Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 68-H.F.No. 1951 
                  An act relating to human services; changing long-term 
                  care provisions; amending Minnesota Statutes 2004, 
                  sections 144A.071, subdivision 1a; 256B.0913, 
                  subdivision 8; 256B.0915, subdivisions 1a, 6, 9. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                           LONG-TERM CARE FACILITIES 
           Section 1.  Minnesota Statutes 2004, section 144A.071, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [DEFINITIONS.] For purposes of sections 144A.071 
        to 144A.073, the following terms have the meanings given them: 
           (a) "Attached fixtures" has the meaning given in Minnesota 
        Rules, part 9549.0020, subpart 6. 
           (b) "Buildings" has the meaning given in Minnesota Rules, 
        part 9549.0020, subpart 7. 
           (c) "Capital assets" has the meaning given in section 
        256B.421, subdivision 16. 
           (d) "Commenced construction" means that all of the 
        following conditions were met:  the final working drawings and 
        specifications were approved by the commissioner of health; the 
        construction contracts were let; a timely construction schedule 
        was developed, stipulating dates for beginning, achieving 
        various stages, and completing construction; and all zoning and 
        building permits were applied for. 
           (e) "Completion date" means the date on which a certificate 
        of occupancy is issued for a construction project, or if a 
        certificate of occupancy is not required, the date on which the 
        construction project is available for facility use. 
           (f) "Construction" means any erection, building, 
        alteration, reconstruction, modernization, or improvement 
        necessary to comply with the nursing home licensure rules. 
           (g) "Construction project" means: 
           (1) a capital asset addition to, or replacement of a 
        nursing home or certified boarding care home that results in new 
        space or the remodeling of or renovations to existing facility 
        space; and 
           (2) the remodeling or renovation of existing facility space 
        the use of which is modified as a result of the project 
        described in clause (1).  This existing space and the project 
        described in clause (1) must be used for the functions as 
        designated on the construction plans on completion of the 
        project described in clause (1) for a period of not less than 24 
        months; or 
           (3) capital asset additions or replacements that are 
        completed within 12 months before or after the completion date 
        of the project described in clause (1). 
           (h) "Depreciation guidelines" means the most recent 
        publication of "The Estimated Useful Lives of Depreciable 
        Hospital Assets," issued by the American Hospital Association, 
        840 North Lake Shore Drive, Chicago, Illinois, 60611. 
           (i) "New licensed" or "new certified beds" means: 
           (1) newly constructed beds in a facility or the 
        construction of a new facility that would increase the total 
        number of licensed nursing home beds or certified boarding care 
        or nursing home beds in the state; or 
           (2) newly licensed nursing home beds or newly certified 
        boarding care or nursing home beds that result from remodeling 
        of the facility that involves relocation of beds but does not 
        result in an increase in the total number of beds, except when 
        the project involves the upgrade of boarding care beds to 
        nursing home beds, as defined in section 144A.073, subdivision 
        1.  "Remodeling" includes any of the type of conversion, 
        renovation, replacement, or upgrading projects as defined in 
        section 144A.073, subdivision 1. 
           (i) (j) "Project construction costs" means the cost of the 
        following items that have a completion date within 12 months 
        before or after the completion date of the project described in 
        item (g), clause (1): 
           (1) facility capital asset additions,; 
           (2) replacements,; 
           (3) renovations, or; 
           (4) remodeling projects,; 
           (5) construction site preparation costs, and; 
           (6) related soft costs.  Project construction costs include 
        the cost of any remodeling or renovation of existing facility 
        space which is modified as a result of the construction 
        project.  Project construction costs also includes the cost of 
        new technology implemented as part of the construction project.  
        Project construction costs also include; and 
           (7) the cost of new technology implemented as part of the 
        construction project and depreciable equipment directly 
        identified to the project, if the construction costs for clauses 
        (1) to (6) exceed the threshold for additions and replacements 
        stated in section 256B.431, subdivision 16.  Any new Technology 
        and depreciable equipment shall be included in the project 
        construction costs shall, at the unless a written election of is 
        made by the facility, be included to not include it in the 
        facility's appraised value for purposes of Minnesota Rules, part 
        9549.0020, subpart 5, and.  Debt incurred for its purchase of 
        technology and depreciable equipment shall be included as 
        allowable debt for purposes of Minnesota Rules, part 9549.0060, 
        subpart 5, items A and C, unless the written election is to not 
        include it.  Any new technology and depreciable equipment 
        included in the project construction costs that the facility 
        elects not to include in its appraised value and allowable debt 
        shall be treated as provided in section 256B.431, subdivision 
        17, paragraph (b).  Written election under this paragraph must 
        be included in the facility's request for the rate change 
        related to the project, and this election may not be changed. 
