Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 263-S.F.No. 1705
An act relating to legislative enactments; correcting
miscellaneous noncontroversial oversights,
inconsistencies, ambiguities, unintended results, and
technical errors; amending Minnesota Statutes 1994,
section 144A.071, subdivision 4a, as amended;
256B.0625, subdivision 13, as amended; 256B.0913,
subdivision 15, as added; 256B.0915, subdivision 3a,
as added; 256D.44, subdivision 3, as amended; and
323.02, subdivision 9, as amended; Laws 1995, chapter
68, section 14; Senate File 106, sections 16 and 142;
Senate File 1110, articles 2, section 40; 5, section
41; 6, sections 123 and 125; 7, section 8; and 10,
section 26; House File 1856, articles 2, section 22;
and 4, section 4, subdivision 5; and House File 1864,
article 6, section 2, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 323.02,
subdivision 9, as added by Laws 1995, chapter 128, section 11,
is amended to read:
Subd. 9. [FOREIGN LIMITED LIABILITY PARTNERSHIP.] "Foreign
limited liability partnership" means a general partnership
organized under laws other than the laws of this state with
status as a limited liability partnership in its home
jurisdiction.
Sec. 2. [CORRECTION 1.] Minnesota Statutes 1994, section
144A.071, subdivision 4a, as amended by 1995 S.F. No. 1110,
article 7, section 11, if enacted, is amended to read:
Sec. 11. Minnesota Statutes 1994, section 144A.071,
subdivision 4a, is amended to read:
Subd. 4a. [EXCEPTIONS FOR REPLACEMENT BEDS.] It is in the
best interest of the state to ensure that nursing homes and
boarding care homes continue to meet the physical plant
licensing and certification requirements by permitting certain
construction projects. Facilities should be maintained in
condition to satisfy the physical and emotional needs of
residents while allowing the state to maintain control over
nursing home expenditure growth.
The commissioner of health in coordination with the
commissioner of human services, may approve the renovation,
replacement, upgrading, or relocation of a nursing home or
boarding care home, under the following conditions:
(a) to license or certify beds in a new facility
constructed to replace a facility or to make repairs in an
existing facility that was destroyed or damaged after June 30,
1987, by fire, lightning, or other hazard provided:
(i) destruction was not caused by the intentional act of or
at the direction of a controlling person of the facility;
(ii) at the time the facility was destroyed or damaged the
controlling persons of the facility maintained insurance
coverage for the type of hazard that occurred in an amount that
a reasonable person would conclude was adequate;
(iii) the net proceeds from an insurance settlement for the
damages caused by the hazard are applied to the cost of the new
facility or repairs;
(iv) the new facility is constructed on the same site as
the destroyed facility or on another site subject to the
restrictions in section 144A.073, subdivision 5;
(v) the number of licensed and certified beds in the new
facility does not exceed the number of licensed and certified
beds in the destroyed facility; and
(vi) the commissioner determines that the replacement beds
are needed to prevent an inadequate supply of beds.
