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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 240-H.F.No. 3309 
                  An act relating to health; modifying provisions of 
                  licensed beds on layaway status; amending Minnesota 
                  Statutes 2000, section 144A.071, subdivision 4b. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 144A.071, 
        subdivision 4b, is amended to read: 
           Subd. 4b.  [LICENSED BEDS ON LAYAWAY STATUS.] A licensed 
        and certified nursing facility may lay away, upon prior written 
        notice to the commissioner of health, up to 50 percent of its 
        licensed and certified beds.  A nursing facility may not 
        discharge a resident in order to lay away a bed.  Notice to the 
        commissioner shall be given 60 days prior to the effective date 
        of the layaway.  Beds on layaway shall have the same status as 
        voluntarily delicensed and decertified beds and shall not be 
        subject to license fees and license surcharge fees.  In 
        addition, beds on layaway may be removed from layaway at any 
        time on or after one year after the effective date of layaway in 
        the facility of origin, with a 60-day notice to the 
        commissioner.  A nursing facility that removes beds from layaway 
        may not place beds on layaway status for one year after the 
        effective date of the removal from layaway.  The commissioner 
        may approve the immediate removal of beds from layaway if 
        necessary to provide access to those nursing home beds to 
        residents relocated from other nursing homes due to emergency 
        situations or closure.  In the event approval is granted, the 
        one-year restriction on placing beds on layaway after a removal 
        of beds from layaway shall not apply.  Beds may remain on 
        layaway for up to five years.  The commissioner may approve 
        placing and removing beds on layaway at any time during 
        renovation or construction related to a moratorium project 
        approved under this section or section 144A.073. 
           Presented to the governor March 13, 2002 
           Signed by the governor March 14, 2002, 3:02 p.m.