Minnesota Legislature
HF 1951
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/21/2005 | |
| 1st Engrossment | Posted on 04/04/2005 |
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A bill for an act
relating to human services; changing long-term care
provisions; amending Minnesota Statutes 2004, sections
144A.071, subdivision 1a; 256B.0913, subdivision 8;
256B.0915, subdivisions 1a, 6, 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
LONG-TERM CARE FACILITIES
Section 1.
Minnesota Statutes 2004, section 144A.071,
subdivision 1a, is amended to read:
Subd. 1a.
Definitions.
For purposes of sections 144A.071
to 144A.073, the following terms have the meanings given them:
(a) "Attached fixtures" has the meaning given in Minnesota
Rules, part 9549.0020, subpart 6.
(b) "Buildings" has the meaning given in Minnesota Rules,
part 9549.0020, subpart 7.
(c) "Capital assets" has the meaning given in section
256B.421, subdivision 16.
(d) "Commenced construction" means that all of the
following conditions were met: the final working drawings and
specifications were approved by the commissioner of health; the
construction contracts were let; a timely construction schedule
was developed, stipulating dates for beginning, achieving
various stages, and completing construction; and all zoning and
building permits were applied for.
(e) "Completion date" means the date on which a certificate
of occupancy is issued for a construction project, or if a
certificate of occupancy is not required, the date on which the
construction project is available for facility use.
(f) "Construction" means any erection, building,
alteration, reconstruction, modernization, or improvement
necessary to comply with the nursing home licensure rules.
(g) "Construction project" means:
(1) a capital asset addition to, or replacement of a
nursing home or certified boarding care home that results in new
space or the remodeling of or renovations to existing facility
space; new text begin and
new text end
(2) the remodeling or renovation of existing facility space
the use of which is modified as a result of the project
described in clause (1). This existing space and the project
described in clause (1) must be used for the functions as
designated on the construction plans on completion of the
project described in clause (1) for a period of not less than 24
monthsdeleted text begin ; or
deleted text end
deleted text begin
(3) capital asset additions or replacements that are
completed within 12 months before or after the completion date
of the project described in clause (1)deleted text end .
(h) new text begin "Depreciation guidelines" means the most recent
publication of "The Estimated Useful Lives of Depreciable
Hospital Assets," issued by the American Hospital Association,
840 North Lake Shore Drive, Chicago, Illinois, 60611.
new text end
new text begin
(i) new text end "New licensed" or "new certified beds" means:
(1) newly constructed beds in a facility or the
construction of a new facility that would increase the total
number of licensed nursing home beds or certified boarding care
or nursing home beds in the state; or
(2) newly licensed nursing home beds or newly certified
boarding care or nursing home beds that result from remodeling
of the facility that involves relocation of beds but does not
result in an increase in the total number of beds, except when
the project involves the upgrade of boarding care beds to
nursing home beds, as defined in section 144A.073, subdivision
1. "Remodeling" includes any of the type of conversion,
renovation, replacement, or upgrading projects as defined in
section 144A.073, subdivision 1.
deleted text begin
(i) deleted text end new text begin (j) new text end "Project construction costs" means the cost of the
new text begin
following items that have a completion date within 12 months
before or after the completion date of the project described in
item (g), clause (1):
new text end
new text begin
(1) new text end facility capital asset additionsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin
(2) new text end replacementsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin
(3) new text end renovationsdeleted text begin , or deleted text end new text begin ;
new text end
new text begin
(4) new text end remodeling projectsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin
(5) new text end construction site preparation costsdeleted text begin , and deleted text end new text begin ;
new text end
new text begin
(6) new text end related soft costsdeleted text begin . Project construction costs include
the cost of any remodeling or renovation of existing facility
space which is modified as a result of the construction
project. Project construction costs also includes the cost of
new technology implemented as part of the construction project.
Project construction costs also include deleted text end new text begin ; and
new text end
new text begin
(7) new text end the cost of new technology implemented as part of the
construction project and depreciable equipment directly
identified to the projectnew text begin , if the construction costs for clauses
(1) to (6) exceed the threshold for additions and replacements
stated in section 256B.431, subdivision 16new text end . deleted text begin Any new deleted text end Technology
and depreciable equipment new text begin shall be new text end included in the project
construction costs deleted text begin shall, at the deleted text end new text begin unless a new text end written election deleted text begin of deleted text end new text begin is
made by new text end the facility, deleted text begin be included deleted text end new text begin to not include it new text end in the
facility's appraised value for purposes of Minnesota Rules, part
9549.0020, subpart 5deleted text begin , and deleted text end new text begin .new text end Debt incurred for deleted text begin its deleted text end purchase new text begin of
technology and depreciable equipment new text end shall be included as
allowable debt for purposes of Minnesota Rules, part 9549.0060,
subpart 5, items A and Cnew text begin , unless the written election is to not
include itnew text end . Any new technology and depreciable equipment
included in the project construction costs that the facility
elects not to include in its appraised value and allowable debt
shall be treated as provided in section 256B.431, subdivision
17, paragraph (b). Written election under this paragraph must
be included in the facility's request for the rate change
related to the project, and this election may not be changed.
