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HF 127

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/16/2020 12:23pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; establishing requirements for hospitals to discharge patients to
long-term care facilities; requiring hospitals to be reimbursed for certain
COVID-19-related extended stays; appropriating money.

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

Section 1. new text beginHOSPITAL DISCHARGE OF PATIENTS TO LONG-TERM CARE
FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Adult foster care" means a setting licensed as adult foster care under Minnesota
Rules, parts 9555.5105 to 9555.6265.
new text end

new text begin (c) "Assisted living setting" means (1) a housing with services establishment registered
under Minnesota Statutes, section 144D.02, and operating under title protection under
Minnesota Statutes, sections 144G.01 to 144G.07; or (2) a housing with services
establishment registered under Minnesota Statutes, section 144D.02, and required to disclose
special care status under Minnesota Statutes, section 325F.72.
new text end

new text begin (d) "Community residential setting" means a setting licensed as a community residential
setting under Minnesota Statutes, section 245A.11, subdivision 8.
new text end

new text begin (e) "Health plan" has the meaning given in Minnesota Statutes, section 62A.011,
subdivision 3.
new text end

new text begin (f) "Hospital" means a facility licensed as a hospital under Minnesota Statutes, sections
144.50 to 144.58.
new text end

new text begin (g) "Intermediate care facility for persons with developmental disabilities" has the
meaning given in Minnesota Statutes, section 245D.02, subdivision 11a.
new text end

new text begin (h) "Long-term care facility" means adult foster care, an assisted living setting, a
community residential setting, an intermediate care facility for persons with developmental
disabilities, or a nursing home.
new text end

new text begin (i) "No longer infectious" means either (1) at least 72 hours have passed since (i) the
resolution of fever without fever-reducing medication and (ii) the commencement of
improvement in respiratory symptoms such as coughing and shortness of breath; or (2)
testing negative for COVID-19 using an RT-PCR test.
new text end

new text begin (j) "Nursing home" means a facility licensed as a nursing home under Minnesota Statutes,
chapter 144A.
new text end

new text begin (k) "RT-PCR test" means a reverse transcription polymerase chain reaction test that is
used to detect SARS-CoV-2, the virus that causes the infectious disease COVID-19, and
that has been approved by the federal Food and Drug Administration.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for discharge of patients to long-term care facilities. new text end

new text begin (a) Prior
to discharging a patient to a long-term care facility, a hospital must test the patient for
COVID-19 using an RT-PCR test.
new text end

new text begin (b) Except as provided in paragraph (c), a hospital is prohibited from discharging a
patient who tests positive for COVID-19 to a long-term care facility, until the patient is no
longer infectious.
new text end

new text begin (c) A hospital may discharge a patient who tests positive for COVID-19 to a separate
unit or building of a long-term care facility that is dedicated to caring for individuals who
test positive for COVID-19, provided the personnel staffing the separate unit or building
of the long-term care facility only provide care to residents in that unit or building and do
not also provide care to residents outside that unit or building.
new text end

new text begin Subd. 3. new text end

new text begin Hospital reimbursement for patients; extended stay. new text end

new text begin (a) Every health plan
that provides coverage to Minnesota residents must reimburse a hospital for the cost of any
extended inpatient hospital stay that results from compliance with subdivision 2. This
reimbursement must be in addition to the payment that would otherwise be provided to the
hospital for services provided to similarly situated patients whose discharge was not delayed
due to compliance with subdivision 2 and must be sufficient to cover the additional costs
incurred by the hospital for providing services during the extended stay.
new text end

new text begin (b) The medical assistance program under Minnesota Statutes, chapter 256B, and the
MinnesotaCare program under Minnesota Statutes, chapter 256L, must reimburse a hospital
for the cost of any extended inpatient hospital stay that results from compliance with
subdivision 2. This reimbursement must be in addition to the payment that would otherwise
be provided to the hospital for services provided to similarly situated patients whose discharge
was not delayed due to compliance with subdivision 2 and must be sufficient to cover the
additional costs incurred by the hospital for providing services during the extended stay.
new text end

new text begin (c) The commissioner of human services must reimburse a hospital for the cost of any
extended inpatient hospital stay that results from compliance with subdivision 2, for a patient
who is uninsured. This reimbursement must be in addition to any payment that would be
owed to the hospital by a similarly situated, uninsured patient whose discharge was not
delayed due to compliance with subdivision 2 and must be sufficient to cover the additional
costs incurred by the hospital for providing services during the extended stay. For purposes
of this paragraph, "uninsured" means that a patient does not have coverage under a health
plan, medical assistance, or MinnesotaCare, and does not otherwise have health coverage
or another form of third-party reimbursement for the services provided.
new text end

new text begin (d) In fiscal years 2020 and 2021 an amount sufficient to reimburse hospitals according
to paragraph (c) is appropriated from the coronavirus relief federal fund to the commissioner
of human services in order to reimburse hospitals according to paragraph (c). These are
onetime appropriations.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section expires 60 days after the end of the peacetime
emergency declared under Minnesota Statutes, section 12.31, subdivision 2, related to an
outbreak of COVID-19.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except
that subdivision 3, paragraph (b), is effective upon any necessary federal approval.
new text end