Project construction costs incurred for repairs authorized under
this clause shall not be considered in the dollar threshold
amount defined in subdivision 2;
(b) to license or certify beds that are moved from one
location to another within a nursing home facility, provided the
total costs of remodeling performed in conjunction with the
relocation of beds does not exceed 25 percent of the appraised
value of the facility or $500,000, whichever is less;
(c) to license or certify beds in a project recommended for
approval under section 144A.073;
(d) to license or certify beds that are moved from an
existing state nursing home to a different state facility,
provided there is no net increase in the number of state nursing
home beds;
(e) to certify and license as nursing home beds boarding
care beds in a certified boarding care facility if the beds meet
the standards for nursing home licensure, or in a facility that
was granted an exception to the moratorium under section
144A.073, and if the cost of any remodeling of the facility does
not exceed 25 percent of the appraised value of the facility or
$500,000, whichever is less. If boarding care beds are licensed
as nursing home beds, the number of boarding care beds in the
facility must not increase beyond the number remaining at the
time of the upgrade in licensure. The provisions contained in
section 144A.073 regarding the upgrading of the facilities do
not apply to facilities that satisfy these requirements;
(f) to license and certify up to 40 beds transferred from
an existing facility owned and operated by the Amherst H. Wilder
Foundation in the city of St. Paul to a new unit at the same
location as the existing facility that will serve persons with
Alzheimer's disease and other related disorders. The transfer
of beds may occur gradually or in stages, provided the total
number of beds transferred does not exceed 40. At the time of
licensure and certification of a bed or beds in the new unit,
the commissioner of health shall delicense and decertify the
same number of beds in the existing facility. As a condition of
receiving a license or certification under this clause, the
facility must make a written commitment to the commissioner of
human services that it will not seek to receive an increase in
its property-related payment rate as a result of the transfers
allowed under this paragraph;
(g) to license and certify nursing home beds to replace
currently licensed and certified boarding care beds which may be
located either in a remodeled or renovated boarding care or
nursing home facility or in a remodeled, renovated, newly
constructed, or replacement nursing home facility within the
identifiable complex of health care facilities in which the
currently licensed boarding care beds are presently located,
provided that the number of boarding care beds in the facility
or complex are decreased by the number to be licensed as nursing
home beds and further provided that, if the total costs of new
construction, replacement, remodeling, or renovation exceed ten
percent of the appraised value of the facility or $200,000,
whichever is less, the facility makes a written commitment to
the commissioner of human services that it will not seek to
receive an increase in its property-related payment rate by
reason of the new construction, replacement, remodeling, or
renovation. The provisions contained in section 144A.073
regarding the upgrading of facilities do not apply to facilities
that satisfy these requirements;
(h) to license as a nursing home and certify as a nursing
facility a facility that is licensed as a boarding care facility
but not certified under the medical assistance program, but only
if the commissioner of human services certifies to the
commissioner of health that licensing the facility as a nursing
home and certifying the facility as a nursing facility will
result in a net annual savings to the state general fund of
$200,000 or more;
(i) to certify, after September 30, 1992, and prior to July
1, 1993, existing nursing home beds in a facility that was
licensed and in operation prior to January 1, 1992;
(j) to license and certify new nursing home beds to replace
beds in a facility condemned as part of an economic
redevelopment plan in a city of the first class, provided the
new facility is located within one mile of the site of the old
facility. Operating and property costs for the new facility
must be determined and allowed under existing reimbursement
rules;
(k) to license and certify up to 20 new nursing home beds
in a community-operated hospital and attached convalescent and
nursing care facility with 40 beds on April 21, 1991, that
suspended operation of the hospital in April 1986. The
commissioner of human services shall provide the facility with
the same per diem property-related payment rate for each
additional licensed and certified bed as it will receive for its
existing 40 beds;
(l) to license or certify beds in renovation, replacement,
or upgrading projects as defined in section 144A.073,
subdivision 1, so long as the cumulative total costs of the
facility's remodeling projects do not exceed 25 percent of the
appraised value of the facility or $500,000, whichever is less;
(m) to license and certify beds that are moved from one
location to another for the purposes of converting up to five
four-bed wards to single or double occupancy rooms in a nursing
home that, as of January 1, 1993, was county-owned and had a
licensed capacity of 115 beds;
(n) to allow a facility that on April 16, 1993, was a
106-bed licensed and certified nursing facility located in
Minneapolis to layaway all of its licensed and certified nursing
home beds. These beds may be relicensed and recertified in a
newly-constructed teaching nursing home facility affiliated with
a teaching hospital upon approval by the legislature. The
proposal must be developed in consultation with the interagency
committee on long-term care planning. The beds on layaway
status shall have the same status as voluntarily delicensed and
decertified beds, except that beds on layaway status remain
subject to the surcharge in section 256.9657. This layaway
provision expires July 1, 1997;
(o) to allow a project which will be completed in
conjunction with an approved moratorium exception project for a
nursing home in southern Cass county and which is directly
related to that portion of the facility that must be repaired,
renovated, or replaced, to correct an emergency plumbing problem
for which a state correction order has been issued and which
must be corrected by August 31, 1993;
(p) to allow a facility that on April 16, 1993, was a
368-bed licensed and certified nursing facility located in
Minneapolis to layaway, upon 30 days prior written notice to the
commissioner, up to 30 of the facility's licensed and certified
beds by converting three-bed wards to single or double
occupancy. Beds on layaway status shall have the same status as
voluntarily delicensed and decertified beds except that beds on
layaway status remain subject to the surcharge in section
256.9657, remain subject to the license application and renewal
fees under section 144A.07 and shall be subject to a $100 per
bed reactivation fee. In addition, at any time within three
years of the effective date of the layaway, the beds on layaway
status may be:
(1) relicensed and recertified upon relocation and
reactivation of some or all of the beds to an existing licensed
and certified facility or facilities located in Pine River,
Brainerd, or International Falls; provided that the total
project construction costs related to the relocation of beds
from layaway status for any facility receiving relocated beds
may not exceed the dollar threshold provided in subdivision 2
unless the construction project has been approved through the
moratorium exception process under section 144A.073;
(2) relicensed and recertified, upon reactivation of some
or all of the beds within the facility which placed the beds in
layaway status, if the commissioner has determined a need for
the reactivation of the beds on layaway status.
