Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 364-H.F.No. 904 
           An act relating to human services; requiring 
          notification to spouse of nursing home resident; 
          amending Minnesota Statutes 1986, section 256B.48, by 
          adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 256B.48, is 
amended by adding a subdivision to read: 
    Subd. 8.  [NOTIFICATION TO A SPOUSE.] When a private pay 
resident who has not yet been screened by the preadmission 
screening team is admitted to a nursing home or boarding care 
facility, the nursing home or boarding care facility must notify 
the resident and the resident's spouse of the following:  
    (1) their right to retain certain resources under section 
256B.14, subdivision 2, and section 256B.17; and 
    (2) that the federal Medicare hospital insurance benefits 
program covers post-hospital extended care services in a 
qualified skilled nursing facility for up to 100 days and that 
there are several limitations on this benefit.  The resident and 
the resident's family must be informed about all mechanisms to 
appeal limitations imposed under this federal benefit program.  
    This notice may be included in the nursing home's or 
boarding care facility's admission agreement and must clearly 
explain what resources the resident and spouse may retain if the 
resident applies for medical assistance.  The department of 
human services must notify nursing homes and boarding care 
facilities of changes in the determination of medical assistance 
eligibility that relate to resources retained by a resident and 
the resident's spouse. 
    The preadmission screening team has primary responsibility 
for informing all private pay applicants to a nursing home or 
boarding care facility of the resources the resident and spouse 
may retain. 
    Approved June 2, 1987