1997 Minnesota Statutes

     256B.03 Payments to vendors. 

    Subdivision 1.    General limit.  All payments for 
 medical assistance hereunder must be made to the vendor.  The 
 maximum payment for new vendors enrolled in the medical 
 assistance program after the base year shall be determined from 
 the average usual and customary charge of the same vendor type 
 enrolled in the base year. 

    Subd. 2.    Limit on annual increase to long-term care 
 providers.  Notwithstanding the provisions of sections 
 256B.421 to 256B.48, Laws 1981, chapter 360, article II, section 
 2, or any other provision of chapter 360, and rules promulgated 
 under those sections, rates paid to a skilled nursing facility 
 or an intermediate care facility, including boarding care 
 facilities and supervised living facilities, except state-owned 
 and operated facilities, for rate years beginning during the 
 biennium ending June 30, 1983, shall not exceed by more than ten 
 percent the final rate allowed to the facility for the preceding 
 rate year.  For purposes of this section, "final rate" means the 
 rate established after any adjustment by the commissioner, 
 including but not limited to adjustments resulting from cost 
 report reviews, field audits, and computations of unimplemented 
 cost changes.  Regardless of any rate appeal, the rate 
 established shall be the rate paid and shall remain in effect 
 until final resolution of the appeal, subsequent desk or field 
 audit adjustment, notwithstanding any provision of law or rule 
 to the contrary.  

    The commissioner shall not increase the percentage for 
 investment allowances. 

    Subd. 3.    American Indian health funding.  
 Notwithstanding subdivision 1 and sections 256B.0625 and 
 256D.03, paragraph (f), the commissioner may make payments to 
 federally recognized Indian tribes with a reservation in the 
 state to provide medical assistance to Indians, as defined under 
 federal law, who reside on or near the reservation.  The 
 payments may be made in the form of a block grant or other 
 payment mechanism determined in consultation with the tribe.  
 Any alternative payment mechanism agreed upon by the tribes and 
 the commissioner under this subdivision is not dependent upon 
 county agreement but is intended to create a direct payment 
 mechanism between the state and the tribe for the administration 
 of the medical assistance program and for covered services.  

    For purposes of this subdivision, "Indian tribe" means a 
 tribe, band, or nation, or other organized group or community of 
 Indians that is recognized as eligible for the special programs 
 and services provided by the United States to Indians because of 
 their status as Indians and for which a reservation exists as is 
 consistent with Public Law Number 100-485, as amended. 

    Payments under this subdivision may not result in an 
 increase in expenditures that would not otherwise occur in the 
 medical assistance program under this chapter or the general 
 assistance medical care program under chapter 256D. 

    HIST: Ex1967 c 16 s 3; 1981 c 360 art 2 s 27,54; 1Sp1981 c 2 s 
 13; 1Sp1981 c 4 art 4 s 22; 3Sp1982 c 1 art 2 s 4; 1983 c 312 
 art 1 s 27; 1987 c 384 art 2 s 63; 1987 c 403 art 2 s 75; 1996 c 
 451 art 5 s 14 

*   NOTE:  Subdivision 3, as added by Laws 1996, chapter 451, 
*article 5, section 14, is effective October 1, 1996, or upon 
*receipt of any necessary federal approval, whichever date is 
*later.  Laws 1996, chapter 451, article 5, section 40.