1.1                          A bill for an act 
  1.2             relating to nursing facility resident classification; 
  1.3             providing facilities the opportunity to correct errors 
  1.4             in a request for reconsideration; amending Minnesota 
  1.5             Statutes 1994, section 144.0722, subdivisions 3b and 4.
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 144.0722, 
  1.8   subdivision 3b, is amended to read: 
  1.9      Subd. 3b.  [FACILITY'S REQUEST FOR RECONSIDERATION.] In 
  1.10  addition to the information required in subdivision 3, a 
  1.11  reconsideration request from a nursing home or boarding care 
  1.12  home must contain the following information:  the date the 
  1.13  resident reimbursement classification notices were received by 
  1.14  the facility; the date the classification notices were 
  1.15  distributed to the resident or the resident's representative; 
  1.16  and a copy of a notice sent to the resident or to the resident's 
  1.17  representative.  This notice must tell the resident or the 
  1.18  resident's representative that a reconsideration of the 
  1.19  resident's classification is being requested, the reason for the 
  1.20  request, that the resident's rate will change if the request is 
  1.21  approved by the department and the extent of the change, that 
  1.22  copies of the facility's request and supporting documentation 
  1.23  are available for review, and that the resident also has the 
  1.24  right to request a reconsideration.  If the facility fails to 
  1.25  provide this information with the reconsideration request or if 
  2.1   the commissioner determines that the notice to the resident was 
  2.2   defective in any way, the commissioner must notify the facility 
  2.3   within ten working days of receiving the request for 
  2.4   reconsideration.  The notice to the facility must clearly state 
  2.5   (1) all defects in the original request and in the notice to the 
  2.6   resident; (2) all action necessary by the facility to correct 
  2.7   the original request; and (3) that the facility has ten working 
  2.8   days to correct the deficiencies in the original request.  If 
  2.9   the facility fails to provide the commissioner with a corrected 
  2.10  request within the ten-day period, the request must be denied, 
  2.11  and the facility may not make further reconsideration requests 
  2.12  on that specific reimbursement classification. 
  2.13     Sec. 2.  Minnesota Statutes 1994, section 144.0722, 
  2.14  subdivision 4, is amended to read: 
  2.15     Subd. 4.  [RECONSIDERATION.] The commissioner's 
  2.16  reconsideration must be made by individuals not involved in 
  2.17  reviewing the assessment that established the disputed 
  2.18  classification.  The reconsideration must be based upon the 
  2.19  initial assessment and upon the information provided to the 
  2.20  commissioner under subdivision 3.  If necessary for evaluating 
  2.21  the reconsideration request, the commissioner may conduct 
  2.22  on-site reviews.  In its discretion, the commissioner may review 
  2.23  the reimbursement classifications assigned to all residents in 
  2.24  the facility.  Within 15 working days of receiving the a 
  2.25  complete and correct request for reconsideration, the 
  2.26  commissioner shall affirm or modify the original resident 
  2.27  classification.  The original classification must be modified if 
  2.28  the commissioner determines that the assessment resulting in the 
  2.29  classification did not accurately reflect the needs of the 
  2.30  resident at the time of the assessment.  The resident and the 
  2.31  nursing home or boarding care home shall be notified within five 
  2.32  working days after the decision is made.  The commissioner's 
  2.33  decision under this subdivision is the final administrative 
  2.34  decision of the agency.