HF 492

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying provisions relating to 
  1.3             payment for long-term care; amending Minnesota 
  1.4             Statutes 1994, sections 144.6501, subdivision 6; and 
  1.5             256B.431, subdivision 2r, and by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 144.6501, 
  1.8   subdivision 6, is amended to read: 
  1.9      Subd. 6.  [MEDICAL ASSISTANCE PAYMENT.] (a) An admission 
  1.10  contract for a facility that is certified for participation in 
  1.11  the medical assistance program must state that neither the 
  1.12  prospective resident, nor anyone on the resident's behalf, is 
  1.13  required to pay privately any amount for which the resident's 
  1.14  care at the facility has been approved for payment by medical 
  1.15  assistance or to make any kind of donation, voluntary or 
  1.16  otherwise.  An admission contract must state that the facility 
  1.17  does not require as a condition of admission, either in its 
  1.18  admission contract or by oral promise before signing the 
  1.19  admission contract, that residents remain in private pay status 
  1.20  for any period of time. 
  1.21     (b) The admission contract must state that upon 
  1.22  presentation of proof of eligibility, the facility will submit a 
  1.23  medical assistance claim for reimbursement and will return any 
  1.24  and all payments made by the resident, or by any person on the 
  1.25  resident's behalf, for services covered by medical assistance, 
  2.1   upon receipt of medical assistance payment.  
  2.2      (c) A facility that participates in the medical assistance 
  2.3   program shall not may charge for the day of the resident's 
  2.4   discharge from the facility or but shall not charge for 
  2.5   subsequent days.  
  2.6      (d) If a facility's charges incurred by the resident are 
  2.7   delinquent for 30 days, and no person has agreed to apply for 
  2.8   medical assistance for the resident, the facility may petition 
  2.9   the court under chapter 525 to appoint a representative for the 
  2.10  resident in order to apply for medical assistance for the 
  2.11  resident. 
  2.12     (e) The remedy provided in this subdivision does not 
  2.13  preclude a facility from seeking any other remedy available 
  2.14  under other laws of this state. 
  2.15     Sec. 2.  Minnesota Statutes 1994, section 256B.431, 
  2.16  subdivision 2r, is amended to read: 
  2.17     Subd. 2r.  [PAYMENT RESTRICTIONS ON LEAVE DAYS.] Effective 
  2.18  July 1, 1993, the commissioner shall limit payment for leave 
  2.19  days in a nursing facility to 79 percent of that nursing 
  2.20  facility's total payment rate for the involved resident.  For 
  2.21  rate years beginning on or after July 1, 1995, the payment 
  2.22  limitation on billing for leave days under Minnesota Rules, part 
  2.23  9505.0415, subpart 7, does not apply to long-term care 
  2.24  facilities.  Payment shall be made to facilities as an allowable 
  2.25  cost for all hospital leave and therapeutic leave regardless of 
  2.26  facility occupancy, subject to the payment limitations on number 
  2.27  of leave days described in Minnesota Rules, part 9505.0415, 
  2.28  subparts 5 and 6. 
  2.29     Sec. 3.  Minnesota Statutes 1994, section 256B.431, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 2s.  [ADMISSION AND DISCHARGE DAYS.] For rate years 
  2.32  beginning July 1, 1995, the medical assistance program shall 
  2.33  reimburse long-term care facilities for both the day of 
  2.34  admission and the day of discharge.  Only one of those days 
  2.35  shall be counted as an actual resident day.