Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 2-H.F.No. 13
An act relating to legislative enactments; providing
for the correction of miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and
technical errors of a noncontroversial nature;
amending Minnesota Statutes 1996, sections 84.035,
subdivision 5; 103G.005, subdivision 14a; 103G.2243;
119A.31, subdivision 1; 124A.22, subdivision 13;
256B.431, subdivision 25; 366.125; 394.235; and
462.353, subdivision 5; and Laws 1996, chapter 408,
article 2, section 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [CORRECTION 51.] Minnesota Statutes 1996,
section 366.125, is amended to read:
366.125 [MAY MAKE APPLICANT CERTIFY THAT TAXES ARE PAID.]
The town board may require, either as part of the necessary
information on an application or as a condition of a grant of
approval, an applicant for an amendment, permit, or other
approval required under a regulation established pursuant to
sections 366.10 to 366.18 to certify that there are no
delinquent property taxes, special assessments, penalties, and
interest due on the parcel to which the application relates.
Property taxes which are being paid under the provisions of a
stipulation, order, or confession of judgment, or which are
being appealed as provided by law, are not considered delinquent
for purposes of this section if all required payments that are
due under the terms of the stipulation, order, confession of
judgment, or appeal have been paid.
Sec. 2. [CORRECTION 51.] Minnesota Statutes 1996, section
394.235, is amended to read:
394.235 [MAY MAKE APPLICANT CERTIFY THAT TAXES ARE PAID.]
The county board may require, either as part of the
necessary information on an application or as a condition of a
grant of approval, an applicant for an amendment to an official
control established pursuant to sections 394.21 to 394.37, or
for a permit or other approval required under an official
control established pursuant to those sections to certify that
there are no delinquent property taxes, special assessments,
penalties, and interest due on the parcel to which the
application relates. Property taxes which are being paid under
the provisions of a stipulation, order, or confession of
judgment, or which are being appealed as provided by law, are
not considered delinquent for purposes of this section if all
required payments that are due under the terms of the
stipulation, order, confession of judgment, or appeal have been
paid.
Sec. 3. [CORRECTION 51.] Minnesota Statutes 1996, section
462.353, subdivision 5, is amended to read:
Subd. 5. [CERTIFY TAXES PAID.] A municipality may require,
either as part of the necessary information on an application or
as a condition of a grant of approval, an applicant for an
amendment to an official control established pursuant to
sections 462.351 to 462.364, or for a permit or other approval
required under an official control established pursuant to those
sections to certify that there are no delinquent property taxes,
special assessments, penalties, interest, and municipal utility
fees due on the parcel to which the application relates.
Property taxes which are being paid under the provisions of a
stipulation, order, or confession of judgment, or which are
being appealed as provided by law, are not considered delinquent
for purposes of this subdivision if all required payments that
are due under the terms of the stipulation, order, confession of
judgment, or appeal have been paid.
Sec. 4. [CORRECTION 52.] Laws 1996, chapter 408, article
2, section 8, is amended to read:
Sec. 8. [INTENSIVE JUVENILE MONITORING PILOT PROGRAM.]
(a) The commissioner of corrections shall establish at
least four pilot programs to provide intensive monitoring in the
community for juveniles who have committed or are at risk to
commit status offenses or delinquent acts. A juvenile need not
be adjudicated for an offense to be eligible for the program.
The pilot programs shall provide a work experience for qualified
upper division college and graduate students who are majoring in
relevant disciplines to supervise and monitor juveniles referred
to or placed in community corrections or court services
programs. Referrals to the program may be made by peace
officers, juvenile courts, and juvenile probation officers.
(b) The commissioner shall collaborate with appropriate
faculty members and administrators at the University of
Minnesota, the state universities, private colleges and
universities, community corrections agencies, and court services
agencies to establish general eligibility criteria for upper
division college and graduate students to participate in the
program and to specify the various ways by which students will
be compensated through their college or university for their
participation including, but not limited to, monetary
compensation, tuition payments, and related mileage and parking
expenses. The compensation program shall allow for long-term
placements and corrections experiences for students who are
financially dependent on paid internships.