The property-related payment rate of a facility placing
beds on layaway status must be adjusted by the incremental
change in its rental per diem after recalculating the rental per
diem as provided in section 256B.431, subdivision 3a, paragraph
(d). The property-related payment rate for a facility
relicensing and recertifying beds from layaway status must be
adjusted by the incremental change in its rental per diem after
recalculating its rental per diem using the number of beds after
the relicensing to establish the facility's capacity day
divisor, which shall be effective the first day of the month
following the month in which the relicensing and recertification
became effective. Any beds remaining on layaway status more
than three years after the date the layaway status became
effective must be removed from layaway status and immediately
delicensed and decertified;
(q) to license and certify beds in a renovation and
remodeling project to convert 13 three-bed wards into 13 two-bed
rooms and 13 single-bed rooms, expand space, and add
improvements in a nursing home that, as of January 1, 1994, met
the following conditions: the nursing home was located in
Ramsey county; was not owned by a hospital corporation; had a
licensed capacity of 64 beds; and had been ranked among the top
15 applicants by the 1993 moratorium exceptions advisory review
panel. The total project construction cost estimate for this
project must not exceed the cost estimate submitted in
connection with the 1993 moratorium exception process;
(r) to license and certify beds in a renovation and
remodeling project to convert 12 four-bed wards into 24 two-bed
rooms, expand space, and add improvements in a nursing home
that, as of January 1, 1994, met the following conditions: the
nursing home was located in Ramsey county; had a licensed
capacity of 154 beds; and had been ranked among the top 15
applicants by the 1993 moratorium exceptions advisory review
panel. The total project construction cost estimate for this
project must not exceed the cost estimate submitted in
connection with the 1993 moratorium exception process;
(s) to license and certify up to 117 beds that are
relocated from a licensed and certified 138-bed nursing facility
located in St. Paul to a hospital with 130 licensed hospital
beds located in South St. Paul, provided that the nursing
facility and hospital are owned by the same or a related
organization and that prior to the date the relocation is
completed the hospital ceases operation of its inpatient
hospital services at that hospital. After relocation, the
nursing facility's status under section 256B.431, subdivision 2
2j, shall be the same as it was prior to relocation. The
nursing facility's property-related payment rate resulting from
the project authorized in this paragraph shall become effective
no earlier than April 1, 1996. For purposes of calculating the
incremental change in the facility's rental per diem resulting
from this project, the allowable appraised value of the nursing
facility portion of the existing health care facility physical
plant prior to the renovation and relocation may not exceed
$2,490,000;
(t) to license and certify two beds in a facility to
replace beds that were voluntarily delicensed and decertified on
June 28, 1991;
(u) to allow 16 licensed and certified beds located on July
1, 1994, in a 142-bed nursing home and 21-bed boarding care home
facility in Minneapolis, notwithstanding the licensure and
certification after July 1, 1995, of the Minneapolis facility as
a 147-bed nursing home facility after completion of a
construction project approved in 1993 under section 144A.073, to
be laid away upon 30 days' prior written notice to the
commissioner. Beds on layaway status shall have the same status
as voluntarily delicensed or decertified beds except that they
shall remain subject to the surcharge in section 256.9657. The
16 beds on layaway status may be relicensed as nursing home beds
and recertified at any time within five years of the effective
date of the layaway upon relocation of some or all of the beds
to a licensed and certified facility located in Watertown,
provided that the total project construction costs related to
the relocation of beds from layaway status for the Watertown
facility may not exceed the dollar threshold provided in
subdivision 2 unless the construction project has been approved
through the moratorium exception process under section 144A.073.
