as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
|Introduction||Posted on 02/01/2001|
1.1 A bill for an act 1.2 relating to health; providing exceptions to the 1.3 hospital construction moratorium and the moratorium on 1.4 new nursing facility beds; amending Minnesota Statutes 1.5 2000, sections 144.551, subdivision 1; and 144A.071, 1.6 subdivision 4a. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2000, section 144.551, 1.9 subdivision 1, is amended to read: 1.10 Subdivision 1. [RESTRICTED CONSTRUCTION OR MODIFICATION.] 1.11 (a) The following construction or modification may not be 1.12 commenced: 1.13 (1) any erection, building, alteration, reconstruction, 1.14 modernization, improvement, extension, lease, or other 1.15 acquisition by or on behalf of a hospital that increases the bed 1.16 capacity of a hospital, relocates hospital beds from one 1.17 physical facility, complex, or site to another, or otherwise 1.18 results in an increase or redistribution of hospital beds within 1.19 the state; and 1.20 (2) the establishment of a new hospital. 1.21 (b) This section does not apply to: 1.22 (1) construction or relocation within a county by a 1.23 hospital, clinic, or other health care facility that is a 1.24 national referral center engaged in substantial programs of 1.25 patient care, medical research, and medical education meeting 1.26 state and national needs that receives more than 40 percent of 2.1 its patients from outside the state of Minnesota; 2.2 (2) a project for construction or modification for which a 2.3 health care facility held an approved certificate of need on May 2.4 1, 1984, regardless of the date of expiration of the 2.5 certificate; 2.6 (3) a project for which a certificate of need was denied 2.7 before July 1, 1990, if a timely appeal results in an order 2.8 reversing the denial; 2.9 (4) a project exempted from certificate of need 2.10 requirements by Laws 1981, chapter 200, section 2; 2.11 (5) a project involving consolidation of pediatric 2.12 specialty hospital services within the Minneapolis-St. Paul 2.13 metropolitan area that would not result in a net increase in the 2.14 number of pediatric specialty hospital beds among the hospitals 2.15 being consolidated; 2.16 (6) a project involving the temporary relocation of 2.17 pediatric-orthopedic hospital beds to an existing licensed 2.18 hospital that will allow for the reconstruction of a new 2.19 philanthropic, pediatric-orthopedic hospital on an existing site 2.20 and that will not result in a net increase in the number of 2.21 hospital beds. Upon completion of the reconstruction, the 2.22 licenses of both hospitals must be reinstated at the capacity 2.23 that existed on each site before the relocation; 2.24 (7) the relocation or redistribution of hospital beds 2.25 within a hospital building or identifiable complex of buildings 2.26 provided the relocation or redistribution does not result in: 2.27 (i) an increase in the overall bed capacity at that site; (ii) 2.28 relocation of hospital beds from one physical site or complex to 2.29 another; or (iii) redistribution of hospital beds within the 2.30 state or a region of the state; 2.31 (8) relocation or redistribution of hospital beds within a 2.32 hospital corporate system that involves the transfer of beds 2.33 from a closed facility site or complex to an existing site or 2.34 complex provided that: (i) no more than 50 percent of the 2.35 capacity of the closed facility is transferred; (ii) the 2.36 capacity of the site or complex to which the beds are 3.1 transferred does not increase by more than 50 percent; (iii) the 3.2 beds are not transferred outside of a federal health systems 3.3 agency boundary in place on July 1, 1983; and (iv) the 3.4 relocation or redistribution does not involve the construction 3.5 of a new hospital building; 3.6 (9) a construction project involving up to 35 new beds in a 3.7 psychiatric hospital in Rice county that primarily serves 3.8 adolescents and that receives more than 70 percent of its 3.9 patients from outside the state of Minnesota; 3.10 (10) a project to replace a hospital or hospitals with a 3.11 combined licensed capacity of 130 beds or less if: (i) the new 3.12 hospital site is located within five miles of the current site; 3.13 and (ii) the total licensed capacity of the replacement 3.14 hospital, either at the time of construction of the initial 3.15 building or as the result of future expansion, will not exceed 3.16 70 licensed hospital beds, or the combined licensed capacity of 3.17 the hospitals, whichever is less; 3.18 (11) the relocation of licensed hospital beds from an 3.19 existing state facility operated by the commissioner of human 3.20 services to a new or existing facility, building, or complex 3.21 operated by the commissioner of human services; from one 3.22 regional treatment center site to another; or from one building 3.23 or site to a new or existing building or site on the same 3.24 campus; 3.25 (12) the construction or relocation of hospital beds 3.26 operated by a hospital having a statutory obligation to provide 3.27 hospital and medical services for the indigent that does not 3.28 result in a net increase in the number of hospital beds;