(c) The commissioner also shall collaborate with higher
education experts, community corrections agencies, court
services agencies, law enforcement agencies, and juvenile court
judges to:
(1) establish general eligibility criteria for juveniles to
be referred to or placed in the program;
(2) establish maximum caseloads for students, based on
their experience and knowledge and on the characteristics of the
juveniles to be supervised;
(3) specify the types of supervision and monitoring the
college students may be expected to provide to the juveniles;
and
(4) specify the manner in which the students' work and
performance measures will be monitored and evaluated by relevant
criminal justice and higher education professionals.
(d) At the end of the pilot programs, the commissioner of
corrections shall report findings and recommendations to the
chairs of the house and senate committees with jurisdiction over
criminal justice and higher education issues.
Sec. 5. [CORRECTION 54.] Minnesota Statutes 1996, section
119A.31, subdivision 1, is amended to read:
Subdivision 1. [PROGRAMS.] The commissioner shall, in
consultation with the chemical abuse and violence prevention
council, administer a grant program to fund community-based
programs that are designed to enhance the community's sense of
personal security and to assist the community in its crime
control and prevention efforts. Examples of qualifying programs
include, but are not limited to, the following:
(1) community-based programs designed to provide services
for children aged 8 to 13 under 14 years of age who are juvenile
offenders or who are at risk of becoming juvenile offenders.
The programs must give priority to:
(i) juvenile restitution;
(ii) prearrest or pretrial diversion, including through
mediation;
(iii) probation innovation;
(iv) teen courts, community service; or
(v) post incarceration alternatives to assist youth in
returning to their communities;
(2) community-based programs designed to provide at-risk
children and youth aged 8 to 13 under 14 years of age with
after-school and summer enrichment activities;
(3) community-based programs designed to discourage young
people from involvement in unlawful drug or street gang
activities such as neighborhood youth centers;
(4) neighborhood block clubs and innovative community-based
crime prevention programs;
(5) community- and school-based programs designed to enrich
the educational, cultural, or recreational opportunities of
at-risk children and youth, including programs designed to keep
at-risk youth from dropping out of school and encourage school
dropouts to return to school;
(6) community-based programs designed to intervene with
juvenile offenders who are identified as likely to engage in
repeated criminal activity in the future unless intervention is
undertaken;
(7) community-based collaboratives that coordinate multiple
programs and funding sources to address the needs of at-risk
children and youth, including, but not limited to,
collaboratives that address the continuum of services for
juvenile offenders and those who are at risk of becoming
juvenile offenders;
(8) programs that are proven successful at increasing the
rate of school success or the rate of post-secondary education
attendance for high-risk students;
(9) community-based programs that provide services to
homeless youth;
(10) programs designed to reduce truancy; and
(11) other community- and school-based crime prevention
programs that are innovative and encourage substantial
involvement by members of the community served by the program.
Sec. 6. [CORRECTION 55.] Minnesota Statutes 1996, section
124A.22, subdivision 13, is amended to read:
Subd. 13. [TRANSPORTATION SPARSITY DEFINITIONS.] The
definitions in this subdivision apply to subdivisions 13a and
13b.
(a) "Sparsity index" for a school district means the
greater of .2 or the ratio of the square mile area of the school
district to the actual pupil units of the school district.
(b) "Density index" for a school district means the ratio
of the square mile area of the school district to the actual
pupil units of the school district. However, the density index
for a school district cannot be greater than .2 or less than
.005.
