SF 1685

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 03:40pm

A bill for an act
relating to human services; establishing a certified nursing assistant kickstarter
program; appropriating money; amending Minnesota Statutes 2018, sections
256R.02, subdivision 19; 256R.25; proposing coding for new law in Minnesota
Statutes, chapter 256R.

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

Section 1.

Minnesota Statutes 2018, section 256R.02, subdivision 19, is amended to read:

Subd. 19.

External fixed costs.

"External fixed costs" means costs related to the nursing
home surcharge under section 256.9657, subdivision 1; licensure fees under section 144.122;
family advisory council fee under section 144A.33; scholarships under section 256R.37;
new text begin the certified nursing assistant kickstarter program under section 256R.375; new text end planned closure
rate adjustments under section 256R.40; consolidation rate adjustments under section
144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d; single-bed room
incentives under section 256R.41; property taxes, assessments, and payments in lieu of
taxes; employer health insurance costs; quality improvement incentive payment rate
adjustments under section 256R.39; performance-based incentive payments under section
256R.38; special dietary needs under section 256R.51; rate adjustments for
compensation-related costs for minimum wage changes under section 256R.49 provided
on or after January 1, 2018; and Public Employees Retirement Association employer costs.

Sec. 2.

Minnesota Statutes 2018, section 256R.25, is amended to read:

256R.25 EXTERNAL FIXED COSTS PAYMENT RATE.

(a) The payment rate for external fixed costs is the sum of the amounts in paragraphs
(b) to deleted text begin (n) deleted text end new text begin (o) new text end .

(b) For a facility licensed as a nursing home, the portion related to the provider surcharge
under section 256.9657 is equal to $8.86 per resident day. For a facility licensed as both a
nursing home and a boarding care home, the portion related to the provider surcharge under
section 256.9657 is equal to $8.86 per resident day multiplied by the result of its number
of nursing home beds divided by its total number of licensed beds.

(c) The portion related to the licensure fee under section 144.122, paragraph (d), is the
amount of the fee divided by the sum of the facility's resident days.

(d) The portion related to development and education of resident and family advisory
councils under section 144A.33 is $5 per resident day divided by 365.

(e) The portion related to scholarships is determined under section 256R.37.

new text begin (f) The portion related to the certified nursing assistant kickstarter program is determined
under section 256R.375.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end The portion related to planned closure rate adjustments is as determined under
section 256R.40, subdivision 5, and Minnesota Statutes 2010, section 256B.436.

deleted text begin (g) deleted text end new text begin (h) new text end The portion related to consolidation rate adjustments shall be as determined under
section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d.

deleted text begin (h) deleted text end new text begin (i) new text end The portion related to single-bed room incentives is as determined under section
256R.41.

deleted text begin (i) deleted text end new text begin (j) new text end The portions related to real estate taxes, special assessments, and payments made
in lieu of real estate taxes directly identified or allocated to the nursing facility are the actual
amounts divided by the sum of the facility's resident days. Allowable costs under this
paragraph for payments made by a nonprofit nursing facility that are in lieu of real estate
taxes shall not exceed the amount which the nursing facility would have paid to a city or
township and county for fire, police, sanitation services, and road maintenance costs had
real estate taxes been levied on that property for those purposes.

deleted text begin (j) deleted text end new text begin (k) new text end The portion related to employer health insurance costs is the allowable costs
divided by the sum of the facility's resident days.

deleted text begin (k) deleted text end new text begin (l) new text end The portion related to the Public Employees Retirement Association is actual
costs divided by the sum of the facility's resident days.

deleted text begin (l) deleted text end new text begin (m) new text end The portion related to quality improvement incentive payment rate adjustments
is the amount determined under section 256R.39.

deleted text begin (m) deleted text end new text begin (n) new text end The portion related to performance-based incentive payments is the amount
determined under section 256R.38.

deleted text begin (n) deleted text end new text begin (o) new text end The portion related to special dietary needs is the amount determined under
section 256R.51.

