Minnesota Session Laws - 1991, Regular Session

  

                         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 may shall appoint a deputy commissioner an 
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 commissioner board 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 approval administrators 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 from Residents 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 
in according 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 by enters into an agreement, including 
a payment schedule, with the home administrator, the resident 
must not for 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 commissioner board 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 commissioner board at no cost.  
Contracts made by the commissioner board 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 
commissioner board in the unclassified service. 
    Presented to the governor April 15, 1991 
    Signed by the governor April 17, 1991, 3:00 p.m.