(c) "Fiscal year 1996 base allowance" for a school district
means the result of the following computation:
(1) sum the following amounts:
(i) the fiscal year 1996 regular transportation revenue for
the school district according to section 124.225, subdivision
7d, paragraph (a), excluding the revenue attributable nonpublic
school pupils and to pupils with disabilities receiving special
transportation services; plus
(ii) the fiscal year 1996 nonregular transportation revenue
for the school district according to section 124.225,
subdivision 7d, paragraph (b), excluding the revenue for
desegregation transportation according to section 124.225,
subdivision 1, paragraph (c), clause (4), and the revenue
attributable to nonpublic school pupils and to pupils with
disabilities receiving special transportation services or board
and lodging; plus
(iii) the fiscal year 1996 excess transportation levy for
the school district according to section 124.226, subdivision 5,
excluding the levy attributable to nonpublic school pupils; plus
(iv) the fiscal year 1996 late activity bus levy for the
school district according to section 124.226, subdivision 9,
excluding the levy attributable to nonpublic school pupils; plus
(v) an amount equal to one-third of the fiscal year 1996
bus depreciation for the school district according to section
124.225, subdivision 1, paragraph (b), clauses (2), (3), and (4).
(2) divide the result in clause (1) by the school districts
district's 1995-1996 actual fund balance pupil units.
Sec. 7. [CORRECTION 58.] Minnesota Statutes 1996, section
84.035, subdivision 5, is amended to read:
Subd. 5. [ACTIVITIES IN PEATLAND SCIENTIFIC AND NATURAL
AREAS.] Areas designated in subdivision 4 as peatland scientific
and natural areas are subject to the following conditions:
(a) Except as provided in paragraph (b), all restrictions
otherwise applicable to scientific and natural areas designated
under section 86A.05, subdivision 5, apply to the surface use
and to any use of the mineral estate which would significantly
modify or alter the peatland water levels or flows, peatland
water chemistry, plant or animal species or communities, or
other natural features of the peatland scientific and natural
areas, including, but not limited to, the following prohibitions:
(1) construction of any new public drainage systems after
the effective date of Laws 1991, chapter 354, or improvement or
repair to a public drainage system in existence on the effective
date of Laws 1991, chapter 354, under authority of chapter 103E,
or any other alteration of surface water or ground water levels
or flows unless specifically permitted under paragraph (b),
clause (5) or (6);
(2) removal of peat, sand, gravel, or other industrial
minerals;
(3) exploratory boring or other exploration or removal of
oil, natural gas, radioactive materials or metallic minerals
which would significantly modify or alter the peatland water
levels or flows, peatland water chemistry, plant or animal
species or communities, or natural features of the peatland
scientific and natural areas, except in the event of a national
emergency declared by Congress;
(4) commercial timber harvesting;
(5) construction of new corridors of disturbance, of the
kind defined in subdivision 3, after June 5, 1991; and
(6) ditching, draining, filling, or any other activities
which modify or alter the peatland water levels or flows,
peatland water chemistry, plant or animal species or
communities, or other natural features of the peatland
scientific and natural areas.
(b) The following activities are allowed:
(1) recreational activities, including hunting, fishing,
trapping, cross-country skiing, snowshoeing, nature observation,
or other recreational activities permitted in the management
plan approved by the commissioner;
(2) scientific and educational work and research;
(3) maintenance of corridors of disturbance, including
survey lines and preparation of winter roads, consistent with
protection of the peatland ecosystem;
(4) use of corridors of disturbance unless limited by a
management plan adopted by the commissioner under subdivision 6;
(5) improvements to a public drainage system in existence
on the effective date of Laws 1991, chapter 354, only when it is
for the protection and maintenance of the ecological integrity
of the peatland scientific and natural area and when included in
a management plan adopted by the commissioner under subdivision
6;
(6) repairs to a public drainage system in existence on the
effective date of Laws 1991, chapter 354, which crosses a
peatland scientific and natural area and is used for the
purposes of providing a drainage outlet for lands outside of the
peatland scientific and natural area, provided that there are no
other feasible and prudent alternative means of providing the
drainage outlet. The commissioner shall cooperate with the
ditch authority in the determination of any feasible and prudent
alternatives. No repairs which would significantly modify or
alter the peatland water levels or flows, peatland water
chemistry, plant or animal species or communities, or other
natural features of the peatland scientific and natural areas
shall be made unless approved by the commissioner;
(7) motorized uses on a corridor of disturbance, if the
corridor existed on or before January 1, 1992, provided that
recreational motorized users uses may occur only when the
substrate is frozen, or the corridor is snow packed, subject to
a management plan developed in accordance with subdivision 6;
(8) control of forest insects, disease, and wildfires, as
described in a management plan adopted by the commissioner under
subdivision 6; and
(9) geological and geophysical surveys which would not
significantly modify or alter the peatland water levels or
flows, peatland water chemistry, plant or animal species or
communities, or other natural features of the peatland
scientific and natural areas.