           (j) (k) "Technology" means information systems or devices 
        that make documentation, charting, and staff time more efficient 
        or encourage and allow for care through alternative settings 
        including, but not limited to, touch screens, monitors, 
        hand-helds, swipe cards, motion detectors, pagers, telemedicine, 
        medication dispensers, and equipment to monitor vital signs and 
        self-injections, and to observe skin and other conditions. 

                                   ARTICLE 2 
                        CONTINUING CARE FOR THE ELDERLY 
           Section 1.  Minnesota Statutes 2004, section 256B.0913, 
        subdivision 8, is amended to read: 
           Subd. 8.  [REQUIREMENTS FOR INDIVIDUAL CARE PLAN.] (a) The 
        case manager shall implement the plan of care for each 
        alternative care client and ensure that a client's service needs 
        and eligibility are reassessed at least every 12 months.  The 
        plan shall include any services prescribed by the individual's 
        attending physician as necessary to allow the individual to 
        remain in a community setting.  In developing the individual's 
        care plan, the case manager should include the use of volunteers 
        from families and neighbors, religious organizations, social 
        clubs, and civic and service organizations to support the formal 
        home care services.  The county shall be held harmless for 
        damages or injuries sustained through the use of volunteers 
        under this subdivision including workers' compensation 
        liability.  The lead agency county of service shall provide 
        documentation in each individual's plan of care and, if 
        requested, to the commissioner that the most cost-effective 
        alternatives available have been offered to the individual and 
        that the individual was free to choose among available qualified 
        providers, both public and private, including qualified case 
        management or service coordination providers other than those 
        employed by the lead agency when the lead agency any county; 
        however, the county or tribe maintains responsibility for prior 
        authorizing services in accordance with statutory and 
        administrative requirements.  The case manager must give the 
        individual a ten-day written notice of any denial, termination, 
        or reduction of alternative care services. 
           (b) If The county administering alternative care services 
        is different than the county of financial responsibility, the 
        care plan may be implemented without the approval of service 
        must provide access to and arrange for case management services, 
        including assuring implementation of the plan.  The county of 
        service must notify the county of financial responsibility of 
        the approved care plan and the amount of encumbered funds. 
           Sec. 2.  Minnesota Statutes 2004, section 256B.0915, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [ELDERLY WAIVER CASE MANAGEMENT SERVICES.] (a) 
        Elderly case management services under the home and 
        community-based services waiver for elderly individuals are 
        available from providers meeting qualification requirements and 
        the standards specified in subdivision 1b.  Eligible recipients 
        may choose any qualified provider of elderly case management 
        services. 
           (b) The county of service or tribe must provide access to 
        and arrange for case management services. 
           Sec. 3.  Minnesota Statutes 2004, section 256B.0915, 
        subdivision 6, is amended to read: 
           Subd. 6.  [IMPLEMENTATION OF CARE PLAN.] Each elderly 
        waiver client shall be provided a copy of a written care plan 
        that meets the requirements outlined in section 256B.0913, 
        subdivision 8.  If The care plan must be implemented by the 
        county administering waivered services when it is different than 
        the county of financial responsibility, the care plan may be 
        implemented without the approval of.  The county administering 
        waivered services must notify the county of financial 
        responsibility of the approved care plan. 
           Sec. 4.  Minnesota Statutes 2004, section 256B.0915, 
        subdivision 9, is amended to read: 
           Subd. 9.  [TRIBAL MANAGEMENT OF ELDERLY WAIVER.] 
        Notwithstanding contrary provisions of this section, or those in 
        other state laws or rules, the commissioner and White Earth 
        reservation may develop a model for tribal management of the 
        elderly waiver program and implement this model through a 
        contract between the state and White Earth Reservation any of 
        the state's federally recognized tribal governments.  The model 
        shall include the provision of tribal waiver case management, 
        assessment for personal care assistance, and administrative 
        requirements otherwise carried out by counties but shall not 
        include tribal financial eligibility determination for medical 
        assistance. 
           Presented to the governor May 19, 2005 
           Signed by the governor May 23, 2005, 11:50 a.m.