Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2397

 

STATE OF MINNESOTA

 

 

EIGHTY-NINTH SESSION - 2015

 

_____________________

 

FORTY-FOURTH DAY

 

Saint Paul, Minnesota, Wednesday, April 22, 2015

 

 

      The House of Representatives convened at 9:30 a.m. and was called to order by Kurt Daudt, Speaker of the House.

 

      Prayer was offered by the Reverend Brynn Harms, Wells Assembly of God Church, Wells, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kiel

Knoblach

Koznick

Kresha

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

McDonald

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Dill, Halverson and Ward were excused.

 

      Kelly and Mack were excused until 3:30 p.m.  Mariani was excused until 3:35 p.m.  Lenczewski was excused until 3:40 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2398

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 21, 2015

 

The Honorable Kurt Daudt

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Daudt:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

 

      H. F. No. 794, relating to surveying; streamlining and simplifying statutory sections; making technical and conforming changes.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Dayton

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

The Honorable Sandra L. Pappas

President of the Senate

 

      I have the honor to inform you that the following enrolled Act of the 2015 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2015

 

Date Filed

2015

 

                                794                         7                                          9:51 a.m. April 21                                April 21

 

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2399

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Knoblach from the Committee on Ways and Means to which was referred:

 

H. F. No. 845, A bill for an act relating to higher education; establishing a budget for higher education; appropriating money to the Office of Higher Education, the Board of Trustees of the Minnesota State Colleges and Universities, the Board of Regents of the University of Minnesota, and the Mayo Clinic; appropriating money for tuition relief; establishing a year-long student teacher program; establishing a teacher shortage loan forgiveness program; regulating the assignment of state college and university students to remedial courses; regulating state college and university transfer pathways; requiring a plan to encourage college completion at the Minnesota State Colleges and Universities and the University of Minnesota; regulating the policies of postsecondary institutions relating to sexual harassment and sexual violence; amending Minnesota Statutes 2014, sections 13.322, by adding a subdivision; 122A.09, subdivision 4; 135A.15, subdivisions 1, 2, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 136A; 136F; 626.

 

Reported the same back with the following amendments:

 

Page 2, line 5, delete "197,912,000" and insert "198,086,000" and delete "197,887,000" and insert "198,061,000"

 

Page 4, line 8, delete "351,000" and insert "500,000" and delete "351,000" and insert "500,000"

 

Page 4, after line 33, insert:

 

"Subd. 20.  Campus Sexual Assault Reporting

 

25,000

 

25,000

 

For the sexual assault reporting required under Minnesota Statutes, section 135A.15."

 

Page 5, line 28, delete "658,458,000" and insert "658,498,000" and delete "691,143,000" and insert "691,183,000"

 

Page 6, line 3, delete "621,269,000" and insert "621,309,000" and delete "653,954,000" and insert "653,994,000"

 

Page 6, line 24, delete "$100,000" and insert "$200,000"

 

Page 6, line 32, after the period, insert "This is a onetime appropriation."

 

Page 7, line 11, delete "1" and insert "4"

 

Page 7, delete lines 12 to 15 and insert:

 

"This appropriation includes $40,000 in fiscal year 2016 and $40,000 in fiscal year 2017 to implement the sexual assault policies required under Minnesota Statutes, section 135A.15.  This is a onetime appropriation."

 

Page 7, line 31, delete "601,106,000" and insert "603,256,000" and delete "601,106,000" and insert "601,856,000"

 

Page 7, line 34, delete "598,949,000" and insert "601,099,000" and delete "598,949,000" and insert "599,699,000"


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2400

Page 11, after line 34, insert: 

 

"Subd. 5.  Crookston Campus; Agricultural Education and Health Sciences

 

750,000

 

 

750,000

 

To reinstate and support the agricultural education program and enhance the health science program on the Crookston campus.

 

Subd. 6.  Morris Campus

 

1,400,000

 

-0-

 

This appropriation includes $450,000 in fiscal year 2016 to renovate classrooms and small group spaces in the division of education on the Morris campus.