The property-related payment rate of the facility placing
beds on layaway status must be adjusted by the incremental
change in its rental per diem after recalculating the rental per
diem as provided in section 256B.431, subdivision 3a, paragraph
(d). The property-related payment rate for the facility
relicensing and recertifying beds from layaway status must be
adjusted by the incremental change in its rental per diem after
recalculating its rental per diem using the number of beds after
the relicensing to establish the facility's capacity day
divisor, which shall be effective the first day of the month
following the month in which the relicensing and recertification
became effective. Any beds remaining on layaway status more
than five years after the date the layaway status became
effective must be removed from layaway status and immediately
delicensed and decertified; or
(v) to license and certify beds that are moved within an
existing area of a facility or to a newly-constructed addition
which is built for the purpose of eliminating three- and
four-bed rooms and adding space for dining, lounge areas,
bathing rooms, and ancillary service areas in a nursing home
that, as of January 1, 1995, was located in Fridley and had a
licensed capacity of 129 beds.
Sec. 3. [CORRECTION 2.] 1995 S.F. No. 1110, article 2,
section 40, if enacted, is amended to read:
Sec. 40. [EFFECTIVE DATES.]
Subdivision 1. Sections 5 (245A.03, subdivision 2a), 6
(245A.035, subdivisions 1 to 6), 7 to 10 (245A.04, subdivisions
3, 3b, 7, and 9), 11 to 13 (245A.06, subdivisions 2, 4, and 7),
14 (245A.07, subdivision 3), and 20 (245A.14, subdivision 6),
are effective the day following final enactment.
Subd. 2. Under Minnesota Statutes, section 645.023,
subdivision 1, clause (a), section 32 37, takes effect, without
local approval, the day following final enactment.
Sec. 4. [CORRECTION 3.] Minnesota Statutes 1994, section
256D.44, subdivision 3, as amended by S.F. No. 1110, if enacted,
is amended to read:
Subd. 3. [STANDARD OF ASSISTANCE FOR BASIC NEEDS.] Except
as provided in subdivision 4, the monthly state standard of
assistance for basic needs is as follows:
(a) If an applicant or recipient does not reside with
another person or persons, the state standard of assistance is
$519.
(b) If an applicant married couple or recipient married
couple who live together, does not reside with others, the state
standard of assistance is $778.
(c) If an applicant or recipient resides with another
person or persons, the state standard of assistance is $395.
(d) If an applicant married couple or recipient married
couple who live together, resides with others, the state
standard of assistance is $519.
(e) Married couples, living together who do not reside with
others and were receiving MSA prior to January 1, 1994, and
whose eligibility has not been terminated a full calendar month,
the state standard of assistance is $793.
(f) Married couples living together who reside with others
and were receiving MSA prior to January 1, 1994, and whose
eligibility has not been terminated a full calendar month, the
state standard of assistance is $682 $782.
(g) For an individual who is a resident of a nursing home,
a regional treatment center or a group residential housing
facility, the state standard of assistance is the personal needs
allowance for medical assistance recipients under section
256B.35.
Sec. 5. [CORRECTION 4.] 1995 S.F. No. 1110, article 5,
section 41, if enacted, is amended to read:
Sec. 41. [EFFECTIVE DATES.]
Section 31 (256I.04, subdivision 3), the amendment to
section 256I.04, subdivision 3, paragraph (a), clause (5), is
effective July 1, 1996.
Sec. 6. [CORRECTION 5.] 1995 S.F. No. 1110, article 6,
section 125, if enacted, is amended to read:
Sec. 125. [EFFECTIVE DATE.]
Subdivision 1. Sections 79 and 80, the amendments to
section 256B.15, subdivisions 1a and 2, relating only to the age
of a medical assistance recipient for purposes of estate claims,
are effective for persons who are between the ages of 55 and 64
on or after July 1, 1995, for the total amount of medical
assistance rendered on or after July 1, 1995.
