SF 3662

as introduced - 90th Legislature (2017 - 2018) Posted on 03/22/2018 09:48am

A bill for an act
relating to health; changing provisions for independent dispute resolution for
certain facilities; amending Minnesota Statutes 2016, section 144A.10, subdivision
16.

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

Section 1.

Minnesota Statutes 2016, section 144A.10, subdivision 16, is amended to read:

Subd. 16.

Independent informal dispute resolution.

(a) Notwithstanding subdivision
15, a facility certified under the federal Medicare or Medicaid programs may request from
the commissioner, in writing, an independent informal dispute resolution process regarding
any new text begin federal new text end deficiency citation issued to the facility. The facility must specify in its written
request each deficiency citation that it disputes. The commissioner shall provide a hearing
under sections 14.57 to 14.62. Upon the written request of the facility, the parties must
submit the issues raised to deleted text begin arbitration deleted text end new text begin an independent informal dispute resolution proceeding
conducted new text end by an administrative law judge.

(b) Upon receipt of a written request for an deleted text begin arbitration deleted text end new text begin independent informal dispute
resolution new text end proceeding, the commissioner shall file with the Office of Administrative Hearings
a request for the appointment of an deleted text begin arbitrator deleted text end new text begin administrative law judge new text end and simultaneously
serve the facility with notice of the request. deleted text begin The arbitrator for the dispute shall be an
administrative law judge appointed by the Office of Administrative Hearings. The disclosure
provisions of section 572B.12 and the notice provisions of section 572B.15, subsection (c),
apply. deleted text end new text begin Upon receipt of a written request, the chief administrative law judge shall appoint
an administrative law judge to conduct an independent informal dispute resolution
proceeding. new text end The facility and the commissioner have the right to be represented by an attorney.

(c) new text begin The independent informal dispute resolution proceeding shall be conducted in
compliance with Code of Federal Regulations, title 42, section 488.331, federal State
Operations Manual Chapter 7, Survey and Enforcement Process for Skilled Nursing Facilities
and Nursing Facilities published by the Centers for Medicare and Medicaid Services, and
the applicable rules in Minnesota Rules, parts 1400.8505 to 1400.8612. The facility and the
commissioner have the right to be represented by an attorney, but legal representation is
not required and appearance without legal counsel shall not constitute the unauthorized
practice of law. The independent informal dispute resolution proceeding is not a formal,
evidentiary hearing. new text end The commissioner and the facility may present written evidence deleted text begin ,
depositions, deleted text end and oral statements and arguments at the deleted text begin arbitration deleted text end new text begin independent informal
dispute resolution new text end proceeding. Oral statements and arguments may be made by telephone new text begin
as allowed by the administrative law judge new text end .

new text begin (d) The independent informal dispute resolution proceeding shall be held within 60 days
of the commissioner's receipt of the facility's request for the proceeding.
new text end

new text begin (e) An independent informal dispute resolution proceeding shall be limited to the amount
of time necessary for the parties to expeditiously present the facts relevant to the cited
deficiencies and to demonstrate that the deficiencies should not have been cited.
new text end

new text begin (f) Findings can be challenged during independent informal dispute resolution proceedings
only as allowed by Code of Federal Regulations, title 42, section 488.331, and Chapter 7
of the most recent federal State Operations Manual published by the Centers for Medicare
and Medicaid Services.
new text end

deleted text begin (d) deleted text end new text begin (g) new text end Within deleted text begin ten deleted text end new text begin 20 new text end working days of the close of the deleted text begin arbitration deleted text end new text begin independent informal
dispute resolution new text end proceeding, the administrative law judge shall issue findings regarding
each of the deficiencies in dispute. new text begin The findings of the administrative law judge are not
binding on the commissioner. new text end The findings shall be one or more of the following:

(1) Supported in full. The citation is supported in full, with no deletion of findings and
no change in the scope or severity assigned to the deficiency citation.

(2) Supported in substance. The citation is supported, but one or more findings are
deleted without any change in the scope or severity assigned to the deficiency.

(3) Deficient practice cited under wrong requirement of participation. The citation is
amended by moving it to the correct requirement of participation.

(4) Scope not supported. The citation is amended through a change in the scope assigned
to the citation.

(5) Severity not supported. The citation is amended through a change in the severity
assigned to the citation.

(6) No deficient practice. The citation is deleted because the findings did not support
the citation or the negative resident outcome was unavoidable. deleted text begin The findings of the arbitrator
are not binding on the commissioner.
deleted text end

deleted text begin (e) deleted text end new text begin (h) new text end The commissioner shall reimburse the Office of Administrative Hearings for the
costs incurred by that office for the deleted text begin arbitration deleted text end new text begin independent informal dispute resolution new text end
proceeding. deleted text begin The facility shall reimburse the commissioner for the proportion of the costs
that represent the sum of deficiency citations supported in full under paragraph (d), clause
(1), or in substance under paragraph (d), clause (2), divided by the total number of
deficiencies disputed. A deficiency citation for which the administrative law judge's sole
finding is that the deficient practice was cited under the wrong requirements of participation
shall not be counted in the numerator or denominator in the calculation of the proportion
of costs.
deleted text end