Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 316-H.F.No. 1794
           An act relating to human services; extending the 
          deadline for permanent rules for nursing home 
          reimbursement under the medical assistance program; 
          amending Minnesota Statutes 1984, sections 144.072, 
          subdivision 2; and 256B.431, subdivision 6. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 144.072, 
subdivision 2, is amended to read: 
    Subd. 2.  [EXISTING PROCEDURES.] The policies and 
procedures, including survey forms, reporting forms, and other 
documents developed by the commissioner of health for the 
purpose of conducting the inspections of care required under 
Code of Federal Regulations, title 42, sections 456.600 to 
456.614, in effect on March 1, 1984, have the force and effect 
of law and shall remain in effect and govern inspections of care 
until June 30, 1986 1987, unless otherwise superseded by rules 
adopted by the commissioner of health. 
    Sec. 2.  Minnesota Statutes 1984, section 256B.431, 
subdivision 6, is amended to read: 
    Subd. 6.  [RULES.] The commissioners of health and human 
services shall adopt emergency rules necessary for the 
implementation and enforcement of the reimbursement system 
established in Laws 1984, chapter 641, sections 10 to 20.  The 
commissioner of health may adopt emergency rules relating to the 
licensure requirements of boarding care homes and nursing homes 
promulgated under sections 144.56 and 144A.08 if appropriate due 
to the changes in the reimbursement system.  Until June 30, 1986 
1987, any emergency rules adopted by the commissioner of health 
or the commissioner of human services under this section shall 
be adopted in accordance with the provisions contained in 
sections 14.29 to 14.36 in effect on March 1, 1984.  Emergency 
rules adopted under this subdivision have the force and effect 
of law and remain in effect until June 30, 1986 1987, unless 
otherwise superseded by rule.  The procedures for the adoption 
of the emergency rules authorized by this subdivision shall 
prevail over any other act that amends chapter 14 regardless of 
the date of final enactment of those amendments.  The rules 
shall be developed in consultation with the interagency board 
for quality assurance, provider groups and consumers and the 
board shall conduct public hearings as appropriate.  The 
commissioners of health and human services shall consider all 
comments received and shall not implement the emergency rules 
until a report on the proposed rules has been presented to the 
senate health and human services committee and the house of 
representatives health and welfare committee.  The rules are 
effective five days after publication in the State Register.  
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective the day following final 
enactment. 
    Approved March 5, 1986