SF 1979

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; creating a hospital
disproportionate population adjustment; designating
certified public expenditures; increasing the
surcharges on criminal and traffic offenders; amending
Minnesota Statutes 2004, sections 256.969, by adding a
subdivision; 357.021, subdivisions 6, 7; proposing
coding for new law in Minnesota Statutes, chapter 256B.

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

Section 1.

Minnesota Statutes 2004, section 256.969, is
amended by adding a subdivision to read:

new text begin Subd. 9c. new text end

new text begin Additional disproportionate population
adjustments. new text end

new text begin (a) The adjustment under this subdivision shall be
paid in addition to all other disproportionate population
adjustments provided by law to a hospital, excluding regional
treatment centers and facilities of the federal Indian Health
Service, with more than 250 medical assistance admissions in
2002. The adjustment must be determined as follows:
new text end

new text begin (1) for a hospital with a medical assistance inpatient
utilization rate in excess of 20 percent, the adjustment must be
determined by multiplying the total of the operating and
property payment rates by 30 percent; and
new text end

new text begin (2) for a hospital with a medical assistance inpatient
utilization rate less than or equal to 20 percent, the
adjustment must be determined by multiplying the total of the
operating and property payment rates by nine percent.
new text end

new text begin (b) The federal share of the adjustments under paragraph
(a), clause (1), and the adjustments under paragraph (a), clause
(2), shall be paid annually on July 1 for services to be
rendered in the fiscal year beginning on that day, based on
services rendered in the previous calendar year.
new text end

Sec. 2.

new text begin [256B.199] CERTIFIED PUBLIC EXPENDITURES.
new text end

new text begin Subdivision 1. new text end

new text begin Expenditures to be certified. new text end

new text begin The
following expenditures shall be certified by the nonstate
entities listed annually on July 1 as the nonfederal share of
the adjustments under section 256.969, subdivision 9c, paragraph
(a), clause (1):
new text end

new text begin (1) Hennepin County, $9,514,284;
new text end

new text begin (2) Ramsey County, $3,220,921;
new text end

new text begin (3) University of Minnesota, $4,716,921;
new text end

new text begin (4) Douglas County, $174,407; and
new text end

new text begin (5) Rice County Hospital District, $126,928.
new text end

new text begin Subd. 2. new text end

new text begin Adjustments permitted. new text end

new text begin (a) The commissioner may
adjust the certified amounts under subdivision 1 and the
payments under section 256.969, subdivision 9c, paragraph (a),
clause (1), based on the commissioner's determination of
Medicare upper payment limits, hospital-specific charge limits,
and hospital-specific limitations on disproportionate share
payments. Any adjustments must be made on a proportional
basis. The commissioner may make these adjustments only after
consultation with the nonstate entities identified in
subdivision 1.
new text end

new text begin (b) The ratio of disproportionate population adjustments
specified in section 256.969, subdivision 9c, paragraph (a),
clause (1), to the certification amounts specified in
subdivision 1 shall not be reduced. The commissioner may adjust
payments under section 256.969, subdivision 9c, paragraph (a),
clause (1), and certification amounts under subdivision 1 in
order to access the maximum disproportionate population
adjustments available under federal law.
new text end

new text begin (c) Each nonstate entity listed in paragraph (a) shall
report and certify expenditures eligible to be certified as
public expenditures for the purposes of this subdivision in a
manner prescribed by the commissioner.
new text end

Sec. 3.

Minnesota Statutes 2004, section 357.021,
subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) The court shall impose and the court administrator shall
collect a deleted text begin $60 deleted text end new text begin $70 new text end surcharge on every person convicted of any
felony, gross misdemeanor, misdemeanor, or petty misdemeanor
offense, other than a violation of a law or ordinance relating
to vehicle parking, for which there shall be a $3 surcharge. In
the Second Judicial District, the court shall impose, and the
court administrator shall collect, an additional $1 surcharge on
every person convicted of any felony, gross misdemeanor, or
petty misdemeanor offense, other than a violation of a law or
ordinance relating to vehicle parking, if the Ramsey County
Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is
sentenced to imprisonment or the sentence is stayed.

(b) If the court fails to impose a surcharge as required by
this subdivision, the court administrator shall show the
imposition of the surcharge, collect the surcharge and correct
the record.

(c) The court may not waive payment of the surcharge
required under this subdivision. Upon a showing of indigency or
undue hardship upon the convicted person or the convicted
person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.

(d) The court administrator or other entity collecting a
surcharge shall forward it to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment
and has not paid the surcharge before the term of imprisonment
begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work
performed in the facility or while on conditional release. The
chief executive officer shall forward the amount collected to
the commissioner of finance.

Sec. 4.

Minnesota Statutes 2004, section 357.021,
subdivision 7, is amended to read:

Subd. 7.

Disbursement of surcharges by commissioner of
finance.

(a) Except as provided in paragraphs (b), (c), and
(d), the commissioner of finance shall disburse surcharges
received under subdivision 6 and section 97A.065, subdivision 2,
as follows:

(1) one percent shall be credited to the game and fish fund
to provide peace officer training for employees of the
Department of Natural Resources who are licensed under sections
626.84 to 626.863, and who possess peace officer authority for
the purpose of enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers
training account in the special revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of finance shall credit $3 of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph
(a), the commissioner of finance shall credit deleted text begin $32 deleted text end new text begin $42 new text end of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, and the $3 parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes
imposition of the additional $1 surcharge provided for in
subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall withhold $1 from each surcharge
collected under subdivision 6. The court administrator must use
the withheld funds solely to fund the petty misdemeanor
diversion program administered by the Ramsey County Violations
Bureau. The court administrator must transfer any unencumbered
portion of the funds received under this subdivision to the
commissioner of finance for distribution according to paragraphs
(a) to (c).