deleted text begin
(j) deleted text end new text begin (k) new text end "Technology" means information systems or devices
that make documentation, charting, and staff time more efficient
or encourage and allow for care through alternative settings
including, but not limited to, touch screens, monitors,
hand-helds, swipe cards, motion detectors, pagers, telemedicine,
medication dispensers, and equipment to monitor vital signs and
self-injections, and to observe skin and other conditions.
ARTICLE 2
CONTINUING CARE FOR THE ELDERLY
Section 1.
Minnesota Statutes 2004, section 256B.0913,
subdivision 8, is amended to read:
Subd. 8.
Requirements for individual care plan.
(a) The
case manager shall implement the plan of care for each
alternative care client and ensure that a client's service needs
and eligibility are reassessed at least every 12 months. The
plan shall include any services prescribed by the individual's
attending physician as necessary to allow the individual to
remain in a community setting. In developing the individual's
care plan, the case manager should include the use of volunteers
from families and neighbors, religious organizations, social
clubs, and civic and service organizations to support the formal
home care services. The county shall be held harmless for
damages or injuries sustained through the use of volunteers
under this subdivision including workers' compensation
liability. The deleted text begin lead agency deleted text end new text begin county of service new text end shall provide
documentation in each individual's plan of care and, if
requested, to the commissioner that the most cost-effective
alternatives available have been offered to the individual and
that the individual was free to choose among available qualified
providers, both public and private, including qualified case
management or service coordination providers other than those
employed by deleted text begin the lead agency when the lead agency deleted text end new text begin any county;
however, the county or tribe new text end maintains responsibility for prior
authorizing services in accordance with statutory and
administrative requirements. The case manager must give the
individual a ten-day written notice of any denial, termination,
or reduction of alternative care services.
(b) deleted text begin If deleted text end The county deleted text begin administering alternative care services
is different than the county of financial responsibility, the
care plan may be implemented without the approval deleted text end of new text begin service
must provide access to and arrange for case management services,
including assuring implementation of the plan. The county of
service must notify new text end the county of financial responsibility new text begin of
the approved care plan and the amount of encumbered fundsnew text end .
Sec. 2.
Minnesota Statutes 2004, section 256B.0915,
subdivision 1a, is amended to read:
Subd. 1a.
Elderly waiver case management services.
new text begin (a)
new text end
Elderly case management services under the home and
community-based services waiver for elderly individuals are
available from providers meeting qualification requirements and
the standards specified in subdivision 1b. Eligible recipients
may choose any qualified provider of elderly case management
services.
new text begin
(b) The county of service or tribe must provide access to
and arrange for case management services.
new text end
Sec. 3.
Minnesota Statutes 2004, section 256B.0915,
subdivision 6, is amended to read:
Subd. 6.
Implementation of care plan.
Each elderly
waiver client shall be provided a copy of a written care plan
that meets the requirements outlined in section 256B.0913,
subdivision 8. deleted text begin If deleted text end The new text begin care plan must be implemented by the
new text end
county administering waivered services new text begin when it new text end is different than
the county of financial responsibilitydeleted text begin , the care plan may be
implemented without the approval of deleted text end new text begin . The county administering
waivered services must notify new text end the county of financial
responsibility new text begin of the approved care plannew text end .
Sec. 4.
Minnesota Statutes 2004, section 256B.0915,
subdivision 9, is amended to read:
Subd. 9.
Tribal management of elderly waiver.
Notwithstanding contrary provisions of this section, or those in
other state laws or rules, the commissioner deleted text begin and White Earth
reservation deleted text end may develop a model for tribal management of the
elderly waiver program and implement this model through a
contract between the state and deleted text begin White Earth Reservation deleted text end new text begin any of
the state's federally recognized tribal governmentsnew text end . The model
shall include the provision of tribal waiver case management,
assessment for personal care assistance, and administrative
requirements otherwise carried out by counties but shall not
include tribal financial eligibility determination for medical
assistance.