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SF 5

as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/21/2020 09:10am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; requiring COVID-19-related screening programs in
certain long-term care settings; appropriating money.

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

Section 1. new text beginLONG-TERM CARE COVID-19-RELATED SCREENING PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Allowable costs" means costs associated with COVID-19-related testing services
incurred by a facility while implementing a COVID-19 screening program, provided the
testing products used have received Emergency Use Authorization under section 564 of the
federal Food, Drug, and Cosmetic Act.
new text end

new text begin (c) "COVID-19-related testing services" means any diagnostic product available for the
detection of SARS-CoV-2 or the diagnosis of COVID-19; any product available to determine
whether a person has developed a detectable antibody response to SARS-CoV-2 or had
COVID-19 in the past; specimen collection; specimen transportation; specimen testing; and
any associated services from a health care professional, clinic, or laboratory.
new text end

new text begin (d) "Facility" means a nursing home licensed under Minnesota Statutes, section 144A.02;
a housing with services establishment registered under Minnesota Statutes, section 144D.02,
and operating under title protection under Minnesota Statutes, section 144G.02; and a
housing with services establishment registered under Minnesota Statutes, section 144D.02,
and required to disclose special care status under Minnesota Statutes, section 325F.72.
new text end

new text begin (e) "Public health care program" means medical assistance under Minnesota Statutes,
chapter 256B, and Laws 2020, chapter 74, article 1, section 12; MinnesotaCare; Medicare;
and medical assistance for uninsured individuals under Laws 2020, chapter 74, article 1,
section 11.
new text end

new text begin Subd. 2. new text end

new text begin Testing program required. new text end

new text begin Each facility shall establish, implement, and
maintain a comprehensive COVID-19 infection control program according to the most
current SARS-CoV-2 testing guidance for nursing homes released by the United States
Centers for Disease Control and Prevention (CDC). A comprehensive COVID-19 infection
control program must include a COVID-19 screening program that requires baseline and
serial COVID-19 screening of all residents and staff. All staff considered health care workers
under the facility's tuberculosis screening program must be included in the facility's
COVID-19 screening program. The commissioner of health shall provide technical assistance
regarding implementation of the CDC guidance.
new text end

new text begin Subd. 3. new text end

new text begin Baseline screening grants. new text end

new text begin Within the limits of money specifically appropriated
to the commissioner of human services under section 2, paragraph (a), the commissioner
of human services shall make COVID-19 baseline screening grants to any facility that has
not completed COVID-19 baseline screening. The commissioner shall determine the amount
of each baseline screening grant.
new text end

new text begin Subd. 4. new text end

new text begin Serial screening reimbursement. new text end

new text begin (a) Within the limits of money specifically
appropriated to the commissioner of human services under section 2, paragraph (b), the
commissioner of human services shall reimburse each facility for the allowable costs of any
eligible COVID-19-related testing services upon submission by a facility of a
COVID-19-related testing services cost report.
new text end

new text begin (b) The commissioner of human services shall develop a COVID-19-related testing
services cost report.
new text end

new text begin (c) A facility must first seek reimbursement from the public health care program for
COVID-19-related testing services provided or made available to a resident covered by a
public health care program. A facility may only seek reimbursement under this section for
COVID-19-related testing services provided or made available to residents covered by a
public health care program after the public health care program denies the claim for the
testing services.
new text end

new text begin (d) A facility may submit a COVID-19-related testing services cost report once per
month. If the commissioner of human services determines that a facility is in financial crisis,
the facility may submit a cost report once every two weeks.
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. new text beginAPPROPRIATION; COVID-19 SCREENING PROGRAM.
new text end

new text begin (a) $....... in fiscal year 2021 is appropriated from the coronavirus relief fund to the
commissioner of human services for COVID-19 baseline screening grants under section 1,
subdivision 3. This is a onetime appropriation.
new text end

new text begin (b) $....... in fiscal year 2021 is appropriated from the coronavirus relief fund to the
commissioner of human services for cost-based reimbursement for COVID-19 serial
screening under section 1, subdivision 4. This is a onetime appropriation.
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