Legislative Session number- 81

Bill Name: HF2412

hf2412SEE SF2225, Health and Human services Conference Committee ReportFIRST
ENGROSSMENTOmnibus health and human services bill.ARTICLE 1 -
APPROPRIATIONSSection 1: health and human services appropriations summary
provided. Sec. 2: human services appropriations provided for agency management,
children's grants, children's services management, basic health care grants,
basic health care management, state-operated services, continuing care and
community support grants, continuing care and community support management,
economic support grants, economic support management, and federal TANF funds
dedicated. Sec. 3: health appropriations provided for health systems and special
populations, health protection, and management and support services. Sec. 4:
veterans nursing homes board appropriation provided. Sec. 5: health related
boards appropriations provided. Sec. 6: emergency medical services board
appropriation provided. Sec. 7: council on disability appropriation provided.
Sec. 8: ombudsman for mental health and mental retardation appropriation
provided. Sec. 9: ombudsman for families appropriation provided. Sec. 10:
university of Minnesota appropriation provided. Sec. 11: funds transferred to
grant programs, and reporting required. Sec. 12: appropriations carryover
limitation provided. Sec. 13: sunset of uncodified language provided. Sec. 14:
commissioner of human services required to operate communication systems account
to manage shared communication costs, receive federal medical assistance money
available for the consumer satisfaction survey, and incorporate cost
reimbursement claims from First Call Minnesota into the federal cost
reimbursement claiming process. Sec. 15: commissioner required to provide
detailed fund balance statement reports to legislature. Sec. 16: issuance
operations center payments appropriated to commissioner for operation of the
issuance center. Sec. 17: commissioner authorized to issue cash assistance
grants prior to start of month. Sec. 18: repealer. ARTICLE 2 - HEALTH DEPARTMENT
Sec. 1: abortion notification data classified. Sec. 2: public programs risk
adjustment work group previous expiration date stricken. Sec. 3: food handler
certification provisions modified. Sec. 4: repealed Minnesota health care
commission and regional coordinating boards references removed. Sec. 5-7:
obsolete regional coordinating board references removed. Sec. 8: regional
coordinating boards repeal date modified. Sec. 9: regional coordinating board
reference removed. Sec. 10: health data institute health plan company
performance measurement provisions modified. Sec. 11: health data institute
required to conduct standard consumer surveys, and expired advisory group
reference removed. Sec. 12 health data institute required to prepare a report of
health care providers. Sec. 13: uniform billing requirements provided for
commissioners of commerce and health, and health care provider compliance
required. Sec. 14: medical education and research trust fund grants authorized
to support medical research including medical research activities conducted in
noneducational settings by Minnesota nonprofits. Sec. 15: maximum federal
financial participation sought in medical education and research costs, and fund
transfers authorized to that effect. Sec. 16: extraneous commissioner definition
reference deleted. Sec. 17: public programs risk adjustment work group
expiration date modified, risk adjustment implementation impact analysis
required for contractors, and risk adjustment limitations provided. Sec. 18:
regional coordinating boards reference removed. Sec. 19: organization or
affiliates which provide or promote abortions or directly refers for abortions
prohibited from receiving essential community provider designation. Sec. 20:
essential community provider application fee modified. Sec. 21: essential
community provider renewal review provided and fee modified. Sec. 22:
requirements for contracts between provider cooperatives and purchasers modified
to allow them to provide for payment to the cooperative on a capitated basis, or
by other authorized financial arrangements. Sec. 23: definitions provided
relating to nuclear materials regulation. Sec. 24: governor authorized to enter
into agreement to the U. S. Nuclear Regulatory Commission to regulate special
nuclear materials. Sec. 25: training and licensure required by rule for
individuals handling radioactive materials. Sec. 26: surety requirements
provided. Sec. 27: operators of certain bone densitometers exempted from
examination requirement. Sec. 28: rural hospital planning and transition grant
program renamed rural hospital improvement grant program, grant use,
consideration, and allocation provisions modified, quarterly evaluations
provided, and expiration date specified. Sec. 29: critical access hospital
definition modified relating to rural health initiatives. Sec. 30: regional
coordinating board reference removed. Sec. 31: loan forgiveness program for
rural and underserved urban area pharmacists established, definitions provided,
selection criteria provided, loan forgiveness and procedure for loan repayment
defined, tax responsibility clarified, penalty for nonfulfillment provided, and
payment or service obligations suspended in cases of disability or death. Sec.
