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SF 3786

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2020 04:34pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; modifying the reimbursement methodology for
long-term care consultation services; amending Minnesota Statutes 2018, section
256B.0911, subdivision 6.

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

Section 1.

Minnesota Statutes 2018, section 256B.0911, subdivision 6, is amended to read:


Subd. 6.

Payment for long-term care consultation services.

(a) deleted text begin Until September 30,
2013, payment for long-term care consultation face-to-face assessment shall be made as
described in this subdivision.
deleted text end

deleted text begin (b) The total payment for each county must be paid monthly bydeleted text end Certified nursing facilities
new text begin shall contribute to the reimbursement to the counties in which they are located for long-term
care consultation activities
new text end in the county. The monthly amount to be deleted text begin paiddeleted text end new text begin contributednew text end by
each nursing facility for each fiscal year must be determined by dividing the county's annual
allocation for long-term care consultation services by 12 to determine the monthly deleted text begin paymentdeleted text end new text begin
contribution
new text end and allocating the monthly deleted text begin paymentdeleted text end new text begin allocationnew text end to each nursing facility based
on the number of licensed beds in the nursing facility. deleted text begin Paymentsdeleted text end new text begin Contributionsnew text end to new text begin the
reimbursement for
new text end counties in which there is no certified nursing facility must be made by
increasing the deleted text begin paymentdeleted text end new text begin contributionnew text end rate of the two facilities located nearest to the county
seat.

deleted text begin (c)deleted text end new text begin (b)new text end The commissioner shall include the total annual deleted text begin paymentdeleted text end new text begin contributionnew text end determined
under paragraph deleted text begin (b) fordeleted text end new text begin (a) innew text end each nursing deleted text begin facility reimburseddeleted text end new text begin facility's total payment ratenew text end
under section 256B.431 or 256B.434 or chapter 256R.

deleted text begin (d)deleted text end new text begin (c)new text end In the event of the layaway, delicensure and decertification, or removal from
layaway of 25 percent or more of the beds in a facility, the commissioner may adjust the
deleted text begin per diemdeleted text end new text begin totalnew text end payment deleted text begin amountdeleted text end new text begin ratenew text end in paragraph deleted text begin (c)deleted text end new text begin (b)new text end and may adjust the monthly deleted text begin paymentdeleted text end new text begin
contribution
new text end amount in paragraph deleted text begin (b)deleted text end new text begin (a)new text end . The effective date of an adjustment made under
this paragraph shall be on or after the first day of the month following the effective date of
the layaway, delicensure and decertification, or removal from layaway.

deleted text begin (e)deleted text end new text begin (d)new text end Payments for long-term care consultation services are available to the county or
counties to cover staff salaries and expenses to provide the services described in deleted text begin subdivisiondeleted text end new text begin
subdivisions
new text end 1anew text begin and 3new text end . The county shall employ, or contract with other agencies to employ,
within the limits of available funding, sufficient personnel to provide long-term care
consultation services while meeting the state's long-term care outcomes and objectives as
defined in subdivision 1. The county shall be accountable for meeting local objectives as
approved by the commissioner in the biennial home and community-based services quality
assurance plan on a form provided by the commissioner.new text begin The commissioner of human
services shall amend the Minnesota medical assistance plan to include reimbursement for
the local consultation teams.
new text end

deleted text begin (f)deleted text end new text begin (e)new text end Notwithstanding section 256B.0641, overpayments attributable to payment of the
screening costs under the medical assistance program may not be recovered from a facility.

deleted text begin (g) The commissioner of human services shall amend the Minnesota medical assistance
plan to include reimbursement for the local consultation teams.
deleted text end

deleted text begin (h) Until the alternative payment methodology in paragraph (i) is implemented, the
county may bill, as case management services, assessments, support planning, and
follow-along provided to persons determined to be eligible for case management under
Minnesota health care programs.
deleted text end No individual or family member shall be charged for an
initial assessment or initial support plan development provided under subdivision 3a or 3b.

deleted text begin (i)deleted text end new text begin (f)new text end The commissioner shall develop an alternative payment methodology, effective
on deleted text begin October 1, 2013deleted text end new text begin July 1, 2020new text end , for long-term care consultation services that includes the
funding available under this subdivision, and for assessments authorized under sections
256B.092 and 256B.0659. In developing the new payment methodology, the commissioner
shall consider the maximization of other funding sources, including federal administrative
reimbursement through federal financial participation funding, for all long-term care
consultation activity. The alternative payment methodology shall new text begin not new text end include the use of the
appropriate time studies deleted text begin and the state financing of nonfederal share as part of the state's
medical assistance program. Between July 1, 2017, and June 30, 2019, the state shall pay
84.3 percent of the nonfederal share as reimbursement to the counties. Beginning July 1,
2019,
deleted text end new text begin . Between July 1, 2020, and June 30, 2022, the alternative payment methodology shall
include a 15-minute unit rate at the developmental disability waiver case management rate.
Beginning July 1, 2022, the alternative payment methodology shall use a tiered flat rate for
each assessment by type of assessment. In developing the tiered flat rates, the commissioner
shall use available billing data from fiscal years 2021 and 2022.
new text end

new text begin (g) new text end The state shall pay 81.9 percent of the nonfederal share as reimbursement to the
counties.