Sec. 8. [CORRECTION 58B.] Minnesota Statutes 1996, section
103G.005, subdivision 14a, is amended to read:
Subd. 14a. [PASTURE.] "Pasture" means an area that was
grazed by domesticated livestock or that was planted with
annually seeded crops in a crop rotation seeding of grasses or
legumes in six of the last ten years prior to January 1, 1991.
Sec. 9. [CORRECTION 58C.] Minnesota Statutes 1996, section
103G.2243, is amended to read:
103G.2243 [LOCAL COMPREHENSIVE WETLAND PROTECTION AND
MANAGEMENT PLANS.]
Subdivision 1. [GENERAL REQUIREMENTS; NOTICE AND
PARTICIPATION.] (a) As an alternative to the rules adopted under
section 103G.2242, subdivision 1, and the public value criteria
established or approved under section 103B.3355, a comprehensive
wetland protection and management plan may be developed by a
local government unit, or one or more local government units
operating under a joint powers agreement, provided that:
(1) a notice is made at the beginning of the planning
process to the board, the commissioner of natural resources, the
pollution control agency, local government units, and local
citizens to actively participate in the development of the plan;
and
(2) the plan is implemented by ordinance as part of the
local government's official controls under chapter 394, for a
county; chapter 462, for a city; chapter 366, for a town; and by
rules adopted under chapter 103D, for a watershed district; and
chapter 103B, for a watershed management organization.
(b) An organization that is invited to participate in the
development of the local plan, but declines to do so and fails
to participate or to provide written comments during the local
review process, waives the right during board review to submit
comments, except comments concerning consistency of the plan
with laws and rules administered by that agency. In determining
the merit of an agency comment, the board shall consider the
involvement of the agency in the development of the local plan.
Subd. 2. [PLAN CONTENTS.] A comprehensive wetland
protection and management plan may:
(1) provide for classification of wetlands in the plan area
based on:
(i) an inventory of wetlands in the plan area;
(ii) an assessment of the wetland functions listed in
section 103B.3355, using a methodology chosen by the technical
evaluation panel from one of the methodologies established or
approved by the board under that section; and
(iii) the resulting public values;
(2) vary application of the sequencing standards in section
103G.222, subdivision 1, paragraph (b), for projects based on
the classification and criteria set forth in the plan;
(3) vary the replacement standards of section 103G.222,
subdivision 1, paragraphs (f) and (g), based on the
classification and criteria set forth in the plan, for specific
wetland impacts provided there is no net loss of public values
within the area subject to the plan, and so long as:
(i) in a 50 to 80 percent area, a minimum acreage
requirement of one acre of replaced wetland for each acre of
drained or filled wetland requiring replacement is met within
the area subject to the plan; and
(ii) in a less than 50 percent area, a minimum acreage
requirement of two acres of replaced wetland for each acre of
drained or filled wetland requiring replacement is met within
the area subject to the plan, except that replacement for the
amount above a 1:1 ratio can be accomplished as described
in section 103G.2242, subdivision 12;
(4) in a greater than 80 percent area, allow replacement
credit, based on the classification and criteria set forth in
the plan, for any project that increases the public value of
wetlands, including activities on adjacent upland acres; and
(5) in a greater than 80 percent area, based on the
classification and criteria set forth in the plan, expand the
application of the exemptions in section 103G.2241, subdivision
1, paragraph (a), clause (4), to also include nonagricultural
land, provided there is no net loss of wetland values.
