SF 2846

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying contract requirements 
  1.3             for housing with services establishments; mandating a 
  1.4             study of senior housing with services settings; 
  1.5             amending Minnesota Statutes 1998, section 144D.04, 
  1.6             subdivisions 2, 3, and by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 144D.04, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 1a.  [DISCLOSURE PRIOR TO CONTRACT.] (a) Prior to 
  1.11  executing a contract with an applicant to a housing with 
  1.12  services establishment: 
  1.13     (1) the establishment shall request from the applicant 
  1.14  sufficient asset and income data to estimate the period of time 
  1.15  the applicant will be financially able to remain in the 
  1.16  establishment; and 
  1.17     (2) for applicants who voluntarily provide data, the 
  1.18  establishment shall provide in writing an estimate of this time 
  1.19  period. 
  1.20     (b) The estimate shall disclose the assumptions used, 
  1.21  including assumed interest earnings on assets; assumed growth 
  1.22  rate of applicant income; assumed inflation of establishment 
  1.23  costs; additional services expected to be purchased by the 
  1.24  applicant above those included in the base rate; and any other 
  1.25  assumptions that affect the estimate. 
  1.26     Sec. 2.  Minnesota Statutes 1998, section 144D.04, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  [CONTENTS OF CONTRACT.] An elderly housing with 
  2.3   services contract, which need not be entitled as such to comply 
  2.4   with this section, shall include at least the following elements 
  2.5   in itself or through supporting documents or attachments: 
  2.6      (1) name, street address, and mailing address of the 
  2.7   establishment; 
  2.8      (2) the name and mailing address of the owner or owners of 
  2.9   the establishment and, if the owner or owners is not a natural 
  2.10  person, identification of the type of business entity of the 
  2.11  owner or owners; 
  2.12     (3) the name and mailing address of the managing agent, 
  2.13  through management agreement or lease agreement, of the 
  2.14  establishment, if different from the owner or owners; 
  2.15     (4) the name and address of at least one natural person who 
  2.16  is authorized to accept service on behalf of the owner or owners 
  2.17  and managing agent; 
  2.18     (5) statement describing the registration and licensure 
  2.19  status of the establishment and any provider providing 
  2.20  health-related or supportive services under an arrangement with 
  2.21  the establishment; 
  2.22     (6) term of the contract; 
  2.23     (7) description of the services to be provided to the 
  2.24  resident in the base rate to be paid by resident; 
  2.25     (8) description of any additional services available for an 
  2.26  additional fee from the establishment directly or through 
  2.27  arrangements with the establishment; 
  2.28     (9) fee schedules outlining the cost of any additional 
  2.29  services; 
  2.30     (10) description of the process through which the contract 
  2.31  may be modified, amended, or terminated; 
  2.32     (11) description of the establishment's complaint 
  2.33  resolution process available to residents; 
  2.34     (12) the resident's designated representative, if any; 
  2.35     (13) the establishment's referral procedures if the 
  2.36  contract is terminated, including procedures for discharging 
  3.1   residents who: 
  3.2      (i) are unable to pay for establishment base charges or 
  3.3   additional fees; or 
  3.4      (ii) cannot continue to reside in the establishment because 
  3.5   of health needs that exceed the level of care provided in the 
  3.6   establishment; 
  3.7      (14) criteria used by the establishment to determine who 
  3.8   may continue to reside in the elderly housing with services 
  3.9   establishment, including criteria used to measure whether a 
  3.10  resident may not continue to reside in the establishment because 
  3.11  of: 
  3.12     (i) inability to afford establishment base charges or 
  3.13  additional fees; or 
  3.14     (ii) health needs that exceed the level of care provided in 
  3.15  the establishment; 
  3.16     (15) billing and payment procedures and requirements; 
  3.17     (16) statement regarding the ability of residents to 
  3.18  receive services from service providers with whom the 
  3.19  establishment does not have an arrangement; and 
  3.20     (17) statement regarding the availability of public funds 
  3.21  for payment for residence or services in the establishment. 
