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SF 679

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 08/24/2015 02:09pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; providing patients with specific notices; amending Minnesota
Statutes 2014, section 144D.06; proposing coding for new law in Minnesota
Statutes, chapter 144.

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

Section 1.

new text begin [144.586] REQUIREMENTS FOR CERTAIN NOTICES AND
DISCHARGE PLANNING.
new text end

new text begin Subdivision 1. new text end

new text begin Observation stay notice. new text end

new text begin (a) Within 24 hours of placing a patient
in observation status, a hospital, as defined under section 144.50, subdivision 2, must
provide oral and written notice to the patient that the hospital has done so. The oral and
written notices must include:
new text end

new text begin (1) a statement that the patient is not admitted to the hospital but is in observation
status;
new text end

new text begin (2) a statement that observation status may affect the patient's Medicare coverage for:
new text end

new text begin (i) hospital services, including medications and pharmaceutical supplies; or
new text end

new text begin (ii) home or community-based care or care at a skilled nursing facility upon the
patient's discharge; and
new text end

new text begin (3) a recommendation that the patient contact the patient's health insurance provider,
the Office of the Ombudsman for Long-Term Care, the Office of the Ombudsman for
State Managed Health Care Programs, or the Beneficiary and Family Centered Care
Quality Improvement Organization to better understand the implications of placement in
observation status.
new text end

new text begin (b) The hospital shall document the date and time in the patient's record that the
notice required in paragraph (a) was provided to the patient, the patient's designated
representative such as the patient's health care agent, legal guardian, conservator, or
another person acting as the patient's representative.
new text end

new text begin Subd. 2. new text end

new text begin Postacute care discharge planning. new text end

new text begin Each hospital, including hospitals
designated as critical access hospitals, must comply with the federal hospital requirements
for discharge planning that include, but may not be limited to:
new text end

new text begin (1) conducting a discharge planning evaluation that includes an evaluation of:
new text end

new text begin (i) the likelihood of the patient needing posthospital services and of the availability
of those services; and
new text end

new text begin (ii) the patient's capacity for self-care or the possibility of the patient being cared for
in the environment from which the patient entered the hospital;
new text end

new text begin (2) timely completion of the discharge planning evaluation under clause (1) by
hospital personnel so that appropriate arrangements for posthospital care are made before
discharge and unnecessary delays in discharge are avoided;
new text end

new text begin (3) including the discharge planning evaluation under clause (1) in the patient's
medical record for use in establishing an appropriate discharge plan. The hospital must
discuss the results of the evaluation with the patient or individual acting on behalf of the
patient. The hospital must reassess the patient's discharge plan if the hospital determines
that there are factors that may affect continuing care needs or the appropriateness of
the discharge plan; and
new text end

new text begin (4) providing counseling, as needed for the patient and family members or interested
person to prepare them for posthospital care. The hospital must provide a list of available
Medicare eligible home care agencies or skilled nursing facilities that serve the patient's
geographic area, or other area requested by the patient, if such care or placement is
indicated and appropriate. Once patients have designated their preferred providers, the
hospital will assist patients in securing care covered by their health plan or within their
care network. The hospital must not specify or otherwise limit the qualified providers
that are available to the patient.
new text end

new text begin The hospital must document in the patient's record that the list was presented to the
patient or to the individual acting on the patient's behalf.
new text end

Sec. 2.

Minnesota Statutes 2014, section 144D.06, is amended to read:


144D.06 OTHER LAWS.

new text begin In addition to registration under this chapter, new text end a housing with services establishment
new text begin must comply with chapter 504B and new text end shall obtain and maintain all other licenses, permits,
registrations, or other governmental approvals required of it deleted text begin in addition to registration
under this chapter. A housing with services establishment is subject to the provisions of
section 325F.72 and chapter 504B.
deleted text end new text begin with the following exceptions:
new text end

new text begin (1) a housing with services establishment with a special care unit under section
325F.72 is subject to the lodging requirements. By January 15, 2016, the commissioner
shall submit a report to the chairs and ranking minority members of the legislative
committees having jurisdiction over health and human services regarding any additional
regulation related to the physical plant of special care units necessary to protect residents
with dementia; and
new text end

new text begin (2) housing with services establishments and portions of the establishment's building
that are not subject to section 325F.72 are, beginning August 1, 2015, not subject to the
lodging license requirements under chapter 157 and related rules.
new text end