1.1                          A bill for an act 
  1.2             relating to human services; modifying nursing facility 
  1.3             rates for ventilator-dependent persons; amending 
  1.4             Minnesota Statutes 2000, section 256B.431, subdivision 
  1.5             2e. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 256B.431, 
  1.8   subdivision 2e, is amended to read: 
  1.9      Subd. 2e.  [CONTRACTS FOR SERVICES FOR VENTILATOR-DEPENDENT 
  1.10  PERSONS.] The commissioner may contract with a nursing facility 
  1.11  eligible to receive medical assistance payments to provide 
  1.12  services to a ventilator-dependent person identified by the 
  1.13  commissioner according to criteria developed by the 
  1.14  commissioner, including:  
  1.15     (1) nursing facility care has been recommended for the 
  1.16  person by a preadmission screening team; 
  1.17     (2) the person has been assessed at case mix classification 
  1.18  K; 
  1.19     (3) the person has been hospitalized for at least six 
  1.20  months and no longer requires inpatient acute care hospital 
  1.21  services; and 
  1.22     (4) the commissioner has determined that necessary services 
  1.23  for the person cannot be provided under existing nursing 
  1.24  facility rates.  
  1.25     The commissioner may issue a request for proposals to 
  2.1   provide services to a ventilator-dependent person to nursing 
  2.2   facilities eligible to receive medical assistance payments and 
  2.3   shall select nursing facilities from among respondents according 
  2.4   to criteria developed by the commissioner, including:  
  2.5      (1) the cost-effectiveness and appropriateness of services; 
  2.6      (2) the nursing facility's compliance with federal and 
  2.7   state licensing and certification standards; and 
  2.8      (3) the proximity of the nursing facility to a 
  2.9   ventilator-dependent person identified by the commissioner who 
  2.10  requires nursing facility placement.  
  2.11     The commissioner may negotiate an adjustment to the 
  2.12  operating cost payment rate for a nursing facility selected by 
  2.13  the commissioner from among respondents to the request for 
  2.14  proposals.  The negotiated adjustment must reflect only the 
  2.15  actual additional cost of meeting the specialized care needs of 
  2.16  a ventilator-dependent person identified by the commissioner for 
  2.17  whom necessary services cannot be provided under existing 
  2.18  nursing facility rates and which are not otherwise covered under 
  2.19  Minnesota Rules, parts 9549.0010 to 9549.0080 or 9505.0170 to 
  2.20  9505.0475.  The negotiated payment rate must not exceed 200 300 
  2.21  percent of the highest multiple bedroom payment rate for a 
  2.22  Minnesota nursing facility, as initially established by the 
  2.23  commissioner for the rate year for case mix classification K.  
  2.24  The negotiated adjustment shall not affect the payment rate 
  2.25  charged to private paying residents under the provisions of 
  2.26  section 256B.48, subdivision 1.