
  2.16  regulations for home care and hospice and the need to have 
  2.17  separate licensure provisions for certified facilities.  The 
  2.18  commissioner shall make recommendations to the legislature by 
  2.19  January 1, 2005. 
  2.20     Sec. 3.  [EFFECTIVE DATE.] 
  2.21     Sections 1 and 2 are effective the day following final 
  2.22  enactment.