HF 3156

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying the payment rate for certain nursing
facility residents who are ventilator-dependent; amending Minnesota Statutes
2007 Supplement, section 256B.431, subdivision 2e.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 256B.431, subdivision 2e,
is amended to read:

Subd. 2e.

Contracts for services for ventilator-dependent persons.

(a)
The commissioner may negotiate with a nursing facility eligible to receive medical
assistance payments to provide services to a ventilator-dependent person identified by the
commissioner according to criteria developed by the commissioner, including:

(1) nursing facility care has been recommended for the person by a preadmission
screening team;

(2) the person has been hospitalized and no longer requires inpatient acute care
hospital services; and

(3) the commissioner has determined that necessary services for the person cannot
be provided under existing nursing facility rates.

The commissioner may negotiate an adjustment to the operating cost payment
rate for a nursing facility with a resident who is ventilator-dependent, for that resident.
The negotiated adjustment must reflect only the actual additional cost of meeting the
specialized care needs of a ventilator-dependent person identified by the commissioner
for whom necessary services cannot be provided under existing nursing facility rates and
which are not otherwise covered under Minnesota Rules, parts 9549.0010 to 9549.0080 or
9505.0170 to 9505.0475. For persons who are initially admitted to a nursing facility before
July 1, 2001, and have their payment rate under this subdivision negotiated after July 1,
2001, the negotiated payment rate must not exceed 200 percent of the highest multiple
bedroom payment rate for the facility, as initially established by the commissioner for the
rate year for case mix classification K; or, upon implementation of the RUG's-based case
mix system, 200 percent of the highest RUG's rate. For persons initially admitted to a
nursing facility on or after July 1, 2001, the negotiated payment rate must not exceed 300
percent of the facility's multiple bedroom payment rate for case mix classification K; or,
upon implementation of the RUG's-based case mix system, 300 percent of the highest
RUG's rate. The negotiated adjustment shall not affect the payment rate charged to private
paying residents under the provisions of section 256B.48, subdivision 1.

(b) Effective July 1, 2007, or upon opening a unit of at least ten beds dedicated to
care of ventilator-dependent persons in partnership with Mayo Health Systems, whichever
is later, the operating payment rates for residents determined eligible under paragraph (a)
of a nursing facility in Waseca County that on February 1, 2007, was licensed for 70 beds
and reimbursed under this section, section 256B.434, or section 256B.441, shall be 300
percent of the facility's highest RUG rate.

new text begin (c) Effective July 1, 2008, the operating payment rates for residents, determined
eligible as ventilator-dependent under paragraph (a), of a nursing facility in Blue Earth
County that on February 1, 2008, was licensed for 100 beds and reimbursed under this
section or section 256B.434 or 256B.441 shall be 300 percent of the facility's highest
RUG rate.
new text end