Sec. 3.

new text begin [256R.375] CERTIFIED NURSING ASSISTANT KICKSTARTER
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall establish a certified nursing
assistant kickstarter program to provide funding for training, recruitment, and retention of
certified nursing assistants in nursing facilities. The certified nursing assistant kickstarter
program incentivizes the development of in-house certified nursing assistant training
programs and reimburses nursing facilities for training costs, wages paid during training,
and recruitment and retention bonuses paid.
new text end

new text begin Subd. 2. new text end

new text begin Training costs. new text end

new text begin (a) Training costs under this section include:
new text end

new text begin (1) classroom education costs;
new text end

new text begin (2) materials;
new text end

new text begin (3) uniforms;
new text end

new text begin (4) testing fees; and
new text end

new text begin (5) wages paid during training hours.
new text end

new text begin (b) Costs incurred and paid in advance are not eligible for reimbursement under section
144A.611, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin On-site certified nursing assistant training program; eligibility. new text end

new text begin (a) Nursing
facilities may develop and conduct an on-site certified nursing assistant training program.
All nursing facilities are eligible to participate in the on-site certified nursing assistant
kickstarter program, except nursing facilities prohibited under the terms of a deficiency
statement or corrective action from conducting an on-site certified nursing assistant training
program must be granted a waiver by the commissioner of health.
new text end

new text begin (b) Nursing facilities may provide training through a Department of Health approved
in-house training program or through a Department of Health approved training site.
new text end

new text begin Subd. 4. new text end

new text begin Wages; recruitment bonus; retention bonus. new text end

new text begin A student participating in the
certified nursing assistant kickstarter program must receive from the nursing facility:
new text end

new text begin (1) a wage for the 75 hours of training equal to the wage established in section 177.24,
subdivision 1, paragraph (b), clause (1), item (iv);
new text end

new text begin (2) a recruitment bonus of $500 to be paid to the student upon completion of training;
and
new text end

new text begin (3) a retention bonus of $500 to be paid to the student after 12 months of continuous
employment with the nursing facility.
new text end

new text begin Subd. 5. new text end

new text begin Program participation; administration; provider rate calculations. new text end

new text begin (a)
Beginning October 1, 2019, and every October 1 thereafter, a nursing facility must submit
to the commissioner the number of students anticipated to be trained during the calendar
year beginning on January 1.
new text end

new text begin (b) Each nursing facility may request funding for training of up to 20 students per calendar
year. Nursing facility organizations that provide centralized training may request funding
for up to 20 students multiplied by the number of nursing facilities administered by the
organization.
new text end

new text begin (c) Unrelated nursing facilities may partner to provide training under this section.
new text end

new text begin (d) Any funding requested by a nursing facility that is not used for the purposes of this
section must be returned to the commissioner within 90 days after the end of the calendar
year in which the funding was received.
new text end

new text begin Subd. 6. new text end

new text begin Calculation of kickstarter rate. new text end

new text begin (a) A nursing facility's kickstarter rate equals:
new text end

new text begin (1) $2,500 multiplied by the number of students a nursing facility plans to train in a
calendar year, as reported to the commissioner;
new text end

new text begin (2) 365 multiplied by the number of active beds in the facility as of January 1 multiplied
by 0.85; and
new text end

new text begin (3) the result of clause (1) divided by the result of clause (2).
new text end

new text begin (b) The commissioner must allocate kickstarter funding provided to nursing facility
organizations with centralized training to each of the organization's nursing facilities based
on the percentage of students from each facility.
new text end

new text begin Subd. 7. new text end

new text begin Adult basic education costs. new text end

new text begin In addition to the costs specified in subdivision
2, the commissioner may reimburse a nursing facility for up to $300 per student for costs
related to additional adult basic education training intended to ensure successful completion
of an approved certified nursing assistant training program.
new text end

new text begin Subd. 8. new text end

new text begin Training program establishment; onetime payment. new text end

new text begin A nursing facility
without an in-house certified nursing assistant training program is eligible for an additional
onetime payment of $2,000 to establish a program.
new text end

Sec. 4. new text begin APPROPRIATION; CERTIFIED NURSING ASSISTANT TRAINING.
new text end

new text begin $2,000,000 in fiscal year 2020 and $2,000,000 in fiscal year 2021 are appropriated from
the general fund to the commissioner of human services for the purpose of providing grants
to medical assistance program enrolled elderly waiver programs providing customized living
or 24-hour customized living to fund certified nursing assistant training. In administering
this grant program, the commissioner shall use programmatic and funding criteria similar
to the requirements in Minnesota Statutes, section 256R.375.
new text end