HF 1789

as introduced - 88th Legislature (2013 - 2014) Posted on 04/19/2013 10:06am

A bill for an act
relating to human services; modifying critical access nursing facilities provisions;
appropriating money; amending Minnesota Statutes 2012, section 256B.441,
subdivision 63.

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

Section 1.

Minnesota Statutes 2012, section 256B.441, subdivision 63, is amended to
read:

Subd. 63.

Critical access nursing facilities.

(a) The commissioner, in consultation
with the commissioner of health, may designate certain nursing facilities as critical access
nursing facilities. The designation shall be granted on a competitive basis, within the
limits of funds appropriated for this purpose.

(b) The commissioner shall request proposals from nursing facilities every
two years. Proposals must be submitted in the form and according to the timelines
established by the commissioner. In selecting applicants to designate, the commissioner,
in consultation with the commissioner of health, and with input from stakeholders, shall
develop criteria designed to preserve access to nursing facility services in isolated areas,
rebalance long-term care, and improve quality. new text begin Beginning in fiscal year 2014, additional
designations must be in economic development regions with no designated critical access
nursing facilities, or if no such economic development regions remain, in those with
the fewest designations.
new text end

(c) The commissioner shall allow the benefits in clauses (1) to (5) for nursing
facilities designated as critical access nursing facilities:

(1) partial rebasing, with new text begin the commissioner allowing a designated facility new text end operating
payment rates being the sum of new text begin up to new text end 60 percent of the operating payment rate determined
in accordance with subdivision 54 and new text begin at least new text end 40 percent new text begin , with the sum of the two portions
being equal to 100 percent, new text end of the operating payment rate that would have been allowed
had the facility not been designated;

(2) enhanced payments for leave days. Notwithstanding section 256B.431,
subdivision 2r, upon designation as a critical access nursing facility, the commissioner
shall limit payment for leave days to 60 percent of that nursing facility's total payment rate
for the involved resident, and shall allow this payment only when the occupancy of the
nursing facility, inclusive of bed hold days, is equal to or greater than 90 percent;

(3) two designated critical access nursing facilities, with up to 100 beds in active
service, may jointly apply to the commissioner of health for a waiver of Minnesota
Rules, part 4658.0500, subpart 2, in order to jointly employ a director of nursing. The
commissioner of health will consider each waiver request independently based on the
criteria under Minnesota Rules, part 4658.0040;

(4) the minimum threshold under section 256B.431, subdivisions 3f, paragraph (a),
and 17e, shall be 40 percent of the amount that would otherwise apply; and

(5) notwithstanding subdivision 58, beginning October 1, 2014, the quality-based
rate limits under subdivision 50 shall apply to designated critical access nursing facilities.

(d) Designation of a critical access nursing facility shall be for a period of two
years, after which the benefits allowed under paragraph (c) shall be removed. Designated
facilities may apply for continued designation.

new text begin (e) $1,500,000 is appropriated in each fiscal year beginning in 2014 for critical
access nursing facility benefits allowed under paragraph (c).
new text end