SF 3055

as introduced - 89th Legislature (2015 - 2016) Posted on 03/22/2016 09:39am

A bill for an act
relating to mental health; modifying criteria for determining clinical need for
hospitalization; decreasing the county share of cost for care; amending Minnesota
Statutes 2015 Supplement, section 246.54, subdivision 1.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 246.54, subdivision 1, is
amended to read:

Subdivision 1.

County portion for cost of care.

(a) Except for chemical
dependency services provided under sections 254B.01 to 254B.09, the client's county
shall pay to the state of Minnesota a portion of the cost of care provided in a regional
treatment center or a state nursing facility to a client legally settled in that county. A
county's payment shall be made from the county's own sources of revenue and payments
shall equal a percentage of the cost of care, as determined by the commissioner, for each
day, or the portion thereof, that the client spends at a regional treatment center or a state
nursing facility according to the following schedule:

(1) zero percent for the first 30 days;

(2) 20 percent for days 31 and over if the stay is determined to be clinically
appropriate for the client; and

(3) deleted text begin 100 deleted text end new text begin 50 new text end percent for each day during the stay, including the day of admission,
when the facility determines that it is clinically appropriate for the client to be discharged.

new text begin (b) For the purpose of determining clinical appropriateness as required in paragraph
(a), clause (3), the reviewer must (1) consult with the county case manager and (2)
consider the availability of appropriate community living and services. The information
must be documented in the client's file and considered by the reviewer when making the
final determination of whether it is clinically appropriate for the client to be discharged.
new text end

new text begin (c) The facility must notify the county when the determination has been made that
a client no longer meets the clinical criteria for hospitalization, and the county must
acknowledge receipt of this information. Upon notification by the facility, the county's
payment for cost of care will be assessed at the rate required in paragraph (a), clause (3).
new text end

deleted text begin (b) deleted text end new text begin (d) new text end If payments received by the state under sections 246.50 to 246.53 exceed 80
percent of the cost of care for days over 31 for clients who meet the criteria in paragraph
(a), clause (2), the county shall be responsible for paying the state only the remaining
amount. The county shall not be entitled to reimbursement from the client, the client's
estate, or from the client's relatives, except as provided in section 246.53.