or3.29 (13) a construction project involving the addition of up to 3.30 31 new beds in an existing nonfederal hospital in Beltrami 3.31 county; or 3.32 (14) a project to replace a hospital with a licensed 3.33 capacity of 36 beds and an attached nursing facility in St. 3.34 Peter, provided that the new hospital and attached nursing 3.35 facility are located within the city limits, and the project 3.36 does not result in an increase in hospital beds or an increase 4.1 in nursing facility beds. 4.2 Sec. 2. Minnesota Statutes 2000, section 144A.071, 4.3 subdivision 4a, is amended to read: 4.4 Subd. 4a. [EXCEPTIONS FOR REPLACEMENT BEDS.] It is in the 4.5 best interest of the state to ensure that nursing homes and 4.6 boarding care homes continue to meet the physical plant 4.7 licensing and certification requirements by permitting certain 4.8 construction projects. Facilities should be maintained in 4.9 condition to satisfy the physical and emotional needs of 4.10 residents while allowing the state to maintain control over 4.11 nursing home expenditure growth. 4.12 The commissioner of health in coordination with the 4.13 commissioner of human services, may approve the renovation, 4.14 replacement, upgrading, or relocation of a nursing home or 4.15 boarding care home, under the following conditions: 4.16 (a) to license or certify beds in a new facility 4.17 constructed to replace a facility or to make repairs in an 4.18 existing facility that was destroyed or damaged after June 30, 4.19 1987, by fire, lightning, or other hazard provided: 4.20 (i) destruction was not caused by the intentional act of or 4.21 at the direction of a controlling person of the facility; 4.22 (ii) at the time the facility was destroyed or damaged the 4.23 controlling persons of the facility maintained insurance 4.24 coverage for the type of hazard that occurred in an amount that 4.25 a reasonable person would conclude was adequate; 4.26 (iii) the net proceeds from an insurance settlement for the 4.27 damages caused by the hazard are applied to the cost of the new 4.28 facility or repairs; 4.29 (iv) the new facility is constructed on the same site as 4.30 the destroyed facility or on another site subject to the 4.31 restrictions in section 144A.073, subdivision 5; 4.32 (v) the number of licensed and certified beds in the new 4.33 facility does not exceed the number of licensed and certified 4.34 beds in the destroyed facility; and 4.35 (vi) the commissioner determines that the replacement beds 4.36 are needed to prevent an inadequate supply of beds. 5.1 Project construction costs incurred for repairs authorized under 5.2 this clause shall not be considered in the dollar threshold 5.3 amount defined in subdivision 2; 5.4 (b) to license or certify beds that are moved from one 5.5 location to another within a nursing home facility, provided the 5.6 total costs of remodeling performed in conjunction with the 5.7 relocation of beds does not exceed $750,000; 5.8 (c) to license or certify beds in a project recommended for 5.9 approval under section 144A.073; 5.10 (d) to license or certify beds that are moved from an 5.11 existing state nursing home to a different state facility, 5.12 provided there is no net increase in the number of state nursing 5.13 home beds; 5.14 (e) to certify and license as nursing home beds boarding 5.15 care beds in a certified boarding care facility if the beds meet 5.16 the standards for nursing home licensure, or in a facility that 5.17 was granted an exception to the moratorium under section 5.18 144A.073, and if the cost of any remodeling of the facility does 5.19 not exceed $750,000. If boarding care beds are licensed as 5.20 nursing home beds, the number of boarding care beds in the 5.21 facility must not increase beyond the number remaining at the 5.22 time of the upgrade in licensure. The provisions contained in 5.23 section 144A.073 regarding the upgrading of the facilities do 5.24 not apply to facilities that satisfy these requirements; 5.25 (f) to license and certify up to 40 beds transferred from 5.26 