Minnesota Legislature
HF 582
1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/02/2017 04:20pm
Bill Text Versions
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| Introduction | Posted on 01/26/2017 | |
| 1st Engrossment | Posted on 03/02/2017 |
Current Version - 1st Engrossment
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A bill for an act
relating to health; modifying the types of health professionals who may be employed
by supplemental nursing services agencies overseen by the commissioner of health;
modifying certain provisions governing nursing home and nursing facility costs;
amending Minnesota Statutes 2016, sections 144A.70, subdivision 6, by adding a
subdivision; 144A.74; 256R.02, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 144A.70, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Nurse. new text end
new text begin
"Nurse" means a licensed practical nurse as defined in section 148.171,
subdivision 8, or a registered nurse as defined in section 148.171, subdivision 20.
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
Sec. 2.
Minnesota Statutes 2016, section 144A.70, subdivision 6, is amended to read:
Subd. 6.
Supplemental nursing services agency.
"Supplemental nursing services
agency" means a person, firm, corporation, partnership, or association engaged for hire in
the business of providing or procuring temporary employment in health care facilities for
nurses, nursing assistants, nurse aides, new text begin and new text end orderliesdeleted text begin , and other licensed health professionalsdeleted text end .
Supplemental nursing services agency does not include an individual who only engages in
providing the individual's services on a temporary basis to health care facilities. Supplemental
nursing services agency does not include a professional home care agency licensed under
section 144A.471 that only provides staff to other home care providers.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2016, section 144A.74, is amended to read:
144A.74 MAXIMUM CHARGES.
A supplemental nursing services agency must not bill or receive payments from a nursing
home licensed under this chapter at a rate higher than 150 percent of the sum of the weighted
average wage rate, plus a factor determined by the commissioner to incorporate payroll
taxes as defined in deleted text begin Minnesota Rules, part 9549.0020, subpart 33deleted text end new text begin section 256R.02, subdivision
37new text end , for the applicable employee classification for the geographic group deleted text begin to which the nursing
home is assigned under Minnesota Rules, part 9549.0052deleted text end new text begin specified in section 256R.23,
subdivision 4new text end . The weighted average wage rates must be determined by the commissioner
of human services and reported to the commissioner of health on an annual basis. Wages
are defined as hourly rate of pay and shift differential, including weekend shift differential
and overtime. Facilities shall provide information necessary to determine weighted average
wage rates to the commissioner of human services in a format requested by the commissioner.
The maximum rate must include all charges for administrative fees, contract fees, or other
special charges in addition to the hourly rates for the temporary nursing pool personnel
supplied to a nursing home.new text begin A nursing home that pays for the actual travel and housing costs
for supplemental nursing services agency staff working at the facility and that pays these
costs to the employee, the agency, or another vendor, is not violating the limitation on
charges described in this section.
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
Sec. 4.
Minnesota Statutes 2016, section 256R.02, subdivision 4, is amended to read:
Subd. 4.
Administrative costs.
"Administrative costs" means the identifiable costs for
administering the overall activities of the nursing home. These costs include salaries and
wages of the administrator, assistant administrator, business office employees, security
guards, and associated fringe benefits and payroll taxes, fees, contracts, or purchases related
to business office functions, licenses, and permits except as provided in the external fixed
costs category, employee recognition, travel including meals and lodging, all training except
as specified in subdivision 17, voice and data communication or transmission, office supplies,
property and liability insurance and other forms of insurance not designated to other areas,
personnel recruitment, legal services, accounting services, management or business
consultants, data processing, information technology, Web site, central or home office costs,
business meetings and seminars, postage, fees for professional organizations, subscriptions,
security services, advertising, board of directors fees, working capital interest expense, deleted text begin anddeleted text end
bad debts and bad debt collection feesnew text begin , and costs incurred for travel and housing for persons
employed by a supplemental nursing services agency as defined in section 144A.70,
subdivision 6new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2017.
new text end