Subd. 3. [BOARD REVIEW AND APPROVAL; MEDIATION; JUDICIAL
REVIEW.] (a) The plan is deemed approved 60 days after the local
government submits the final plan to the board, unless the board
disagrees with the plan as provided in paragraph (d).
(b) The board may not disapprove a plan if the board
determines the plan meets the requirements of this section.
(c) In its review of a plan, the board shall advise the
local government unit of those elements of the plan that are
more restrictive than state law and rules for purposes of
section 103G.237, subdivision 5.
(d) If the board disagrees with the plan or any elements of
the plan, the board shall, in writing, notify the local
government of the plan deficiencies and suggested changes. The
board shall include in the response to the local government the
scientific justification, if applicable, for the board's
concerns with the plan. Upon receipt of the board's concerns
with the plan, the local government has 60 days to revise the
plan and resubmit the plan to the board for reconsideration, or
the local government may request a hearing before the board.
The board shall hold a hearing within the boundaries of the
jurisdiction of the local government within 60 days of the
request for hearing. After the hearing, the board shall, within
60 days, prepare a report of its decision and inform the local
government.
(e) If, after the hearing, the board and local government
disagree on the plan, the board shall, within 60 days, initiate
mediation through a neutral party. If the board and local
government unit agree in writing not to use mediation or the
mediation does not result in a resolution of the differences
between the parties, then the board may commence a declaratory
judgment action in the district court of the county where the
local government unit is located. If the board does not
commence a declaratory judgment action within the applicable
60-day period, the plan is deemed approved.
(f) The declaratory judgment action must be commenced
within 60 days after the date of the written agreement not to
use mediation or 60 days after conclusion of the mediation. If
the board commences a declaratory judgment action, the district
court shall review the board's record of decision and the record
of decision of the local government unit. The district court
shall affirm the plan if it meets the requirements of this
subdivision section.
Subd. 4. [EFFECTIVE DATE; REPLACEMENT DECISIONS.] (a) The
plan becomes effective as provided in subdivision 3, paragraphs
(d) to (f), and after adoption of the plan into the official
controls of the local government.
(b) After the effective date of a plan, a local government
unit shall make replacement decisions consistent with the plan.
Subd. 5. [PLAN AMENDMENTS.] Amendments to the plan become
effective upon completion of the same process required for the
original plan.
Subd. 6. [WATER PLANNING PROCESSES APPLY.] Except as
otherwise provided for in this section, all other requirements
relating to development of the plan must be consistent with the
water plan processes under sections 103B.231 and 103B.311.
Sec. 10. [CORRECTION 62B.] Minnesota Statutes 1996,
section 256B.431, subdivision 25, is amended to read:
Subd. 25. [CHANGES TO NURSING FACILITY REIMBURSEMENT
BEGINNING JULY 1, 1995.] The nursing facility reimbursement
changes in paragraphs (a) to (h) (g) shall apply in the sequence
specified to Minnesota Rules, parts 9549.0010 to 9549.0080, and
this section, beginning July 1, 1995.
(a) The eight-cent adjustment to care-related rates in
subdivision 22, paragraph (e), shall no longer apply.
(b) For rate years beginning on or after July 1, 1995, the
commissioner shall limit a nursing facility's allowable
operating per diem for each case mix category for each rate year
as in clauses (1) to (3).
(1) For the rate year beginning July 1, 1995, the
commissioner shall group nursing facilities into two groups,
freestanding and nonfreestanding, within each geographic group,
using their operating cost per diem for the case mix A
classification. A nonfreestanding nursing facility is a nursing
facility whose other operating cost per diem is subject to the
hospital attached, short length of stay, or the rule 80 limits.
All other nursing facilities shall be considered freestanding
nursing facilities. The commissioner shall then array all
nursing facilities in each grouping by their allowable case mix
A operating cost per diem. In calculating a nursing facility's
operating cost per diem for this purpose, the commissioner shall
exclude the raw food cost per diem related to providing special
diets that are based on religious beliefs, as determined in
subdivision 2b, paragraph (h). For those nursing facilities in
each grouping whose case mix A operating cost per diem:
(i) is at or below the median minus 1.0 standard deviation
of the array, the commissioner shall limit the nursing
facility's allowable operating cost per diem for each case mix
category to the lesser of the prior reporting year's allowable
operating cost per diems plus the inflation factor as
established in paragraph (f), clause (2), increased by six
percentage points, or the current reporting year's corresponding
allowable operating cost per diem;
(ii) is between minus .5 standard deviation and minus 1.0
standard deviation below the median of the array, the
commissioner shall limit the nursing facility's allowable
operating cost per diem for each case mix category to the lesser
of the prior reporting year's allowable operating cost per diems
plus the inflation factor as established in paragraph (f),
clause (2), increased by four percentage points, or the current
reporting year's corresponding allowable operating cost per
diem; or
(iii) is equal to or above minus .5 standard deviation
below the median of the array, the commissioner shall limit the
nursing facility's allowable operating cost per diem for each
case mix category to the lesser of the prior reporting year's
allowable operating cost per diems plus the inflation factor as
established in paragraph (f), clause (2), increased by three
percentage points, or the current reporting year's corresponding
allowable operating cost per diem.
(2) For the rate year beginning on July 1, 1996, the
commissioner shall limit the nursing facility's allowable
operating cost per diem for each case mix category to the lesser
of the prior reporting year's allowable operating cost per diems
plus the inflation factor as established in paragraph (f),
clause (2), increased by one percentage point or the current
reporting year's corresponding allowable operating cost per
diems; and
(3) For rate years beginning on or after July 1, 1997, the
commissioner shall limit the nursing facility's allowable
operating cost per diem for each case mix category to the lesser
of the reporting year prior to the current reporting year's
allowable operating cost per diems plus the inflation factor as
established in paragraph (f), clause (2), or the current
reporting year's corresponding allowable operating cost per
diems.
(c) For rate years beginning on July 1, 1995, the
commissioner shall limit the allowable operating cost per diems
for high cost nursing facilities. After application of the
limits in paragraph (b) to each nursing facility's operating
cost per diems, the commissioner shall group nursing facilities
into two groups, freestanding or nonfreestanding, within each
geographic group. A nonfreestanding nursing facility is a
nursing facility whose other operating cost per diems are
subject to hospital attached, short length of stay, or rule 80
limits. All other nursing facilities shall be considered
freestanding nursing facilities. The commissioner shall then
array all nursing facilities within each grouping by their
allowable case mix A operating cost per diems. In calculating a
nursing facility's operating cost per diem for this purpose, the
commissioner shall exclude the raw food cost per diem related to
providing special diets that are based on religious beliefs, as
determined in subdivision 2b, paragraph (h). For those nursing
facilities in each grouping whose case mix A operating cost per
diem exceeds 1.0 standard deviation above the median, the
commissioner shall reduce their allowable operating cost per
diems by two percent. For those nursing facilities in each
grouping whose case mix A operating cost per diem exceeds 0.5
standard deviation above the median but is less than or equal to
1.0 standard deviation above the median, the commissioner shall
reduce their allowable operating cost per diems by one percent.
(d) For rate years beginning on or after July 1, 1996, the
commissioner shall limit the allowable operating cost per diems
for high cost nursing facilities. After application of the
limits in paragraph (b) to each nursing facility's operating
cost per diems, the commissioner shall group nursing facilities
into two groups, freestanding or nonfreestanding, within each
geographic group. A nonfreestanding nursing facility is a
nursing facility whose other operating cost per diems are
subject to hospital attached, short length of stay, or rule 80
limits. All other nursing facilities shall be considered
freestanding nursing facilities. The commissioner shall then
array all nursing facilities within each grouping by their
allowable case mix A operating cost per diems. In calculating a
nursing facility's operating cost per diem for this purpose, the
commissioner shall exclude the raw food cost per diem related to
providing special diets that are based on religious beliefs, as
determined in subdivision 2b, paragraph (h). In those nursing
facilities in each grouping whose case mix A operating cost per
diem exceeds 1.0 standard deviation above the median, the
commissioner shall reduce their allowable operating cost per
diems by three percent. For those nursing facilities in each
grouping whose case mix A operating cost per diem exceeds 0.5
standard deviation above the median but is less than or equal to
1.0 standard deviation above the median, the commissioner shall
reduce their allowable operating cost per diems by two percent.
