1.1 	A bill for an act
1.2 	relating to human services; providing for the
1.3 	relocation of an ICF/MR facility in Brown County;
1.4 	amending Minnesota Statutes 2004, section 252.291, by
1.5 	adding a subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 252.291, is
1.8 	amended by adding a subdivision to read:
1.9 		Subd. 2b.Exception for brown county facility. (a) The
1.10 	commissioner shall authorize and grant a new license under
1.11 	chapter 245A to a new intermediate care facility for persons
1.12 	with mental retardation under the following circumstances:
1.13 	(1) the new facility replaces an existing six-bed
1.14 	intermediate care facility for the mentally retarded located in
1.15 	Brown County that has been operating since June 1982;
1.16 	(2) the new facility is located on an already purchased
1.17 	parcel of land; and 
1.18 	(3) the new facility is handicapped accessible.
1.19 	(b) The medical assistance payment rate for the new
1.20 	facility shall be the higher of the rate specified in paragraph
1.21 	(c) or as otherwise provided by law.
1.22 	(c) The new facility shall be considered a newly
1.23 	established facility for rate-setting purposes and shall be
1.24 	eligible for the investment per bed limit specified in section
1.25 	256B.501, subdivision 11, paragraph (c), and the interest
2.1 	expense limitation specified in section 256B.501, subdivision
2.2 	11, paragraph (d).  Notwithstanding section 256B.5011, the newly
2.3 	established facility's initial payment rate shall be set
2.4 	according to Minnesota Rules, part 9553.0075, and shall not be
2.5 	subject to the provisions of section 256B.501, subdivision 5b.
2.6 	(d) During the construction of the new facility, Brown
2.7 	County shall work with residents, families, and service
2.8 	providers to explore all service options open to current
2.9 	residents of the facility.