Subd. 2. Sections 34 to 37, section 256B.0595,
subdivisions 1, 2, 3, and 4, are effective retroactive to August
11, 1993, except that portion amending subdivision 2, paragraph
(c), is effective retroactive to transfers of income or assets
made on or after September 1, 1994.
Subd. 3. Sections 28, 108, and 109, sections 256B.056,
subdivision 3b, and 501B.89, subdivisions 1 and 3, are effective
retroactive to August 11, 1993.
Subd. 4. Sections 14, 49, 84, and 86, sections 256.9657,
subdivision 3, 256B.0625, subdivision 38, 256B.19, subdivision
1d, and 256B.431, subdivision 23, are effective the day
following final enactment.
Subd. 5. Section 30, the amendment to section 256B.0575,
paragraph (a), clause (5), is effective retroactive to January
1, 1994.
Subd. 6. Section 91, the amendment to section 256B.69,
subdivision 4, requiring children eligible for medical
assistance under section 256B.055, subdivision 12, to
participate in managed care, is effective July 1, 1996.
Subd. 7. Section 96, the amendment to section 256B.69,
subdivision 6, expanding services under managed care to include
home care services and personal care assistant services for
certain recipients, is effective July 1, 1996.
Subd. 8. Section 48, section 256B.0625, subdivision 19a,
is effective July 1, 1996.
Subd. 9. Section 52, section 256B.0627, subdivision 1,
paragraph (c), is effective January 1, 1996; paragraph (d) is
effective January 1, 1996, except the deletions relating to
responsible party are effective July 1, 1996; and the stricken
paragraph (d), the deletion of the definition of responsible
party, is effective July 1, 1996.
Subd. 10. Section 53, section 256B.0627, subdivision 2,
clause (6), is effective January 1, 1996.
Subd. 11. Section 54, section 256B.0627, subdivision 4,
paragraph (a), is effective July 1, 1996; and paragraph (b),
clauses (2) and (3), are effective January 1, 1996; and the
stricken language in clause (1) and the stricken language in the
stricken clause (4), are effective July 1, 1996.
Subd. 12. Section 55, section 256B.0627, subdivision 5,
paragraph (a), clause (2), is effective January 1, 1996;
paragraph (d) is effective January 1, 1996; paragraph (e),
clause (2)(i), the new language relating to the registered nurse
supervision is effective January 1, 1996; paragraph (e), clause
(2)(i)A, B, C, D, and E, are effective July 1, 1996; paragraph
(e), clause (2)(ii), is effective July 1, 1996; paragraph (e),
clause (2)(iii), the new language relating to county public
health nurse, is effective January 1, 1996, and the stricken
language relating to the seizure activity provision, is
effective July 1, 1996; paragraph (e), clause (2), the language
striking items (v) to (viii), is effective July 1, 1996;
paragraph (h), is effective January 1, 1996; and paragraph (i),
clause (2), the stricken language relating to the foster care
license holder, and the language in the stricken clause (3)
relating to the responsible party, is effective July 1, 1996.
Sec. 7. [CORRECTION 6.] 1995 S.F. No. 1110, article 10,
section 26, if enacted, is amended to read:
Sec. 26. [EFFECTIVE DATE.]
Sections 1 to 6 4 and 14 to 19 (62A.045; 62A.046; 62A.048;
62A.27; 256.74, subdivision 6; 256.76, subdivision 1; 257.69,
subdivision 2; 518.171, subdivisions 1, 3, 4, 5, and 7) are
effective retroactive to August 10, 1993.
Sec. 8. [CORRECTION 7.] Minnesota Statutes 1994, section
256B.0913, subdivision 15a, as added by S.F. No. 1110, if
enacted, is amended to read:
Subd. 15a. [REIMBURSEMENT RATE; ANOKA COUNTY.]
Notwithstanding subdivision 14, paragraph (e), or any other law
to the contrary, for services rendered on or after January 1,
1996, Anoka county may pay vendors, and the commissioner shall
reimburse the county, for actual costs up to a limit which is
the maximum rate in effect on December 31, 1995, plus half the
difference between that rate and the maximum allowed state rate
for home health aide and homemaker services.
Sec. 9. [CORRECTION 8.] Minnesota Statutes 1994, section
256B.0915, subdivision 3a, as added by 1995 S.F. No. 1110, if
enacted, is amended to read:
Subd. 3a. [REIMBURSEMENT RATE; ANOKA COUNTY.]
