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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1989 

                        CHAPTER 332-H.F.No. 723 
           An act relating to veterans; changing medical 
          assistance income and asset limitations for veterans 
          in community nursing homes to conform with those used 
          for the veterans nursing homes; authorizing the 
          commissioner of administration to conduct a study of 
          the need for additional veterans homes in the state; 
          establishing a veterans home in Luverne; appropriating 
          money; amending Minnesota Statutes 1988, section 
          256B.056, by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 256B.056, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [ASSET LIMITATIONS FOR VETERANS.] (a) 
Notwithstanding subdivision 3, the income and asset limitations 
for a veteran who is otherwise eligible for medical assistance 
are the income and asset limitations established by the board of 
directors of the Minnesota nursing homes for veterans applying 
for admission to a veterans home.  The provisions concerning 
transfers of property in section 256B.17 do not apply to a 
veteran.  For purposes of this subdivision, "veteran" has the 
meaning given in section 197.447. 
    (b) Paragraph (a) is effective only to the extent allowed 
by federal medical assistance laws and regulations and only if 
the federal health care financing agency approves the necessary 
amendments to the state medical assistance plan.  The 
commissioner shall seek waivers of federal requirements to the 
extent necessary to implement paragraph (a). 
    Sec. 2.  [VETERANS HOMES SITING STUDY.] 
    Subdivision 1.  [STUDY AUTHORIZED.] The commissioner of 
administration, in cooperation with the veterans home board of 
directors and the interagency board for quality assurance, must, 
by February 1, 1990, complete a study that will assist the 
legislature to determine: 
    (1) if additional veterans homes should be established in 
any health systems agencies regions of the state not currently 
served by a veterans home; and 
    (2) in which communities homes should be sited if the study 
determines additional homes are necessary. 
    Subd. 2.  [NEED FOR ADDITIONAL VETERANS HOMES.] In 
analyzing whether additional veterans homes should be 
established in the state, the study should consider the 
following factors: 
    (1) the number of veterans that are projected to need 
nursing home care in the state and in each health systems 
agencies region of the state; 
    (2) the availability and feasibility of other long-term 
care alternatives for veterans; 
    (3) the impact of additional veterans homes on existing 
community nursing homes; 
    (4) the availability of federal funding for construction 
and operation of additional veterans homes and the impact of 
other federal regulations; 
    (5) the overall cost to the state of a veterans home in 
each studied health systems agencies region; and 
    (6) the veterans home board of directors' long-term plan 
for veterans health care. 
    Based on these factors, the study shall recommend in which 
health systems agencies regions of the state, if any, not 
currently served by a veterans home, additional veterans homes 
should be established. 
    Subd. 3.  [ANALYSIS OF SITING ALTERNATIVES.] If the 
commissioner of administration recommends that additional 
veterans homes should be established in one or more health 
systems agencies regions of the state not currently serviced by 
a veterans nursing care facility, the study must analyze various 
potential sites for veterans homes based on the following 
factors: 
    (1) proximity to a veterans administration medical center; 
    (2) proximity to other medical services in the community; 
    (3) availability of staff to operate a home; 
    (4) construction costs; 
    (5) operating costs through the first full year of 
operation; 
    (6) local financial contributions toward construction costs 
through the first full year of operation; 
    (7) physical features of a site; 
    (8) the number of veterans needing nursing care in the 
area; and 
    (9) availability of shared services with state operated 
human services facilities. 
    The commissioner shall allow a local community in an 
affected health systems agencies region to submit a proposal for 
veterans nursing care facilities, unless the community is in 
region 2, 5, or 6.  No one of the factors listed in this 
subdivision may be an overriding factor in the analysis or 
recommendation of siting alternatives.  The study must 
recommend, in rank order within each affected health systems 
agencies region, sites for new veterans nursing care 
facilities.  Two or more contiguous health systems agencies 
regions may be combined for study and recommendation purposes.  
Previously studied communities in health systems agencies region 
3 must be included in this study. 
    Sec. 3.  [VETERANS HOME; LUVERNE.] 
    Subdivision 1.  The legislature has reviewed department of 
administration study and report of February 1989, and has 
determined that the Minnesota veterans home board shall 
establish a veterans nursing care facility in Luverne to provide 
at least 60 beds for skilled nursing care to health systems 
agencies region 6 in conformance with licensing rules of the 
department of health. 
    Subd. 2.  [FUNDING.] The home must be purchased and built 
with funds, 65 percent of which must be provided by the federal 
government, and 35 percent by other nonstate sources, including 
local units of government, veterans organizations, and 
corporations or other business entities.  Contracts made by the 
board for the purposes of this section are subject to chapter 
16B. 
    Subd. 3.  [LACK OF FEDERAL FUNDING.] If the funds to be 
provided by the federal government are not approved by December 
1, 1989, the future authorization of the siting of a veterans 
nursing care facility in Luverne must be considered in the study 
provided by section 3.  If the need for a veterans home is found 
to exist in southwest Minnesota, the site of the home must be in 
Luverne. 
    Sec. 4.  [APPROPRIATION.] 
    $200,000 is appropriated from the general fund to the 
commissioner of administration to conduct the study required by 
section 2. 
     Sec. 5.  [EFFECTIVE DATE.] 
     Sections 1 to 3 are effective the day following final 
enactment.  Section 4 is effective July 1, 1989. 
    Presented to the governor May 26 , 1989 
    Signed by the governor May 30, 1989, 11:57 a.m.