HF 3970

as introduced - 89th Legislature (2015 - 2016) Posted on 04/25/2016 04:14pm

A bill for an act
relating to health; adding home health care providers and community-based
services providers to essential community providers; amending Minnesota
Statutes 2014, section 62Q.19, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 62Q.19, subdivision 1, is amended to read:

Subdivision 1.

Designation.

(a) The commissioner shall designate essential
community providers. The criteria for essential community provider designation shall be
the following:

(1) a demonstrated ability to integrate applicable supportive and stabilizing services
with medical care for uninsured persons and high-risk and special needs populations,
underserved, and other special needs populations; and

(2) a commitment to serve low-income and underserved populations by meeting the
following requirements:

(i) has nonprofit status in accordance with chapter 317A;

(ii) has tax-exempt status in accordance with the Internal Revenue Service Code,
section 501(c)(3);

(iii) charges for services on a sliding fee schedule based on current poverty income
guidelines; and

(iv) does not restrict access or services because of a client's financial limitation;

(3) status as a local government unit as defined in section 62D.02, subdivision 11, a
hospital district created or reorganized under sections 447.31 to 447.37, an Indian tribal
government, an Indian health service unit, or a community health board as defined in
chapter 145A;

(4) a former state hospital that specializes in the treatment of cerebral palsy, spina
bifida, epilepsy, closed head injuries, specialized orthopedic problems, and other disabling
conditions;

(5) a sole community hospital. For these rural hospitals, the essential community
provider designation applies to all health services provided, including both inpatient and
outpatient services. For purposes of this section, "sole community hospital" means a
rural hospital that:

(i) is eligible to be classified as a sole community hospital according to Code
of Federal Regulations, title 42, section 412.92, or is located in a community with a
population of less than 5,000 and located more than 25 miles from a like hospital currently
providing acute short-term services;

(ii) has experienced net operating income losses in two of the previous three
most recent consecutive hospital fiscal years for which audited financial information is
available; and

(iii) consists of 40 or fewer licensed beds;

(6) a birth center licensed under section 144.615; deleted text begin or
deleted text end

(7) a hospital and affiliated specialty clinics that predominantly serve patients who
are under 21 years of age and meet the following criteria:

(i) provide intensive specialty pediatric services that are routinely provided in fewer
than five hospitals in the state; and

(ii) serve children from at least one-half of the counties in the state deleted text begin . deleted text end new text begin ;
new text end

new text begin (8) a home health care agency licensed under chapter 144 or a home and
community-based services provider licensed under chapter 245D that provides culturally
sensitive and competent services to high-risk and special needs populations. For the
purposes of this section, "culturally sensitive and competent services" means the ability
to provide services that are receptive and sensitive to cultural differences, as well as the
awareness of behavior particular to a specific culture, and the ability to carry out home
health care services consistent with this awareness, and specifically includes the following:
new text end

new text begin (i) services to refugees who have resided in Minnesota for three or fewer years;
new text end

new text begin (ii) the home health care agency or home and community-based services provider
that provides these services to 100 or more refugees; and
new text end

new text begin (iii) for clients with limited English proficiency, the home health care agency or
home and community-based services provider has the ability to provide these services in
the client's preferred language; or
new text end

new text begin (9) a linguistic services provider that meets the following requirements:
new text end

new text begin (i) employs or contracts with only health care interpreters listed on the statewide
roster established under section 144.058 and who have received training in health care
terminology and HIPAA;
new text end

new text begin (ii) provides language interpretation services for 100 languages or more;
new text end

new text begin (iii) makes readily available rare or hard to find language interpretation services to
other essential community providers; and
new text end

new text begin (iv) has current contracts with at least two managed care organizations contracted
with the Department of Human Services.
new text end

(b) Prior to designation, the commissioner shall publish the names of all applicants
in the State Register. The public shall have 30 days from the date of publication to submit
written comments to the commissioner on the application. No designation shall be made
by the commissioner until the 30-day period has expired.

(c) The commissioner may designate an eligible provider as an essential community
provider for all the services offered by that provider or for specific services designated by
the commissioner.

(d) For the purpose of this subdivision, supportive and stabilizing services include at
a minimum, transportation, child care, cultural, and linguistic services where appropriate.