Notwithstanding subdivision 3, paragraph (h), or any other law
to the contrary, for services rendered on or after January 1,
1996, Anoka county may pay vendors, and the commissioner shall
reimburse the county, for actual costs up to a limit which is
the maximum rate in effect on December 31, 1995, plus half the
difference between that rate and the maximum allowed state rate
for home health aide and homemaker services.
Sec. 10. [CORRECTION 11.] Minnesota Statutes 1994, section
256B.0625, subdivision 13, as amended by 1995 S.F. No. 1110, if
enacted, is amended to read:
Subd. 13. [DRUGS.] (a) Medical assistance covers drugs if
prescribed by a licensed practitioner and dispensed by a
licensed pharmacist, by a physician enrolled in the medical
assistance program as a dispensing physician, or by a physician
or a nurse practitioner employed by or under contract with a
community health board as defined in section 145A.02,
subdivision 5, for the purposes of communicable disease
control. The commissioner, after receiving recommendations from
professional medical associations and professional pharmacist
associations, shall designate a formulary committee to advise
the commissioner on the names of drugs for which payment is
made, recommend a system for reimbursing providers on a set fee
or charge basis rather than the present system, and develop
methods encouraging use of generic drugs when they are less
expensive and equally effective as trademark drugs. The
formulary committee shall consist of nine members, four of whom
shall be physicians who are not employed by the department of
human services, and a majority of whose practice is for persons
paying privately or through health insurance, three of whom
shall be pharmacists who are not employed by the department of
human services, and a majority of whose practice is for persons
paying privately or through health insurance, a consumer
representative, and a nursing home representative. Committee
members shall serve three-year terms and shall serve without
compensation. Members may be reappointed once.
(b) The commissioner shall establish a drug formulary. Its
establishment and publication shall not be subject to the
requirements of the administrative procedure act, but the
formulary committee shall review and comment on the formulary
contents. The formulary committee shall review and recommend
drugs which require prior authorization. The formulary
committee may recommend drugs for prior authorization directly
to the commissioner, as long as opportunity for public input is
provided. Prior authorization may be requested by the
commissioner based on medical and clinical criteria before
certain drugs are eligible for payment. Before a drug may be
considered for prior authorization at the request of the
commissioner:
(1) the drug formulary committee must develop criteria to
be used for identifying drugs; the development of these criteria
is not subject to the requirements of chapter 14, but the
formulary committee shall provide opportunity for public input
in developing criteria;
(2) the drug formulary committee must hold a public forum
and receive public comment for an additional 15 days; and
(3) the commissioner must provide information to the
formulary committee on the impact that placing the drug on prior
authorization will have on the quality of patient care and
information regarding whether the drug is subject to clinical
abuse or misuse. Prior authorization may be required by the
commissioner before certain formulary drugs are eligible for
payment. The formulary shall not include:
(i) drugs or products for which there is no federal
funding;
(ii) over-the-counter drugs, except for antacids,
acetaminophen, family planning products, aspirin, insulin,
products for the treatment of lice, vitamins for adults with
documented vitamin deficiencies, and vitamins for children under
the age of seven and pregnant or nursing women;
(iii) any other over-the-counter drug identified by the
commissioner, in consultation with the drug formulary committee,
as necessary, appropriate, and cost-effective for the treatment
of certain specified chronic diseases, conditions or disorders,
and this determination shall not be subject to the requirements
of chapter 14;
(iv) anorectics; and
(v) drugs for which medical value has not been established.
The commissioner shall publish conditions for prohibiting
payment for specific drugs after considering the formulary
committee's recommendations.
(c) The basis for determining the amount of payment shall
be the lower of the actual acquisition costs of the drugs plus a
fixed dispensing fee; the maximum allowable cost set by the
federal government or by the commissioner plus the fixed
dispensing fee; or the usual and customary price charged to the
public. The pharmacy dispensing fee shall be $3.85. Actual
acquisition cost includes quantity and other special discounts
except time and cash discounts. The actual acquisition cost of
a drug shall be estimated by the commissioner, at average
wholesale price minus nine percent effective January 1, 1994.
