language to be deleted (2) new language
Laws of Minnesota 1991 CHAPTER 24-S.F.No. 611 An act relating to veterans; clarifying rulemaking authority of the veterans homes board; changing language concerning payment of arrearages by veterans home residents; correcting certain references; amending Minnesota Statutes 1990, sections 198.003; 198.005; 198.03, subdivision 3; and 198.35. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1990, 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. With respect to residents' administrative appeal time periods that are not established by statute, the board may create by rule reasonable time periods within which a resident must appeal an administrative determination to the next administrative level. If the determination is not appealed within the time set by rule, the determination becomes final; (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
mayshall appoint a deputy commissioneran executive director who shall serve as secretary of the board. Sec. 2. Minnesota Statutes 1990, section 198.005, is amended to read: 198.005 [ADMINISTRATORS.] If a deputy commissioner of veteran health care is appointed by the board,The deputy commissionerboard shall , with the approval of the board,appoint an administrator for each of the veterans homes. The administrators act as the administrative head for their respective veterans homes. The administrators shall have a current Minnesota nursing home administrator's license and shall serve in the unclassified service. The salaries of the administrators are not subject to section 43A.17, subdivision 1. The deputy commissioner may remove an administrator with the approvaladministrators serve at the pleasure of the board. If a deputy commissioner is not appointed by the board, the board shall appoint the administrators.Sec. 3. Minnesota Statutes 1990, section 198.03, subdivision 3, is amended to read: Subd. 3. [ARREARAGES.] Nothing in this section forgives a resident fromResidents are liable for paying all of their overdue maintenance charges , with. Overdue maintenance charges incurred after May 1, 1990, may be charged interest as provided inaccording to section 334.01 , that accrued prior to May 10, 1989, and residents are liable for these arrearages. A resident owing overdue maintenance to the state of Minnesota for charges incurred prior to May 1, 1990, may continue to stay in the home if the resident pays a reasonable monthly amount on the arrearages, as determined byenters into an agreement, including a payment schedule, with the homeadministrator , the resident must notfor the payment of the arrearage and abides by the agreement. Residents who do not promptly pay maintenance or who do not abide by their agreements to pay overdue maintenance to the state of Minnesota may be discharged from the home because of arrearages that accrued prior to May 10, 1989. The payment schedule agreed to between the administrator and the resident must provide for the prompt payment of the overdue maintenance owed by the resident, but it must not reduce the resident's personal needs allowance below that which is provided for in the administrative rules of the facility. Sec. 4. Minnesota Statutes 1990, section 198.35, is amended to read: 198.35 [VETERANS HOME; SILVER BAY.] Subdivision 1. [ESTABLISHMENT.] The commissionerboard may establish a veterans home in Silver Bay by renovating an existing facility owned by the city of Silver Bay if the city donates the building to the commissionerboard at no cost. Contracts made by the commissionerboard for the purposes of this subdivision are subject to chapter 16B. Buildings used for the veterans home must comply with requirements established by federal agencies as conditions for the receipt of federal funds for the nursing and boarding care of veterans. The city of Silver Bay shall secure the state match requirement from sources other than the state general fund. Money from other sources must equal at least 35 percent of the total cost of the renovation with the remainder of the funds to be provided by the United States Veterans Administration. Subd. 2. [OPERATION.] The home must provide beds for nursing or boarding and nursing care in conformance with licensing rules of the department of health. The home must be under the management of an administrator appointed by the commissionerboard in the unclassified service. Presented to the governor April 15, 1991 Signed by the governor April 17, 1991, 3:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes