HF 490

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying the division of
costs for ICFs/MR; requiring an ICF/MR plan; amending
Minnesota Statutes 2004, section 256B.19, subdivision
1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 256B.19,
subdivision 1, is amended to read:

Subdivision 1.

Division of cost.

The state and county
share of medical assistance costs not paid by federal funds
shall be as follows:

(1) beginning January 1, 1992, 50 percent state funds and
50 percent county funds for the cost of placement of severely
emotionally disturbed children in regional treatment centers;

(2) beginning January 1, 2003, 80 percent state funds and
20 percent county funds for the costs of nursing facility
placements of persons with disabilities under the age of 65 that
have exceeded 90 days. This clause shall be subject to chapter
256G and shall not apply to placements in facilities not
certified to participate in medical assistance; new text begin and
new text end

(3) deleted text begin beginning July 1, 2004, 80 percent state funds and 20
percent county funds for the costs of placements that have
exceeded 90 days in intermediate care facilities for persons
with mental retardation or a related condition that have seven
or more beds. This provision includes pass-through payments
made under section 256B.5015; and
deleted text end

deleted text begin (4) deleted text end beginning July 1, 2004, when state funds are used to
pay for a nursing facility placement due to the facility's
status as an institution for mental diseases (IMD), the county
shall pay 20 percent of the nonfederal share of costs that have
exceeded 90 days. This clause is subject to chapter 256G.

For counties that participate in a Medicaid demonstration
project under sections 256B.69 and 256B.71, the division of the
nonfederal share of medical assistance expenses for payments
made to prepaid health plans or for payments made to health
maintenance organizations in the form of prepaid capitation
payments, this division of medical assistance expenses shall be
95 percent by the state and five percent by the county of
financial responsibility.

In counties where prepaid health plans are under contract
to the commissioner to provide services to medical assistance
recipients, the cost of court ordered treatment ordered without
consulting the prepaid health plan that does not include
diagnostic evaluation, recommendation, and referral for
treatment by the prepaid health plan is the responsibility of
the county of financial responsibility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 2. new text begin ICF/MR PLAN.
new text end

new text begin The commissioner of human services shall consult with
ICF/MR providers, advocates, counties, and consumer families to
develop recommendations and legislation concerning the future
services provided to people now served in ICFs/MR. The
recommendations shall be reported to the house and senate
committees with jurisdiction over health and human services
policy and finance issues by January 15, 2006. In preparing the
recommendations, the commissioner shall consider:
new text end

new text begin (1) consumer choice of services;
new text end

new text begin (2) consumers' service needs, including, but not limited
to, active treatment;
new text end

new text begin (3) the total cost of providing services in ICFs/MR and
alternative delivery systems for individuals currently residing
in ICFs/MR;
new text end

new text begin (4) whether it is the policy of the state to maintain an
ICF/MR system and, if so, the recommendations shall:
new text end

new text begin (i) define the purpose, types of services, and intended
recipients of ICF/MR services;
new text end

new text begin (ii) define the capacity needed to maintain ICF/MR services
for designated populations; and
new text end

new text begin (iii) assure that mechanisms are provided to adequately
fund the transition to the defined services, maintain the
designated capacity, and are adjustable to meet increased
service demands; and
new text end

new text begin (5) if alternative services are recommended to support some
of the people now receiving services in an ICF/MR, the
recommendations shall provide for transition planning and ensure
adequate financial resources are available to meet the needs of
ICF/MR recipients.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end