SF 2204

as introduced - 87th Legislature (2011 - 2012) Posted on 06/21/2012 10:53am

A bill for an act
relating to human services; creating critical access nursing facility designation;
appropriating money; amending Minnesota Statutes 2010, section 256B.441, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 256B.441, is amended by adding a
subdivision to read:

new text begin Subd. 63. new text end

new text begin Critical access nursing facilities. new text end

new text begin (a) The commissioner, in consultation
with the commissioner of health, may designate certain nursing facilities as critical access
nursing facilities. The designation shall be granted on a competitive basis, within the
limits of funds appropriated for this purpose.
new text end

new text begin (b) The commissioner shall request proposals from nursing facilities every two years.
Proposals must be submitted in the form and according to the timelines established by
the commissioner. In selecting applicants to designate, the commissioner, in consultation
with the commissioner of health, and with input from stakeholders, shall develop criteria
designed to preserve access to nursing facility services in isolated areas, rebalance
long-term care, and improve quality.
new text end

new text begin (c) The commissioner shall allow the benefits in clauses (1) to (5) for nursing
facilities designated as critical access nursing facilities:
new text end

new text begin (1) partial rebasing, with operating payment rates being the sum of 60 percent of the
operating payment rate determined in accordance with subdivision 54 and 40 percent of the
operating payment rate that would have been allowed had the facility not been designated;
new text end

new text begin (2) enhanced payments for leave days. Notwithstanding section 256B.431,
subdivision 2r, upon designation as a critical access nursing facility, the commissioner
shall limit payment for leave days to 60 percent of that nursing facility's total payment rate
for the involved resident, and shall allow this payment only when the occupancy of the
nursing facility, inclusive of bed hold days, is equal to or greater than 90 percent;
new text end

new text begin (3) two designated critical access nursing facilities, with up to 100 beds in active
service, may jointly apply to the commissioner of health for a waiver of Minnesota
Rules, part 4658.0500, subpart 2, in order to jointly employ a director of nursing. The
commissioner of health will consider each waiver request independently based on the
criteria under Minnesota Rules, part 4658.0040;
new text end

new text begin (4) the minimum threshold under section 256B.431, subdivisions 3f, paragraph (a),
and 17e, shall be 40 percent of the amount that would otherwise apply; and
new text end

new text begin (5) notwithstanding subdivision 58, the quality-based rate limits under subdivision
50, and the removal of planned closure rate adjustments and single bed room incentives
from external fixed costs under subdivision 53, shall apply to designated critical access
nursing facilities.
new text end

new text begin (d) Designation of a critical access nursing facility shall be for a period of two
years, after which the benefits allowed under paragraph (c) shall be removed. Designated
facilities may apply for continued designation.
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 begin APPROPRIATION.
new text end

new text begin $2,000,000 is appropriated in fiscal year 2013 from the general fund to the
commissioner of human services for the purposes of critical access nursing facilities under
Minnesota Statutes, section 256B.441, subdivision 63. This appropriation is ongoing
and is added to the base.
new text end