The maximum allowable cost of a multisource drug may be set by
the commissioner and it shall be comparable to, but no higher
than, the maximum amount paid by other third-party payors in
this state who have maximum allowable cost programs.
Establishment of the amount of payment for drugs shall not be
subject to the requirements of the administrative procedure
act. An additional dispensing fee of $.30 may be added to the
dispensing fee paid to pharmacists for legend drug prescriptions
dispensed to residents of long-term care facilities when a unit
dose blister card system, approved by the department, is used.
Under this type of dispensing system, the pharmacist must
dispense a 30-day supply of drug. The National Drug Code (NDC)
from the drug container used to fill the blister card must be
identified on the claim to the department. The unit dose
blister card containing the drug must meet the packaging
standards set forth in Minnesota Rules, part 6800.2700, that
govern the return of unused drugs to the pharmacy for reuse.
The pharmacy provider will be required to credit the department
for the actual acquisition cost of all unused drugs that are
eligible for reuse. Over-the-counter medications must be
dispensed in the manufacturer's unopened package. The
commissioner may permit the drug clozapine to be dispensed in a
quantity that is less than a 30-day supply. Whenever a
generically equivalent product is available, payment shall be on
the basis of the actual acquisition cost of the generic drug,
unless the prescriber specifically indicates "dispense as
written - brand necessary" on the prescription as required by
section 151.21, subdivision 2.
Sec. 11. [CORRECTION 12.] 1995 S.F. No. 1110, article 6,
section 123, if enacted, is amended to read:
Sec. 123. [TEFRA MANAGED CARE ADVISORY COMMITTEE AND
PROGRESS REPORT.]
Subdivision 1. [ADVISORY COMMITTEE.] The commissioner
shall appoint an advisory committee to assist with the
development of managed care for children eligible for medical
assistance under Minnesota Statutes, section 256B.055,
subdivision 12. The advisory committee shall include
representatives of parents, advocates, health plan companies,
health care providers serving the children, counties, and other
other interested persons.
Subd. 2. [PROGRESS REPORT.] The commission commissioner
shall report to the legislature by December 15, 1995, regarding
progress toward implementing managed care. The report shall
make recommendations regarding the following: any law changes
needed for effective implementation; how to coordinate with
other insurance coverage the families may have; how managed care
plans would operate as to varying coverage; what services would
be available, including any gaps under managed care plans; and
whether going to managed care results in cost savings to the
state. The report shall also provide information by county and
major diagnoses of children found eligible and ineligible for
TEFRA, the services and amounts paid by the medical assistance
program, name of health insurance plan, family income, and total
number of TEFRA eligible children in each county.
Sec. 12. [CORRECTION 15.] 1995 S.F. No. 106, section 142,
if enacted, is amended to read:
Sec. 142. [EFFECTIVE DATES.]
Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117,
and 141, paragraph (d), are effective the day following final
enactment.
Sections 114, 115, 118, and 121 are effective January 1,
1996.
Sections 119, 120, and 141, paragraph (c), are effective
July 1, 1996.
Section 141, paragraph (b), is effective June 30, 1999.
Sections 58 and 66 are effective retroactively to August 1,
1991.
Sec. 13. [CORRECTION 16.] 1995 S.F. No. 106, section 16,
if enacted, is amended to read:
Sec. 16. PUBLIC SAFETY 50,000
$50,000 is appropriated from the
highway user tax distribution fund to
the commissioner of public safety for
costs of handling and manufacturing
special license plates under section 85
112.
Sec. 14. [CORRECTION 18.] 1995 S.F. No. 1110, article 7,
section 8, if enacted, is amended to read:
Sec. 8. [144.6505] [SUBACUTE CARE WAIVERS.]
Subdivision 1. [SUBACUTE CARE; WAIVER FROM STATE AND
FEDERAL RULES AND REGULATIONS.] The commissioners of health and
human services shall work with providers to examine state and
federal rules and regulations governing the provision of care in
nursing facilities and apply for federal waivers and pursue
state law changes to any impediments to the provision of
subacute care in skilled nursing facilities.