32: rural and underserved urban area pharmacy financial assistance grants
provided and administered. Sec. 33: abortion notification data reporting
required. Sec. 34: clean indoor air act definition reference corrected. Sec. 35:
factory and warehouse exemption to smoking in public places prohibition removed.
Sec. 36: tobacco use in schools prohibition reference definition clarified. Sec.
37: commissioner prohibited from adopting rules limiting a noncertified boarding
care home registered as a housing with services establishment from providing
home care services in accordance with registration. Sec. 38: health enforcement
consolidation act enforcement powers authorized for commissioner of health
relating to radioactive material regulation and abortion data reporting. Sec.
39: commissioner authorized to impound radioactive materials and shielding in
the event of an emergency, and release conditions specified. Sec. 40: assisted
living home care providers allowed to keep daily client records. Sec. 41:
noncertified boarding care homes authorized to register as housing with services
establishments. Sec. 42: partial-birth abortion definitions provided. Sec. 43:
partial-birth abortions prohibited. Sec. 44: partial-birth abortion prohibition
exception provided if necessary to save the life of the mother. Sec. 45: civil
remedies provided in cases of partial-birth abortions. Sec. 46: criminal
penalties provided in cases of partial-birth abortions, and prosecution of
mother prohibited. Sec. 47: partial-birth abortion provisions severability
provided except life of mother provision. Sec. 48: abortion informed consent
definitions provided. Sec. 49: abortion informed consent required. Sec. 50:
commissioner of health required to publish materials listing agencies available
to help women, information on probable anatomical and physiological
characteristics of unborn children, and medical and psychological risks of
common types of abortion procedures. Sec. 51: physician notification of female
required in cases of medically necessary abortions. Sec. 52: civil remedies
provided in cases violating the informed consent law, and courts required to
determine whether to protect the identity of the woman from public disclosure.
Sec. 53: severability provided for informed consent for abortions statutes. Sec.
54: all state AIDS prevention grants targeted to children required to be used
exclusively to promote abstinence from sexual activity outside of marriage. Sec.
55: commissioner prohibited from allocating family planning funds to
organizations or affiliates which provide, promote, or directly refer for
abortions; nondirective counseling exempted from this provision. Sec. 56: MN
ENABL program goals to include abstinence promotion. Sec. 57: MN ENABL program
statewide campaign required to promote abstinence from sexual activity until
marriage. Sec. 58: tobacco use prevention grants for youth provided to community
health boards, and reports required. Sec. 59: fees increased for speech-language
pathologists and audiologists. Sec. 60: commissioner required to conduct
outreach education to physicians about laws prohibiting partial-birth abortions.
Sec. 61: certain portable wading pools operated at day care or child care
facilities exempted from public swimming pool rules and regulation. Sec. 62:
case studies of controversial autopsies authorized, guidelines and procedures
developed, and report required. Sec. 63: annual fee for service connections to
public water supplies not assessed in fiscal year 2000. Sec. 64: pilot program
for pharmacist drug therapy management grants authorized. Sec. 65: commissioner
required to amend rules governing sources of ionizing radiation, exempting
operators of certain bone densitometers and facilities from examination
requirements of x-ray operators. Sec. 66: repealer. Sec. 67: effective
date.ARTICLE 3 - LONG-TERM CARE Sec. 1: review of proposals requiring exceptions
to the moratorium or rate adjustments provided. Sec. 2: training and education
process and programs provided for nursing facility providers. Sec. 3: statements
of deficiencies and related letters pertaining to federal certification made
available to public and nursing home associations. Sec. 4: commissioner required
to grant nurse aide training waivers for continuation of training programs. Sec.
5: commissioner prohibited from issuing finding of immediate jeopardy except in
cases of life-threatening or serious injury. Sec. 6: written response required
to request from a nursing facility for an informal dispute resolution, and
response requirements specified. Sec. 7: commissioner required to apply for
federal waivers and identify necessary changes in state law to allow use of
civil money penalties to abate deficiencies in nursing facility's plan of
correction, and stop fine accrual when follow-up surveys are not conducted
within the deadline. Sec. 8: housing with services establishment definition
modified to exclude only certified boarding care homes. Sec. 9: residential
services for people with developmental disabilities and changes of ownership
exempted from determination of need requirements. Sec. 10: local system needs
planning process established for ICFs MR. Sec. 11: commissioner required to
include payments made by nursing facilities for preadmission screening as
operating costs. Sec. 12: alternative care funds authorized usage modified. Sec.
13: alternative care funding to county agencies allocation formula provided for
next biennium. Sec. 14: asset limit raised above which eligible alternative care
clients must pay a premium. Sec. 15: older adult services planning and
transition grants and loans program established. Sec. 16: special provisions for
moratoriums exceptions provisions modified relating to replacement-costs-new per
bed limits. Sec. 17: changes to nursing facility reimbursement beginning July 1,
provided. Sec. 18: notice period for termination of contracts under the
alternative payment demonstration system extended, and contract renewal limit
removed. Sec. 19: payment system reform advisory committee sunset removed, and
obsolete language deleted. Sec. 20: nursing facility reimbursement system
effective date changed to July , 2001, and provisions modified. Sec. 21: nursing
facilities receiving medical assistance prohibited practices provisions
modified. Sec. 22: unnecessary language stricken. Sec. 23: obsolete language
stricken. Sec. 24: nursing facility Medicare certification exemption conditions
specified. Sec. 25: fees and costs awarded a provider resulting from appeals
from determination of a payment rate required to be reimbursed within 120 days
of final decision. Sec. 26: allowable operating cost per diems of ICFs MR
increased, and legislative intent specified. Sec. 27: commissioner required to
index facility operating payment rates under ICF MR contracting system, and
performance based contracting reference removed. Sec. 28: intermediate care
facility contract provisions modified. Sec. 29: ICF MR payment system
implementation provided. Sec. 30: ICF MR payment rate adjustment conditions
specified. Sec. 31: facilities required to maintain financial records and
provide income and expense reports to commissioner of human services. Sec. 32:
training and habilitation services costs paid as a pass-through payment. Sec.
33: prepaid medical assistance program nursing home services length of coverage
requirements specified. Sec. 34: requirement to cover elderly services under
prepaid medical assistance program eliminated. Sec. 35: exemption provided to
moratorium on development of group residential housing beds, and rates
specified. Sec. 36: group residential housing maximum rates provisions modified.
Sec. 37: supplementary service rate plus supplementary room and board rate
maximum defined. Sec. 38: county agency required to negotiate supplementary rate
for a certain Hennepin county chemically dependent group residential housing
provider. Sec. 39: one-half of state share of costs of services provided at ICF
MR in Northfield transferred to medical assistance program. Sec. 40: approval
extended for total replacement of Carlton county nursing home. Sec. 41: previous
ICF MR reimbursement provisions effective October , 1999 exemptions provided.
Sec. 42: commissioner required to reimburse certain facilities for certain
immediate jeopardy fines. Sec. 43: ICF MR reconfiguration project authorized,
and conditions provided. Sec. 44: group residential housing cost study required.