  3.22     Sec. 3.  Minnesota Statutes 1998, section 144D.04, 
  3.23  subdivision 3, is amended to read: 
  3.24     Subd. 3.  [CONTRACTS IN PERMANENT FILES.] Elderly housing 
  3.25  with services contracts and related documents executed by each 
  3.26  resident or resident's representative, including information 
  3.27  provided by applicants and estimates developed by establishments 
  3.28  under subdivision 1a, shall be maintained by the establishment 
  3.29  in files from the date of execution until three years after the 
  3.30  contract is terminated.  The contracts shall be made available 
  3.31  for on-site inspection by the commissioner upon request at any 
  3.32  time. 
  3.33     Sec. 4.  [ASSISTED LIVING STUDY.] 
  3.34     The legislative commission on health care access shall 
  3.35  contract for a study of senior housing with services settings, 
  3.36  including housing with services establishments registered under 
  4.1   Minnesota Statutes, chapter 144D; nursing homes licensed under 
  4.2   Minnesota Statutes, chapter 144A; and other settings that 
  4.3   provide both housing and services to seniors.  The study shall 
  4.4   be completed by January 15, 2001.  The study shall: 
  4.5      (1) analyze the current capacity of senior housing with 
  4.6   services settings, including number of beds and vacancy rates by 
  4.7   county for assisted living facilities, nursing facilities, and 
  4.8   other services settings; 
  4.9      (2) analyze facility charges by county; identify, if 
  4.10  possible, the range of costs in each system and the extent of 
  4.11  services included; determine the extent to which nursing 
  4.12  facilities compete with other service providers for customers 
  4.13  and the impact, if any, this competition has on costs; and 
  4.14  recommend whether facilities should be required to offer a 
  4.15  standardized list of services in order to facilitate comparison 
  4.16  shopping by consumers; 
  4.17     (3) quantify the extent of medical assistance and medical 
  4.18  assistance waiver funding for senior housing with services 
  4.19  settings, including the variety of funding options available; 
  4.20  analyze whether restrictive public funding for nonnursing 
  4.21  facility settings will eventually segregate low-income persons 
  4.22  in nursing homes and higher-income persons in other services 
  4.23  settings; and analyze the costs and benefits of creating a more 
  4.24  uniform funding policy in all services settings; 
  4.25     (4) address the issue of current and future governmental 
  4.26  oversight, with specific attention to the issues of: 
  4.27     (i) whether a moratorium on development of services 
  4.28  settings other than nursing facilities is necessary now or in 
  4.29  the future; 
  4.30     (ii) how the variety of settings are regulated and whether 
  4.31  the level of regulation in nonnursing facilities is reasonable 
  4.32  in comparison with the level of regulation in nursing 
  4.33  facilities; and 
  4.34     (iii) whether facilities other than nursing facilities 
  4.35  allow residents to "age in place" and whether the state should 
  4.36  encourage aging in place or require heavy care residents to seek 
  5.1   nursing facility care; and 
  5.2      (5) recommend options for future service system design, 
  5.3   including: 
  5.4      (i) an analysis of the trend toward early discharge of 
  5.5   hospital patients needing rehabilitation services into nursing 
  5.6   facilities and the impact on this trend of possible future 
  5.7   changes in the supply of facilities offering housing and 
  5.8   services to seniors; 
  5.9      (ii) projections of future bed needs in hospitals, nursing 
  5.10  facilities, assisted living facilities, and other senior housing 
  5.11  with services settings, given current usage trends and future 
  5.12  projections; 
  5.13     (iii) an analysis of the proper role of government in 
  5.14  facilitating or funding changes in this industry as it responds 
  5.15  to consumer preferences; and 
  5.16     (iv) recommendations on the proper role of government in 
  5.17  making decisions about the volume and location of providers, 
  5.18  including proposals to establish a role for counties to enforce 
  5.19  or review any location or volume parameters established by the 
  5.20  state.