SF 2180

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

A bill for an act
relating to health; reducing the nursing home license
surcharge; amending Minnesota Statutes 2004, section
256.9657, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 256.9657,
subdivision 1, is amended to read:

Subdivision 1.

Nursing home license surcharge.

(a)
Effective July 1, 1993, each non-state-operated nursing home
licensed under chapter 144A shall pay to the commissioner an
annual surcharge according to the schedule in subdivision 4.
The surcharge shall be calculated as $620 per licensed bed. If
the number of licensed beds is reduced, the surcharge shall be
based on the number of remaining licensed beds the second month
following the receipt of timely notice by the commissioner of
human services that beds have been delicensed. The nursing home
must notify the commissioner of health in writing when beds are
delicensed. The commissioner of health must notify the
commissioner of human services within ten working days after
receiving written notification. If the notification is received
by the commissioner of human services by the 15th of the month,
the invoice for the second following month must be reduced to
recognize the delicensing of beds. Beds on layaway status
continue to be subject to the surcharge. The commissioner of
human services must acknowledge a medical care surcharge appeal
within 30 days of receipt of the written appeal from the
provider.

(b) Effective July 1, 1994, the surcharge in paragraph (a)
shall be increased to $625.

(c) Effective August 15, 2002, the surcharge under
paragraph (b) shall be increased to $990.

(d) Effective July 15, 2003, new text begin to June 15, 2005, new text end the
surcharge under paragraph (c) shall be increased to $2,815.

(e) The commissioner may reduce, and may subsequently
restore, the surcharge under paragraph (d) based on the
commissioner's determination of a permissible surcharge.

(f) Between April 1, 2002, and August 15, 2004, a facility
governed by this subdivision may elect to assume full
participation in the medical assistance program by agreeing to
comply with all of the requirements of the medical assistance
program, including the rate equalization law in section 256B.48,
subdivision 1, paragraph (a), and all other requirements
established in law or rule, and to begin intake of new medical
assistance recipients. Rates will be determined under Minnesota
Rules, parts 9549.0010 to 9549.0080. Notwithstanding section
256B.431, subdivision 27, paragraph (i), rate calculations will
be subject to limits as prescribed in rule and law. Other than
the adjustments in sections 256B.431, subdivisions 30 and 32;
256B.437, subdivision 3, paragraph (b), Minnesota Rules, part
9549.0057, and any other applicable legislation enacted prior to
the finalization of rates, facilities assuming full
participation in medical assistance under this paragraph are not
eligible for any rate adjustments until the July 1 following
their settle-up period.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end