SF 3218

as introduced - 89th Legislature (2015 - 2016) Posted on 04/08/2016 09:10am

A bill for an act
relating to health; modifying swing bed approval; amending Minnesota Statutes
2014, section 144.562, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 144.562, subdivision 2, is amended to read:

Subd. 2.

Eligibility for license condition.

(a) A hospital is not eligible to receive a
license condition for swing beds unless (1) it either has a licensed bed capacity of less
than 50 beds defined in the federal Medicare regulations, Code of Federal Regulations,
title 42, section 482.66, or it has a licensed bed capacity of 50 beds or more and has
swing beds that were approved for Medicare reimbursement before May 1, 1985, or it has
a licensed bed capacity of less than 65 beds and the available nursing homes within 50
miles have had, in the aggregate, an average occupancy rate of 96 percent or higher in
the most recent two years as documented on the statistical reports to the Department of
Health; and (2) it is located in a rural area as defined in the federal Medicare regulations,
Code of Federal Regulations, title 42, section 482.66.

(b) Except for those critical access hospitals established under section 144.1483,
clause (9), and section 1820 of the federal Social Security Act, United States Code, title
42, section 1395i-4, that have an attached nursing home or that owned a nursing home
located in the same municipality as of May 1, 2005, eligible hospitals are allowed a total
of 2,000 days of swing bed use per year. Critical access hospitals that have an attached
nursing home or that owned a nursing home located in the same municipality as of May 1,
2005, are allowed swing bed use as provided in federal law. new text begin Swing bed days classified
as charity care according to Minnesota Rules, part 4650.0115, or for which the hospital
determines after billing for the services that there is a demonstrated inability to pay are
excluded from the total allowable swing bed day use per year. Critical access hospitals
must maintain documentation for swing bed days classified as charity care.
new text end

(c) Except for critical access hospitals that have an attached nursing home or
that owned a nursing home located in the same municipality as of May 1, 2005, the
commissioner of health may approve swing bed use beyond 2,000 days as long as there
are no Medicare certified skilled nursing facility beds available within 25 miles of that
hospital that are willing to admit the patient. Critical access hospitals exceeding 2,000
swing bed days must maintain documentation that they have contacted skilled nursing
facilities within 25 miles to determine if any skilled nursing facility beds are available that
are willing to admit the patient. new text begin Skilled nursing facilities that are contacted must accept
the patient or deny admission within 24 hours of being contacted by the critical access
hospital. Failure to respond within 24 hours is deemed a denial of admission.
new text end

(d) After reaching 2,000 days of swing bed use in a year, an eligible hospital to
which this limit applies may admit six additional patients to swing beds each year without
seeking approval from the commissioner or being in violation of this subdivision. These
six swing bed admissions are exempt from the limit of 2,000 annual swing bed days
for hospitals subject to this limit.

(e) A health care system that is in full compliance with this subdivision may allocate
its total limit of swing bed days among the hospitals within the system deleted text begin , provided that no
hospital in the system without an attached nursing home may exceed 2,000 swing bed
days per year deleted text end .