SF 3094

as introduced - 91st Legislature (2019 - 2020) Posted on 02/13/2020 03:39pm

A bill for an act
relating to veterans homes; modifying cost of care calculations; providing for
annual adjustments; amending Minnesota Statutes 2018, section 198.03,
subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2018, 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 July 1, 2020, to June 30, 2021, the personal
needs allowance shall not be less than $122 per month. For the period of July 1, 2021, to
June 30, 2022, the personal needs allowance shall not be less than $130 per month.
Thereafter, the minimum personal needs allowance must be adjusted by multiplying the
allowance by one-half of the percentage change of the Consumer Price Index on the first
day of each fiscal year.
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 2018, 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