Sec. 45: incontinent residents required to be checked according to a specific
time interval. Sec. 46: repealer. Sec. 47: effective date.ARTICLE 4 - HEALTH
CARE PROGRAMS Sec. 1: public school teachers who provide health-related services
for disabled children licensure required to be consistent with personnel
performing similar services outside the school. Sec. 2: school district
individual education plan teams required to consider and authorize services
covered by medical assistance. Sec. 3: school districts required to pay
nonfederal share of medical assistance services. Sec. 4: school districts
required to pay nonfederal share of medical assistance payments in order to
receive medical assistance payments. Sec. 5: provision deleted exempting school
districts from providing matching funds for medical assistance. Sec. 6: school
districts reimbursed for federal share of qualified individual education plan
health-related services. Sec. 7: school district special education base revenue
formula modified to include cost expended for the nonfederal share of medical
assistance. Sec. 8: commissioner of children, families, and learning and
commissioner of human services required to monitor costs of health-related
special education services provided by public schools. Sec. 9: commissioner of
health and health-related licensing boards required to coordinate with the board
of teaching when modifying licensure requirements for regulated persons who
perform services in schools. Sec. 10: persons licensed to provide services to
developmentally disabled required to report death or serious injury to
department of human services licensing division. Sec. 11: staff orientation
requirements provided for administering medication to developmentally disabled.
Sec. 12: observed skill assessment required to ensure proper administration of
medication, and notice requirement specified for temporary service suspension.
Sec. 13: license holders who assist consumers with funds or property required to
have written authorization. Sec. 14: remaining family support grant program
funds required to be allocated to county agencies to support children in their
family homes, and outdated language removed. Sec. 15: conditions modified under
which commissioner of human services may grant rate variances for day training
and habilitation services. Sec. 16: senior citizen drug program qualified senior
citizen definition expanded to include Medicare enrollees under age 65 if they
meet other eligibility criteria. Sec. 17: senior citizen drug program
prescription drug coverage limitations provided. Sec. 18: senior drug program
eligibility specified as beginning the month after approval. Sec. 19: senior
drug program cost sharing modified by increasing the annual deductible, payable
in monthly increments. Sec. 20: senior drug program total cost limitation
provided. Sec. 21: physicians and hospitals authorized to request administrative
reconsideration of decisions that inpatient hospital services are not necessary.
Sec. 22: hospital cost index reduction provided to recover from previous
overprojections. Sec. 23: conforming changes provided. Sec. 24: performance data
reporting unit established serving counties and the state. Sec. 25: public
assistance recipient deprivation requirements stricken. Sec. 26: base AFDC
standard in effect for medical assistance increase specified, and supplementary
security income limit provided. Sec. 27: medical assistance provided for persons
who are employed and would be eligible for supplementary security income, except
for income and assets; and spousal income and assets disregarded for purposes of
eligibility. Sec. 28: federal conformity provided for income exclusions for
institutionalized persons. Sec. 29: medical assistance coverage extended to
telemedicine consultations. Sec. 30: medical assistance coverage extended to
cover consultation services by physicians specializing in child abuse and
neglect, and expiration date provided. Sec. 31: medical assistance coverage
allowed for home health services for residents of health care facilities
licensed by the commissioner of health that are not hospitals, nursing
facilities, or intermediate care facilities. Sec. 32-33: medical assistance
coverage extended to include specialized maintenance therapy. Sec. 34: medical
assistance coverage extended to include speech language pathology and related
services, including specialized maintenance therapy. Sec. 35: annual thresholds
provided for rehabilitation services. Sec. 36: provision removed requiring
medical assistance drug manufacturers to sign an agreement with the state
pursuant to the senior drug program, and multisource drug definition provided.
Sec. 37: medical assistance special transportation base rate increased. Sec. 38:
medical assistance personal care provisions modified. Sec. 39: medical
assistance special education covered services expanded. Sec. 40: covered
certified nurse practitioner services expanded to include certified neonatal
nurse practitioners. Sec. 41: essential community provider requirement removed
for federally qualified health centers and rural health clinics to receive
cost-based reimbursement. Sec. 42: obsolete language stricken related to the
nutritional supplementation products advisory committee.see SF2225 ARTICLE 5 -
STATE-OPERATED SERVICES; CHEMICAL DEPENDENCY; MENTAL HEALTHARTICLE 6 - MFIP AND
ADULT SUPPORTSARTICLE 7 - CHILD SUPPORTARTICLE 8 - HEALTH OCCUPATIONSARTICLE 9 -
CHILD PROTECTIONARTICLE 10 - OTHER HEALTH AND HUMAN SERVICES PROVISIONSARTICLE
11 - HEALTH PLAN COMPANY REGULATIONSEE SF2225cth