Subd. 2. [DEFINITION OF SUBACUTE CARE.] (a) For the
purpose of this section, "subacute care" means comprehensive
inpatient care, as further defined in this subdivision, designed
for persons who:
(1) have or have had an acute illness or accident, or an
acute exacerbation of a chronic illness, and who require a
moderate level of service intensity;
(2) do not require, or no longer require, technologically
intensive diagnosis or management;
(3) have concurrent medical, nursing, and discharge and/or
nondischarge oriented rehabilitation objectives that are
expected to be achieved within a specified time; and
(4) require interdisciplinary management.
(b) Subacute care includes goal-oriented treatment rendered
immediately after, or as an appropriate alternative to, acute
hospitalization with the goal of transitioning patients towards
increased independence or lower acuity level in a cost-effective
environment, to treat one or more specific active complex
medical conditions or to administer one or more technically
complex treatments, in the context of a patient's underlying
long-term conditions and overall situation.
(c) Subacute care does not generally depend heavily on high
technology monitoring or complex diagnostic procedures.
(d) Subacute care requires the coordinated services of an
interdisciplinary team including physicians, nurses, and other
relevant professional disciplines, who are trained and
knowledgeable to assess and manage these specific conditions and
perform the necessary procedures.
(e) Subacute care is provided as part of a specifically
defined program.
(f) Subacute care includes more intensive care than
traditional nursing facility care and less intensive care than
acute care and may be provided at a variety of sites, including
hospitals and skilled nursing facilities.
(g) Subacute care requires recurrent patient assessment on
a daily to weekly basis and review of the clinical course and
treatment plan for a limited time period ranging from several
days to several months, until the condition is stabilized or a
predetermined treatment course is completed.
Sec. 15. [CORRECTION 19.] 1995 H.F. No. 1864, article 6,
section 2, subdivision 1, if enacted, is amended to read:
Subdivision 1. [AUTHORIZATION.] The commissioner of
finance, upon request of the governor, is authorized to sell and
issue state bonds to fund the judgment rendered against the
state by the Minnesota supreme court in Cambridge State Bank et.
al. v. James, 514 N.W. 2d 565, on April 1, 1994, and related
claims, and interest accrued thereon on the judgment and related
claims, to fund any bond reserve determined to be necessary, and
to pay costs of issuance of the bonds. The proceeds of the
bonds are appropriated for these purposes. The principal amount
of the bonds shall not exceed $400,000,000. The bonds shall be
sold and issued upon such terms and in such manner as the
commissioner shall determine to be in the best interests of the
state. The final maturity of the bonds shall be not later than
June 30, 2005.
Sec. 16. [CORRECTION 13.] 1995 H.F. No. 1856, article 2,
section 22, if enacted, is amended to read:
Sec. 22. [REPEALER.]
Minnesota Statutes 1994, sections 136A.16, subdivision 11;
137.31, subdivision 6; 137.35, subdivision 4; and
137.38, subdivision 5, are repealed.
Sec. 17. [CORRECTION 13.] 1995 H.F. No. 1856, article 4,
section 4, subdivision 5, if enacted, is amended to read:
Subd. 5. [BOARD ACTION.] In accordance with the principles
in this section 136F.011, the board shall review the proposed
structure of the system office with the objective of further
reducing or eliminating those functions that are unnecessary.
Savings that occur shall be redirected to support instruction on
the campuses.
Sec. 18. [CORRECTION 17.] Laws 1995, chapter 68, section
14, is amended to read:
Sec. 14. [EFFECTIVE DATE.]
Sections 1 to 8 and 13 are effective the day following
final enactment.
Sections 9 to 12 are effective July 1, 1995.
Sec. 19. [CORRECTION 14.]
Sec. 2. [LIMITATION OF INFRASTRUCTURE REINVESTMENT.]
None of the $750,000 made available by S.F. 1110, article
1, section 2, subdivision 7, from the public facilities
authority under Minnesota Statutes, section 446A.071, for grant
funds to a local unit of government for the development of
infrastructure and planning for redevelopment, in response to
the memorandum of understanding for the regional treatment
centers, may be used to purchase land on which prison buildings
will be placed or to pay for utilities to the prison site and
hazardous waste issues or other subgrade condition costs.
Sec. 20. [EFFECTIVE DATE.]
Unless provided otherwise, each section of this act takes
effect at the time that the section of law enacted in 1995 that
it amends or cites takes effect.
Presented to the governor May 30, 1995
Signed by the governor June 1, 1995, 11:45 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes