SF 3560

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2022 09:25am

A bill for an act
relating to human services; providing medical assistance coverage for swing bed
services provided in critical access hospitals; amending Minnesota Statutes 2020,
section 256B.0625, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 256B.0625, subdivision 2, is amended to read:

Subd. 2.

Skilled and intermediate nursing care.

(a) Medical assistance covers skilled
nursing home services and services of intermediate care facilities, including training and
habilitation services, as defined in section 252.41, subdivision 3, for persons with
developmental disabilities who are residing in intermediate care facilities for persons with
developmental disabilities. Medical assistance must not be used to pay the costs of nursing
care provided to a patient in a swing bed as defined in section 144.562, unless new text begin all of the
following conditions are met:
new text end

(1) the facility in which the swing bed is located is new text begin :
new text end

new text begin (i) new text end eligible as a sole community provider, as defined in Code of Federal Regulations,
title 42, section 412.92 deleted text begin , or the facility is deleted text end new text begin ;
new text end

new text begin (ii) new text end a public hospital owned by a governmental entity with 15 or fewer licensed acute
care beds; new text begin or
new text end

new text begin (iii) a hospital that the Centers for Medicare and Medicaid Services has both certified
as a critical access hospital and approved to provide post-hospital extended care services;
new text end

(2) the Centers for Medicare and Medicaid Services approves the necessary state plan
amendments;

(3) the patient was screened as provided by law;

(4) the patient no longer requires acute care services; and

(5) no nursing home beds are available within 25 miles of the facility.

new text begin (b) new text end The commissioner shall exempt a facility from compliance with the sole community
provider requirement in clause (1) if, as of January 1, 2004, the facility had an agreement
with the commissioner to provide medical assistance swing bed services.

deleted text begin (b) deleted text end new text begin (c) new text end Medical assistance also covers up to ten days of nursing care provided to a patient
in a swing bed if: (1) the patient's physician or advanced practice registered nurse certifies
that the patient has a terminal illness or condition that is likely to result in death within 30
days and that moving the patient would not be in the best interests of the patient and patient's
family; (2) no open nursing home beds are available within 25 miles of the facility; and (3)
no open beds are available in any Medicare hospice program within 50 miles of the facility.
The daily medical assistance payment for nursing care for the patient in the swing bed is
the statewide average medical assistance skilled nursing care per diem as computed annually
by the commissioner on July 1 of each year.