 

This appropriation includes $250,000 in fiscal year 2016 to improve classroom seating, technology, acoustics, and digital capabilities on the Morris campus.

 

This appropriation includes $300,000 in fiscal year 2016 to upgrade digital and wireless capabilities in the campus library on the Morris campus.

 

This appropriation includes $400,000 in fiscal year 2016 to upgrade college athletics and recreation facilities on the Morris campus.

 

This is a onetime appropriation.  Funds from this appropriation are available until June 30, 2017."

 

Page 17, after line 2, insert:

 

"Subd. 6.  Disbursement.  (a) The commissioner must make annual disbursements directly to the participant of the amount for which a participant is eligible, for each year that a participant is eligible.

 

(b) Within 60 days of receipt of a disbursement, the participant must provide the commissioner with verification that the full amount of loan repayment disbursement has been applied toward the designated loans.  A participant that previously received funds under this section but has not provided the commissioner with such verification is not eligible to receive additional funds."

 

Renumber the subdivisions in sequence

 

Adjust amounts accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2401

Knoblach from the Committee on Ways and Means to which was referred:

 

H. F. No. 846, A bill for an act relating to state government; appropriating money for environment and natural resources; modifying public entity purchasing requirements; modifying solid waste provisions; modifying subsurface sewage treatment systems provisions; modifying compensable losses due to harmful substances; modifying invasive species provisions; modifying state parks and trails provisions; modifying requirements for fire training; modifying auxiliary forest provisions; modifying recreational vehicle provisions; providing for all-terrain vehicle safety training indication on drivers' licenses and identification cards; modifying and providing for certain fees; creating and modifying certain accounts; providing for and modifying certain grants; modifying disposition of certain revenue; modifying certain permit provisions; providing for condemnation of certain school trust lands; modifying Water Law; providing for certain enforcement delay; modifying personal flotation device provisions; regulating wake surfing; modifying game and fish laws; modifying Metropolitan Area Water Supply Advisory Committee and specifying duties; providing for Minnesota Pollution Control Agency Citizens' Board; prohibiting sale of certain personal care products containing synthetic plastic microbeads; requiring reports; requiring rulemaking; amending Minnesota Statutes 2014, sections 16A.531, subdivision 1a; 16C.073, subdivision 2; 84.415, subdivision 7; 84.788, subdivision 5, by adding a subdivision; 84.82, subdivision 6; 84.84; 84.92, subdivisions 8, 9, 10; 84.922, subdivision 4; 84.925, subdivision 5; 84.9256, subdivision 1; 84.928, subdivision 1; 84D.01, subdivisions 13, 15, 17, 18, by adding a subdivision; 84D.03, subdivision 3; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 1; 84D.12, subdivisions 1, 3; 84D.13, subdivision 5; 84D.15, subdivision 3; 85.015, subdivision 28, by adding a subdivision; 85.054, subdivision 12; 85.32, subdivision 1; 86B.313, subdivisions 1, 4; 86B.315; 86B.401, subdivision 3; 88.17, subdivision 3; 88.49, subdivisions 3, 4, 5, 6, 7, 8, 9, 11; 88.491, subdivision 2; 88.50; 88.51, subdivisions 1, 3; 88.52, subdivisions 2, 3, 4, 5, 6; 88.523; 88.53, subdivisions 1, 2; 88.6435, subdivision 4; 90.14; 90.193; 94.10, subdivision 2; 94.16, subdivisions 2, 3; 97A.045, subdivision 11; 97A.057, subdivision 1; 97A.435, subdivision 4; 97A.465, by adding a subdivision; 97B.063; 97B.081, subdivision 3; 97B.085, subdivision 2; 97B.301, by adding a subdivision; 97B.668; 97C.005, subdivision 1, by adding a subdivision; 97C.301, by adding a subdivision; 97C.345, by adding a subdivision; 97C.501, subdivision 2; 103B.101, by adding a subdivision; 103B.3355; 103F.612, subdivision 2; 103G.005, by adding a subdivision; 103G.222, subdivisions 1, 3; 103G.2242, subdivisions 1, 2, 3, 4, 12, 14; 103G.2251; 103G.245, subdivision 2; 103G.271, subdivisions 3, 5, 6a; 103G.287, subdivisions 1, 2; 103G.291, subdivision 3; 103G.301, subdivision 5a; 115.03, by adding a subdivision; 115.073; 115.55, subdivisions 1, 3; 115.56, subdivision 2; 115A.03, subdivision 25a; 115A.551, subdivision 2a; 115A.557, subdivision 2; 115A.93, subdivision 1; 115B.34, subdivision 2; 115C.05; 116.02; 116.03, subdivision 1; 116.07, subdivisions 4d, 4j, 7, by adding a subdivision; 116D.04, by adding a subdivision; 144.12, by adding a subdivision; 171.07, by adding a subdivision; 282.011, subdivision 3; 446A.073, subdivisions 1, 3, 4; 473.1565; Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended; Laws 2014, chapter 312, article 12, section 6, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 84; 84D; 85; 92; 97A; 97B; 103B; 103G; 114C; 115; 115A; 325E; repealing Minnesota Statutes 2014, sections 84.68; 86B.13, subdivisions 2, 4; 88.47; 88.48; 88.49, subdivisions 1, 2, 10; 88.491, subdivision 1; 88.51, subdivision 2; 97A.475, subdivision 25; 97B.905, subdivision 3; 116.02, subdivisions 7, 8, 10; 282.013; 477A.19; Minnesota Rules, part 6264.0400, subparts 27, 28.