an existing facility owned and operated by the Amherst H. Wilder 5.27 Foundation in the city of St. Paul to a new unit at the same 5.28 location as the existing facility that will serve persons with 5.29 Alzheimer's disease and other related disorders. The transfer 5.30 of beds may occur gradually or in stages, provided the total 5.31 number of beds transferred does not exceed 40. At the time of 5.32 licensure and certification of a bed or beds in the new unit, 5.33 the commissioner of health shall delicense and decertify the 5.34 same number of beds in the existing facility. As a condition of 5.35 receiving a license or certification under this clause, the 5.36 facility must make a written commitment to the commissioner of 6.1 human services that it will not seek to receive an increase in 6.2 its property-related payment rate as a result of the transfers 6.3 allowed under this paragraph; 6.4 (g) to license and certify nursing home beds to replace 6.5 currently licensed and certified boarding care beds which may be 6.6 located either in a remodeled or renovated boarding care or 6.7 nursing home facility or in a remodeled, renovated, newly 6.8 constructed, or replacement nursing home facility within the 6.9 identifiable complex of health care facilities in which the 6.10 currently licensed boarding care beds are presently located, 6.11 provided that the number of boarding care beds in the facility 6.12 or complex are decreased by the number to be licensed as nursing 6.13 home beds and further provided that, if the total costs of new 6.14 construction, replacement, remodeling, or renovation exceed ten 6.15 percent of the appraised value of the facility or $200,000, 6.16 whichever is less, the facility makes a written commitment to 6.17 the commissioner of human services that it will not seek to 6.18 receive an increase in its property-related payment rate by 6.19 reason of the new construction, replacement, remodeling, or 6.20 renovation. The provisions contained in section 144A.073 6.21 regarding the upgrading of facilities do not apply to facilities 6.22 that satisfy these requirements; 6.23 (h) to license as a nursing home and certify as a nursing 6.24 facility a facility that is licensed as a boarding care facility 6.25 but not certified under the medical assistance program, but only 6.26 if the commissioner of human services certifies to the 6.27 commissioner of health that licensing the facility as a nursing 6.28 home and certifying the facility as a nursing facility will 6.29 result in a net annual savings to the state general fund of 6.30 $200,000 or more; 6.31 (i) to certify, after September 30, 1992, and prior to July 6.32 1, 1993, existing nursing home beds in a facility that was 6.33 licensed and in operation prior to January 1, 1992; 6.34 (j) to license and certify new nursing home beds to replace 6.35 beds in a facility acquired by the Minneapolis community 6.36 development agency as part of redevelopment activities in a city 7.1 of the first class, provided the new facility is located within 7.2 three miles of the site of the old facility. Operating and 7.3 property costs for the new facility must be determined and 7.4 allowed under section 256B.431 or 256B.434; 7.5 (k) to license and certify up to 20 new nursing home beds 7.6 in a community-operated hospital and attached convalescent and 7.7 nursing care facility with 40 beds on April 21, 1991, that 7.8 suspended operation of the hospital in April 1986. The 7.9 commissioner of human services shall provide the facility with 7.10 the same per diem property-related payment rate for each 7.11 additional licensed and certified bed as it will receive for its 7.12 existing 40 beds; 7.13 (l) to license or certify beds in renovation, replacement, 7.14 or upgrading projects as defined in section 144A.073, 7.15 subdivision 1, so long as the cumulative total costs of the 7.16 facility's remodeling projects do not exceed $750,000; 7.17 (m) to license and certify beds that are moved from one 7.18 location to another for the purposes of converting up to five 7.19 four-bed wards to single or double occupancy rooms in a nursing 7.20 home that, as of January 1, 1993, was county-owned and had a 7.21 licensed capacity of 115 beds; 7.22 (n) to allow a facility that on April 16, 1993, was a 7.23 106-bed licensed and certified nursing facility located in 7.24 Minneapolis to layaway all of its licensed and certified nursing 7.25 home beds. These beds may be relicensed and recertified in a 7.26 newly-constructed teaching nursing home facility affiliated with 7.27 a teaching hospital upon approval by the legislature. The 7.28 proposal must be developed in consultation with the interagency 7.29 committee on long-term care planning. The beds on layaway 7.30 status shall have the same status as voluntarily delicensed and 7.31 decertified beds, except that beds on layaway status remain 7.32 subject to the surcharge in section 256.9657. This layaway 7.33 provision expires July 1, 1998; 7.34 (o) to allow a project which will be completed in 7.35 conjunction with an approved moratorium exception project for a 7.36 nursing home in southern Cass county and which is directly 8.1 related to that portion of the facility that must be repaired, 8.2 renovated, or replaced, to correct an emergency plumbing problem 8.3 for which a state correction order has been issued and which 8.4 must be corrected by August 31, 1993; 8.5 (p) to allow a facility that on April 16, 1993, was a 8.6 368-bed licensed and certified nursing facility located in 8.7 Minneapolis to layaway, upon 30 days prior written notice to the 8.8 commissioner, up to 30 of the facility's licensed and certified 8.9 beds by converting three-bed wards to single or double 8.10 occupancy. Beds on layaway status shall have the same status as 8.11 voluntarily delicensed and decertified beds except that beds on 8.12 layaway status remain subject to the surcharge in section 8.13 256.9657, remain subject to the license application and renewal 8.14 fees under section 144A.07 and shall be subject to a $100 per 8.15 bed reactivation fee. In addition, at any time within three 8.16 years of the effective date of the layaway, the beds on layaway 8.17 status may be: 8.18 (1) relicensed and recertified upon relocation and 8.19 reactivation of some or all of the beds to an existing licensed 8.20 and certified facility or facilities located in Pine River, 8.21 Brainerd, or International Falls; provided that the total 8.22 project construction costs related to the relocation of beds 8.23 from layaway status for any facility receiving relocated beds 8.24 may not exceed the dollar threshold provided in subdivision 2 8.25 unless the construction project has been approved through the 8.26 moratorium exception process under section 144A.073; 8.27 (2) relicensed and recertified, upon reactivation of some 8.28 or all of the beds within the facility which placed the beds in 8.29 layaway status, if the commissioner has determined a need for 8.30 the reactivation of the beds on layaway status. 8.31 The property-related payment rate of a facility placing 8.32 beds on layaway status must be adjusted by the incremental 8.33 change in its rental per diem after recalculating the rental per 8.34 diem as provided in section 256B.431, subdivision 3a, paragraph 8.35 (c). The property-related payment rate for a facility 8.36 relicensing and recertifying beds from layaway status must be 9.1 adjusted by the incremental change in its rental per diem after 9.2 recalculating its rental per diem using the number of beds after 9.3 the relicensing to establish the facility's capacity day 9.4 divisor, which shall be effective the first day of the month 9.5 following the month in which the relicensing and recertification 9.6 became effective. Any beds remaining on layaway status more 9.7 than three years after the date the layaway status became 9.8 effective must be removed from layaway status and immediately 9.9 delicensed and decertified; 9.10 (q) to license and certify beds in a renovation and 9.11 remodeling project to convert 12 four-bed wards into 24 two-bed 9.12 rooms, expand space, and add improvements in a nursing home 9.13 that, as of January 1, 1994, met the following conditions: the 9.14 nursing home was located in Ramsey county; had a licensed 9.15 capacity of 154 beds; and had been ranked among the top 15 9.16 applicants by the 1993 moratorium exceptions advisory review 9.17 panel. The total project construction cost estimate for this 9.18 project must not exceed the cost estimate submitted in 9.19 connection with the 1993 moratorium exception process; 9.20 (r) to license and certify up to 117 beds that are 9.21 relocated from a licensed and certified 138-bed nursing facility 9.22 located in St. Paul to a hospital with 130 licensed hospital 9.23 beds located in South St. Paul, provided that the nursing 9.24 facility and hospital are owned by the same or a related 9.25 organization and that prior to the date the relocation is 9.26 completed the hospital ceases operation of its inpatient 9.27 hospital services at that hospital. After relocation, the 9.28 nursing facility's status under section 256B.431, subdivision 9.29 2j, shall be the same as it was prior to relocation. The 9.30 nursing facility's property-related payment rate resulting from 9.31 the project authorized in this paragraph shall become effective 9.32 no earlier than April 1, 1996. For purposes of calculating the 9.33 incremental change in the facility's rental per diem resulting 9.34 from this project, the allowable appraised value of the nursing 9.35 facility portion of the existing health care facility physical 9.36 plant prior to the renovation and relocation may not exceed 10.1 $2,490,000; 10.2 (s) to license and certify two beds in a facility to 10.3 replace beds that were voluntarily delicensed and decertified on 10.4 June 28, 1991; 10.5 (t) to allow 16 licensed and certified beds located on July 10.6 1, 1994, in a 142-bed nursing home and 21-bed boarding care home 10.7 facility in Minneapolis, notwithstanding the licensure and 10.8 certification after July 1, 1995, of the Minneapolis facility as 10.9 a 147-bed nursing home facility after completion of a 10.10 construction project approved in 1993 under section 144A.073, to 10.11 be laid away upon 30 days' prior written notice to the 10.12 commissioner. Beds on layaway status shall have the same status 10.13 as voluntarily delicensed or decertified beds except that they 10.14 shall remain subject to the surcharge in section 256.9657. The 10.15 16 beds on layaway status may be relicensed as nursing home beds 10.16 and recertified at any time within five years of the effective 10.17 date of the layaway upon relocation of some or all of the beds 10.18 to a licensed and certified facility located in Watertown, 10.19 provided that the total project construction costs related to 10.20 the relocation of beds from layaway status for the Watertown 10.21 facility may not exceed the dollar threshold provided in 10.22 subdivision 2 unless the construction project has been approved 10.23 through the moratorium exception process under section 144A.073. 10.24 The property-related payment rate of the facility placing 10.25 beds on layaway status must be adjusted by the incremental 10.26 change in its rental per diem after recalculating the rental per 10.27 diem as provided in section 256B.431, subdivision 3a, paragraph 10.28 (c). The property-related payment rate for the facility 10.29 relicensing and recertifying beds from layaway status must be 10.30 adjusted by the incremental change in its rental per diem after 10.31 recalculating its rental per diem using the number of beds after 10.32 the relicensing to establish the facility's capacity day 10.33 divisor, which shall be effective the first day of the month 10.34 following the month in which the relicensing and recertification 10.35 became effective. Any beds remaining on layaway status more 10.36 than five years after the date the layaway status became 11.1 effective must be removed from layaway status and immediately 11.2 delicensed and decertified; 11.3 (u) to license and certify beds that are moved within an 11.4 existing area of a facility or to a newly constructed addition 11.5 which is built for the purpose of eliminating three- and 11.6 four-bed rooms and adding space for dining, lounge areas, 11.7 bathing rooms, and ancillary service areas in a nursing home 11.8 that, as of January 1, 1995, was located in Fridley and had a 11.9 licensed capacity of 129 beds; 11.10 (v) to relocate 36 beds in Crow Wing county and four beds 11.11 from Hennepin county to a 160-bed facility in Crow Wing county, 11.12 provided all the affected beds are under common ownership; 11.13 (w) to license and certify a total replacement project of 11.14 up to 49 beds located in Norman county that are relocated from a 11.15 nursing home destroyed by flood and whose residents were 11.16 relocated to other nursing homes. The operating cost payment 11.17 rates for the new nursing facility shall be determined based on 11.18 the interim and settle-up payment provisions of Minnesota Rules, 11.19 part 9549.0057, and the reimbursement provisions of section 11.20 256B.431, except that subdivision 26, paragraphs (a) and (b), 11.21 shall not apply until the second rate year after the settle-up 11.22 cost report is filed. Property-related reimbursement rates 11.23 shall be determined under section 256B.431, taking into account 11.24 any federal or state flood-related loans or grants provided to 11.25 the facility; 11.26 (x) to license and certify a total replacement project of 11.27 up to 129 beds located in Polk county that are relocated from a 11.28 nursing home destroyed by flood and whose residents were 11.29 relocated to other nursing homes. The operating cost payment 11.30 rates for the new nursing facility shall be determined based