Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 84-S.F.No. 435 
           An act relating to veterans; changing admissions, 
          discharge, and utilization review procedures for 
          veterans homes; granting rulemaking authority to the 
          veterans homes board; changing certain rights and 
          presumptions; amending Minnesota Statutes 1988, 
          sections 198.003; 198.007; 198.022; 198.03; and 
          198.32; proposing coding for new law in Minnesota 
          Statutes, chapter 198.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 198.003, is 
amended to read: 
    198.003 [POWERS AND DUTIES.] 
    (a) It is the duty of the board and the board has the power 
to: 
    (1) determine policy and, subject to chapter 14, adopt, 
amend, and repeal rules for the governance of the homes, and to 
adopt emergency rules necessary to implement this chapter; 
    (2) report quarterly to the governor on the management, 
operations, and quality of care provided at the homes; and 
    (3) take other action as provided by law.  
Emergency rules adopted under this section are not effective 
after December 31, 1989. 
    (b) The board may appoint a deputy commissioner who shall 
serve as secretary of the board. 
    Sec. 2.  Minnesota Statutes 1988, section 198.007, is 
amended to read: 
    198.007 [QUALITY ASSURANCE.] 
    The board shall create a utilization review committee for 
each home comprised of the appropriate professionals employed by 
or under contract to the home.  The committee shall use the 
case-mix system established under section 144.072 to assess the 
appropriateness and quality of care and services provided 
residents of the homes. 
    The board shall create an admissions committee for each 
home comprised of the appropriate professionals employed by or 
under contract to each home and adopt a preadmission screening 
program, such as the one established under section 256B.091, for 
all applicants for admission to the homes who may require 
nursing or boarding care, taking into account the eligibility 
requirements in section 198.022, the admissions criteria 
established by board rules, and the availability of space in the 
homes.  
    Sec. 3.  Minnesota Statutes 1988, section 198.022, is 
amended to read: 
    198.022 [ELIGIBILITY OF SPOUSES, SURVIVING SPOUSES, 
PARENTS.] 
    The board is authorized to admit eligible spouses of those 
veterans who are or if living would be, eligible for admission 
to the homes.  
    (1) Except as provided in section 198.03, all applicants 
for admission to one of the Minnesota veterans home homes must 
be without adequate means of support and unable by reason of 
wounds, disease, old age, or infirmity to properly maintain 
themselves.  
    (2) Veterans must have served in a Minnesota regiment or 
have been credited to the state of Minnesota, or have been a 
resident of the state preceding the date of application for 
admission.  
    (3) Spouses and surviving spouses of eligible veterans must 
be at least 55 years of age, and have been residents of the 
state of Minnesota preceding the date of application for 
admission, and meet the criteria for admission to a home 
established in the rules of the home in accordance with this 
chapter and the applicable statutes and rules of the department 
of health.  
    Sec. 4.  Minnesota Statutes 1988, section 198.03, is 
amended to read: 
    198.03 [MAINTENANCE CHARGES.] 
    Subdivision 1.  [DISCRETIONARY ADMISSION.] Any person 
otherwise eligible for admission to the Minnesota veterans 
homes, except that the person has means of support, may, at the 
discretion of the board, be admitted to one of the Minnesota 
veterans homes upon entering into and complying with the terms 
of a contract made by the person with the board, providing for 
reasonable compensation to be paid by such person to the state 
of Minnesota for care, support, and maintenance in the home.  
Any earnings derived by the person from participating in a work 
therapy program while the person is a resident of the home may 
not be considered a means of support. 
    Subd. 2.  [COST OF CARE.] The board shall set out in rules 
the method of calculating the average cost of care for the 
domiciliary and nursing care residents.  The cost must be 
determined yearly based upon the average cost per resident 
taking into account, but not limited to, administrative cost of 
the homes, the cost of service available to the resident, and 
food and lodging costs.  These average costs must be calculated 
separately for domiciliary and nursing care residents.  The 
amount charged each resident for maintenance, if anything, must 
be based on the appropriate average cost of care calculation and 
the assets and income of the resident but must not exceed the 
appropriate average cost of care. 
    Subd. 3.  [ARREARAGES.] Nothing in this section forgives a 
resident from paying overdue maintenance charges, with interest 
as provided in section 334.01, that accrued prior to the 
effective date of this section, and residents are liable for 
these arrearages.  If the resident pays a reasonable monthly 
amount on the arrearages, as determined by the home 
administrator, the resident must not be discharged from the home 
because of arrearages that accrued prior to the effective date 
of this section.  
    Sec. 5.  [198.045] [REMOVAL.] 
    If a resident who is ordered discharged from a home refuses 
to leave the home, the administrator of the home may apply to 
the district court for an order enforcing the administrative 
order of discharge.  The district court shall order the sheriff 
of the county in which the home is located to remove the 
resident from the home and authorize the administrator to remove 
the resident's property from the resident's room and hold it 
until it can be returned to the resident.  
    Sec. 6.  Minnesota Statutes 1988, section 198.32, is 
amended to read: 
    198.32 [VETERANS HOME; COMPLAINTS; RESIDENT'S RIGHTS.] 
    Subdivision 1.  [RESIDENT'S RIGHTS.] A resident of a 
Minnesota veterans home has the right to complain and otherwise 
exercise freedom of expression and assembly which is guaranteed 
by amendment I of the United States Constitution.  The 
administrator of the home shall inform each resident in writing 
at the time of admission of the right to complain to the 
administrator about home accommodations and services.  A notice 
of the right to complain shall be posted in the home.  The 
administrator shall also inform each resident of the right to 
complain to the board or to the commissioner of veterans affairs.
Each resident of a home shall be encouraged and assisted, 
throughout the period of stay in the home, to understand and 
exercise the rights of freedom of expression and assembly as a 
resident and as a citizen, and, to this end, the resident may 
voice grievances and recommend changes in policies and services 
to home staff, other residents, and outside representatives of 
the resident's choice, free from restraint, interference, 
coercion, discrimination, or reprisal, including retaliatory 
eviction.  A resident of a home may not be denied any tenant 
rights available under chapter 566, including the right to 
recover possession of the premises.  
    Subd. 2.  [RETALIATION PROHIBITED.] An administrator may 
not retaliate against any resident who exercises the right to 
voice grievances by evicting the resident.  There shall be a 
rebuttable presumption that any eviction within 45 days of the 
exercise by a resident of the right to voice grievances is 
retaliatory.  This presumption does not apply in favor of a 
resident who has failed to pay maintenance fees unless the 
resident pays the overdue fees.  
    Sec. 7.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Presented to the governor May 5, 1989 
    Signed by the governor May 9, 1989, 11:27 a.m.