SF 2699

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 09/04/2014 10:31am

A bill for an act
relating to veterans homes; modifying cost of care calculations; providing
for annual adjustments; amending Minnesota Statutes 2012, section 198.03,
subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2012, section 198.03, subdivision 2, is amended to read:

Subd. 2.

Cost of care.

new text begin (a) new text end The commissioner shall set out in rules the method of
calculating the average cost of care for the domiciliary and nursing care residents. The cost
must be determined yearly based upon the average cost per resident taking into account,
but not limited to, administrative cost of the homes, the cost of service available to the
resident, and food and lodging costs. These average costs must be calculated separately for
domiciliary and nursing care residents. The amount charged each resident for maintenance,
if anything, must be based on the appropriate average cost of care calculation and the
assets and income of the resident but must not exceed the appropriate average cost of care.

new text begin (b) Using the authority granted in section 198.003, the commissioner shall set out
in rules the method of calculating each domiciliary resident's maintenance charge. This
maintenance charge shall establish a personal needs allowance based on each domiciliary
resident's monthly income. For the period of January 1, 2015, to December 31, 2015, the
personal needs allowance shall not be less than $114 per month. The commissioner shall
recommend adjustments to the personal needs allowance as an item in the department's
biennial budget requests.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2012, section 198.03, subdivision 3, is amended to read:

Subd. 3.

Arrearages.

Residents are liable for paying all of their overdue
maintenance charges. Overdue maintenance charges incurred after May 1, 1990, may be
charged interest according to section 334.01. A resident owing overdue maintenance to
the state of Minnesota deleted text begin for charges incurred prior to May 1, 1990, deleted text end may continue to stay in
the home if the resident enters into an agreement, including a payment schedule, with the
administrator for the payment of the arrearage and abides by the agreement. Residents
who do not promptly pay maintenance or who do not abide by their agreements to pay
overdue maintenance to the state of Minnesota may be discharged from the home. The
payment schedule agreed to between the administrator and the resident must provide for
the prompt payment of the overdue maintenance owed by the resident, but it must not
reduce the resident's personal needs allowance below deleted text begin that which is provided for in the
administrative rules of the facility deleted text end new text begin the amount specified in subdivision 2 new text end .

new text begin EFFECTIVE DATE. new text end

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