on 11.31 the interim and settle-up payment provisions of Minnesota Rules, 11.32 part 9549.0057, and the reimbursement provisions of section 11.33 256B.431, except that subdivision 26, paragraphs (a) and (b), 11.34 shall not apply until the second rate year after the settle-up 11.35 cost report is filed. Property-related reimbursement rates 11.36 shall be determined under section 256B.431, taking into account 12.1 any federal or state flood-related loans or grants provided to 12.2 the facility; 12.3 (y) to license and certify beds in a renovation and 12.4 remodeling project to convert 13 three-bed wards into 13 two-bed 12.5 rooms and 13 single-bed rooms, expand space, and add 12.6 improvements in a nursing home that, as of January 1, 1994, met 12.7 the following conditions: the nursing home was located in 12.8 Ramsey county, was not owned by a hospital corporation, had a 12.9 licensed capacity of 64 beds, and had been ranked among the top 12.10 15 applicants by the 1993 moratorium exceptions advisory review 12.11 panel. The total project construction cost estimate for this 12.12 project must not exceed the cost estimate submitted in 12.13 connection with the 1993 moratorium exception process; 12.14 (z) to license and certify up to 150 nursing home beds to 12.15 replace an existing 285 bed nursing facility located in St. 12.16 Paul. The replacement project shall include both the renovation 12.17 of existing buildings and the construction of new facilities at 12.18 the existing site. The reduction in the licensed capacity of 12.19 the existing facility shall occur during the construction 12.20 project as beds are taken out of service due to the construction 12.21 process. Prior to the start of the construction process, the 12.22 facility shall provide written information to the commissioner 12.23 of health describing the process for bed reduction, plans for 12.24 the relocation of residents, and the estimated construction 12.25 schedule. The relocation of residents shall be in accordance 12.26 with the provisions of law and rule; 12.27 (aa) to allow the commissioner of human services to license 12.28 an additional 36 beds to provide residential services for the 12.29 physically handicapped under Minnesota Rules, parts 9570.2000 to 12.30 9570.3400, in a 198-bed nursing home located in Red Wing, 12.31 provided that the total number of licensed and certified beds at 12.32 the facility does not increase; 12.33 (bb) to license and certify a new facility in St. Louis 12.34 county with 44 beds constructed to replace an existing facility 12.35 in St. Louis county with 31 beds, which has resident rooms on 12.36 two separate floors and an antiquated elevator that creates 13.1 safety concerns for residents and prevents nonambulatory 13.2 residents from residing on the second floor. The project shall 13.3 include the elimination of three- and four-bed rooms; 13.4 (cc) to license and certify four beds in a 16-bed certified 13.5 boarding care home in Minneapolis to replace beds that were 13.6 voluntarily delicensed and decertified on or before March 31, 13.7 1992. The licensure and certification is conditional upon the 13.8 facility periodically assessing and adjusting its resident mix 13.9 and other factors which may contribute to a potential 13.10 institution for mental disease declaration. The commissioner of 13.11 human services shall retain the authority to audit the facility 13.12 at any time and shall require the facility to comply with any 13.13 requirements necessary to prevent an institution for mental 13.14 disease declaration, including delicensure and decertification 13.15 of beds, if necessary; or13.16 (dd) to license and certify 72 beds in an existing facility 13.17 in Mille Lacs county with 80 beds as part of a renovation 13.18 project. The renovation must include construction of an 13.19 addition to accommodate ten residents with beginning and 13.20 midstage dementia in a self-contained living unit; creation of 13.21 three resident households where dining, activities, and support 13.22 spaces are located near resident living quarters; designation of 13.23 four beds for rehabilitation in a self-contained area; 13.24 designation of 30 private rooms; and other improvements; or 13.25 (ee) to license and certify a new hospital-attached nursing 13.26 facility of 85 beds, as part of a project to replace a hospital 13.27 and an attached nursing facility in St. Peter, provided that the 13.28 new hospital and attached nursing facility are located within 13.29 city limits, and the project does not result in an increase in 13.30 hospital beds or an increase in nursing facility beds.