(e) For rate years beginning on or after July 1, 1995, the
commissioner shall determine a nursing facility's efficiency
incentive by first computing the allowable difference, which is
the lesser of $4.50 or the amount by which the facility's other
operating cost limit exceeds its nonadjusted other operating
cost per diem for that rate year. The commissioner shall
compute the efficiency incentive by:
(1) subtracting the allowable difference from $4.50 and
dividing the result by $4.50;
(2) multiplying 0.20 by the ratio resulting from clause
(1), and then;
(3) adding 0.50 to the result from clause (2); and
(4) multiplying the result from clause (3) times the
allowable difference.
The nursing facility's efficiency incentive payment shall
be the lesser of $2.25 or the product obtained in clause (4).
(f) For rate years beginning on or after July 1, 1995, the
forecasted price index for a nursing facility's allowable
operating cost per diems shall be determined under clauses (1)
to (3) using the change in the Consumer Price Index-All Items
(United States city average) (CPI-U) or the change in the
Nursing Home Market Basket, both as forecasted by Data Resources
Inc., whichever is applicable. The commissioner shall use the
indices as forecasted in the fourth quarter of the calendar year
preceding the rate year, subject to subdivision 2l, paragraph
(c). If, as a result of federal legislative or administrative
action, the methodology used to calculate the Consumer Price
Index-All Items (United States city average) (CPI-U) changes,
the commissioner shall develop a conversion factor or other
methodology to convert the CPI-U index factor that results from
the new methodology to an index factor that approximates, as
closely as possible, the index factor that would have resulted
from application of the original CPI-U methodology prior to any
changes in methodology. The commissioner shall use the
conversion factor or other methodology to calculate an adjusted
inflation index. The adjusted inflation index must be used to
calculate payment rates under this section instead of the CPI-U
index specified in paragraph (d). If the commissioner is
required to develop an adjusted inflation index, the
commissioner shall report to the legislature as part of the next
budget submission the fiscal impact of applying this index.
(1) The CPI-U forecasted index for allowable operating cost
per diems shall be based on the 21-month period from the
midpoint of the nursing facility's reporting year to the
midpoint of the rate year following the reporting year.
(2) The Nursing Home Market Basket forecasted index for
allowable operating costs and per diem limits shall be based on
the 12-month period between the midpoints of the two reporting
years preceding the rate year.
(3) For rate years beginning on or after July 1, 1996, the
forecasted index for operating cost limits referred to in
subdivision 21, paragraph (b), shall be based on the CPI-U for
the 12-month period between the midpoints of the two reporting
years preceding the rate year.
(g) After applying these provisions for the respective rate
years, the commissioner shall index these allowable operating
costs per diems by the inflation factor provided for in
paragraph (f), clause (1), and add the nursing facility's
efficiency incentive as computed in paragraph (e).
(h) A nursing facility licensed for 302 beds on September
30, 1993, that was approved under the moratorium exception
process in section 144A.073 for a partial replacement, and
completed the replacement project in December 1994, is exempt
from paragraphs (b) to (d) for rate years beginning on or after
July 1, 1995.
(i) Notwithstanding Laws 1996, chapter 451, article 3,
section 11, paragraph (h), for the rate years beginning on July
1, 1996, July 1, 1997, and July 1, 1998, a nursing facility
licensed for 40 beds effective May 1, 1992, with a subsequent
increase of 20 Medicare/Medicaid certified beds, effective
January 26, 1993, in accordance with an increase in licensure is
exempt from paragraphs (b) to (d).
Sec. 11. [EFFECTIVE DATE.]
Section 6 is effective retroactive to July 1, 1996.
Presented to the governor February 18, 1997
Signed by the governor February 19, 1997, 2:30 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes