1.1 	A bill for an act
1.2 	relating to human services; providing a temporary nursing facility energy cost 
1.3 	rate increase; requiring the submission of certain energy cost data; appropriating 
1.4 	money;amending Minnesota Statutes 2004, section 256B.431, by adding a 
1.5 	subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 256B.431, is amended by adding a 
1.8 	subdivision to read:
1.9 		Subd. 43.Rate increase effective September 1, 2006, to November 30, 2006. (a) 
1.10 	Within the limits of money appropriated specifically for this purpose, for the rate period 
1.11 	from September 1, 2006, to November 30, 2006, the commissioner shall make available to 
1.12 	each nursing facility reimbursed under this section or section 256B.434, an adjustment to 
1.13 	the total operating payment rate determined under this subdivision.
1.14 	(b) A nursing facility may apply to the commissioner for a rate increase under this 
1.15 	subdivision within the time period and on a form prescribed by the commissioner. The 
1.16 	application shall include information on energy costs paid by the facility for the period 
1.17 	from October 15, 2005, to April 15, 2006, and for the period from October 15, 2004, 
1.18 	to April 15, 2005.
1.19 	(c) The rate increase under this subdivision shall be determined according to clauses 
1.20 	(1) to (4):
1.21 	(1) for each facility, the commissioner shall determine the difference in total energy 
1.22 	costs reported for the specified time periods;
1.23 	(2) the commissioner shall divide the amount determined in clause (1) by the 
1.24 	facility's average daily census for the year ending September 30, 2005, and then by 91. If 
1.25 	this result exceeds $4 for a facility, the commissioner shall use the value $4;
2.1 	(3) the commissioner shall determine the percentage, not to exceed 100 percent, that 
2.2 	must be applied to the values determined in clause (2) to ensure that the cost of the rate 
2.3 	adjustment does not exceed the appropriation for this purpose; and
2.4 	(4) effective September 1, 2006, to November 30, 2006, the commissioner shall 
2.5 	increase payment rates for nursing facilities by the amounts determined in clause (3).
2.6 	(d) In reporting operating costs for the year ending September 30, 2006, nursing 
2.7 	facilities shall show an adjustment to utility costs in the amount of the total additional 
2.8 	revenues received as a result of the rate adjustment provided under this subdivision.
2.9 	(e) The rate adjustments provided for October 1, 2006, under subdivision 41 shall be 
2.10 	determined based on the operating payment rates in effect on September 30, 2006, reduced 
2.11 	by the amount of the rate adjustment provided under this subdivision.
2.12 	(f) A facility shall not apply the rate increase in this subdivision to private pay 
2.13 	residents initially admitted after February 28, 2006.

2.14 	Sec. 2. APPROPRIATION.
 2.15 	$5,100,000 is appropriated from the general fund to the commissioner of human 
2.16 	services for the fiscal year beginning July 1, 2006, for the purposes of section 1.