HF 1157

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

A bill for an act
relating to health; modifying requirements for the
provision of medical assistance swing bed services;
amending Minnesota Statutes 2004, section 256B.0625,
subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 256B.0625,
subdivision 2, is amended to read:

Subd. 2.

Skilled and intermediate nursing care.

Medical
assistance covers skilled nursing home services and services of
intermediate care facilities, including training and
habilitation services, as defined in section 252.41, subdivision
3, for persons with mental retardation or related conditions who
are residing in intermediate care facilities for persons with
mental retardation or related conditions. Medical assistance
must not be used to pay the costs of nursing care provided to a
patient in a swing bed as defined in section 144.562, unless (a)
the facility in which the swing bed is located is eligible as a
sole community provider, as defined in Code of Federal
Regulations, title 42, section 412.92, or the facility is a
public hospital owned by a governmental entity with 15 or fewer
licensed acute care beds; (b) the Centers for Medicare and
Medicaid Services approves the necessary state plan amendments;
(c) the patient was screened as provided by law; (d) the patient
no longer requires acute care services; and (e) no nursing home
beds are available within 25 miles of the facility. new text begin The
commissioner shall exempt a facility from compliance with the
sole community provider requirement in clause (a) if, as of
January 1, 2004, the facility had an agreement with the
commissioner to provide medical assistance swing bed services.
new text end Medical assistance also covers up to ten days of nursing care
provided to a patient in a swing bed if: (1) the patient's
physician certifies that the patient has a terminal illness or
condition that is likely to result in death within 30 days and
that moving the patient would not be in the best interests of
the patient and patient's family; (2) no open nursing home beds
are available within 25 miles of the facility; and (3) no open
beds are available in any Medicare hospice program within 50
miles of the facility. The daily medical assistance payment for
nursing care for the patient in the swing bed is the statewide
average medical assistance skilled nursing care per diem as
computed annually by the commissioner on July 1 of each year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to medical assistance
payments for swing bed services provided on or after March 5,
2005.
new text end