SF 1962

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

A bill for an act
relating to human services; establishing a payment rate for a nursing facility
unit serving ventilator-dependent persons; amending Minnesota Statutes 2006, section 256B.431, subdivision 2e.

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

Section 1.

Minnesota Statutes 2006, section 256B.431, subdivision 2e, is amended to
read:

Subd. 2e.

Contracts for services for ventilator-dependent persons.

new text begin (a)
new text end 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.

new text begin (b) new text end 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.

new text begin (c) Effective July 1, 2007, the operating payment rate for residents determined
eligible under paragraph (a) in a unit of at least ten beds dedicated to the care of
ventilator-dependent persons in partnership with Mayo Health Systems at a nursing
facility in Waseca County that was licensed for 70 beds on February 7, 2007, shall be 300
percent of the geographic group III median RUG's rate for the RUG's with the highest
index. The rate in this paragraph shall take effect upon the opening of the unit.
new text end