1.1                          A bill for an act 
  1.2             relating to human services; repealing increased 
  1.3             nursing home surcharge on private pay residents on a 
  1.4             certain date; amending Minnesota Statutes 2003 
  1.5             Supplement, section 256.9657, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.8   256.9657, subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [NURSING HOME LICENSE SURCHARGE.] (a) 
  1.10  Effective July 1, 1993, each non-state-operated nursing home 
  1.11  licensed under chapter 144A shall pay to the commissioner an 
  1.12  annual surcharge according to the schedule in subdivision 4.  
  1.13  The surcharge shall be calculated as $620 per licensed bed.  If 
  1.14  the number of licensed beds is reduced, the surcharge shall be 
  1.15  based on the number of remaining licensed beds the second month 
  1.16  following the receipt of timely notice by the commissioner of 
  1.17  human services that beds have been delicensed.  The nursing home 
  1.18  must notify the commissioner of health in writing when beds are 
  1.19  delicensed.  The commissioner of health must notify the 
  1.20  commissioner of human services within ten working days after 
  1.21  receiving written notification.  If the notification is received 
  1.22  by the commissioner of human services by the 15th of the month, 
  1.23  the invoice for the second following month must be reduced to 
  1.24  recognize the delicensing of beds.  Beds on layaway status 
  1.25  continue to be subject to the surcharge.  The commissioner of 
  2.1   human services must acknowledge a medical care surcharge appeal 
  2.2   within 30 days of receipt of the written appeal from the 
  2.3   provider. 
  2.4      (b) Effective July 1, 1994, the surcharge in paragraph (a) 
  2.5   shall be increased to $625. 
  2.6      (c) Effective August 15, 2002, the surcharge under 
  2.7   paragraph (b) shall be increased to $990. 
  2.8      (d) ~~Effective July 15, 2003, the surcharge under paragraph~~ 
  2.9   ~~(c) shall be increased to $2,815.~~ 
  2.10     ~~(e) The commissioner may reduce, and may subsequently~~ 
  2.11  ~~restore, the surcharge under paragraph (d) based on the~~ 
  2.12  ~~commissioner's determination of a permissible surcharge.~~ 
  2.13     ~~(f)~~ Between April 1, 2002, and August 15, 2004, a facility 
  2.14  governed by this subdivision may elect to assume full 
  2.15  participation in the medical assistance program by agreeing to 
  2.16  comply with all of the requirements of the medical assistance 
  2.17  program, including the rate equalization law in section 256B.48, 
  2.18  subdivision 1, paragraph (a), and all other requirements 
  2.19  established in law or rule, and to begin intake of new medical 
  2.20  assistance recipients.  Rates will be determined under Minnesota 
  2.21  Rules, parts 9549.0010 to 9549.0080.  Notwithstanding section 
  2.22  256B.431, subdivision 27, paragraph (i), rate calculations will 
  2.23  be subject to limits as prescribed in rule and law.  Other than 
  2.24  the adjustments in sections 256B.431, subdivisions 30 and 32; 
  2.25  256B.437, subdivision 3, paragraph (b), Minnesota Rules, part 
  2.26  9549.0057, and any other applicable legislation enacted prior to 
  2.27  the finalization of rates, facilities assuming full 
  2.28  participation in medical assistance under this paragraph are not 
  2.29  eligible for any rate adjustments until the July 1 following 
  2.30  their settle-up period. 
  2.31     <b>[EFFECTIVE DATE.]</b> This section is effective June 30, 2004.