 

Reported the same back with the following amendments:

 

Page 9, line 29, delete the first "$685,000" and insert "$585,000"

 

Page 16, after line 2, insert:

 

"$100,000 the first year is for a grant to a political subdivision within the Bonanza Valley Groundwater Management Area for a contract with a hydrogeologic or water resources engineering consultant to:


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2402

(1) conduct an independent hydrologic assessment of the Bonanza Valley Groundwater Management Area that:  includes the use of existing data, describes the current groundwater conditions, characterizes the nature and extent of the primary aquifers, and identifies any surface water and groundwater connections;

 

(2) identify issues and priority areas of concern; and

 

(3) conduct a sensitivity analysis related to present pumping influences on the identified primary aquifers."

 

Page 19, line 18, after "$325,000" insert "each year"

 

Page 19, line 19, after "$75,000" insert "each year"

 

Page 84, line 8, delete "normal levels" and insert "low flow"

 

Page 119, delete section 137

 

Renumber the sections in sequence

 

Adjust amounts accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Knoblach from the Committee on Ways and Means to which was referred:

 

H. F. No. 849, A bill for an act relating to public safety; modifying certain provisions relating to courts, public safety, firefighters, corrections, crime, disaster assistance, and controlled substances; requesting reports; providing for penalties; appropriating money for public safety, courts, corrections, Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, and Sentencing Guidelines; amending Minnesota Statutes 2014, sections 5B.11; 12.221, subdivision 6; 12A.15, subdivision 1; 12B.15, subdivision 2, by adding a subdivision; 12B.25, subdivision 1; 12B.40; 13.03, subdivision 6; 13.82, subdivision 17; 43A.241; 152.02, subdivisions 2, 3, 4, 5, 6; 168A.1501, subdivisions 1, 6; 169.13, subdivisions 1, 3; 169A.03, subdivision 3; 169A.07; 169A.275, subdivision 5; 169A.285, subdivision 1; 169A.46, subdivision 1; 169A.53, subdivision 3; 181.06, subdivision 2; 181.101; 241.88, subdivision 1, by adding a subdivision; 241.89, subdivisions 1, 2; 243.166, subdivision 1b; 244.05, by adding a subdivision; 244.15, subdivision 6; 253B.08, subdivision 2a; 253B.12, subdivision 2a; 253D.28, subdivision 2; 260B.198, by adding a subdivision; 271.08, subdivision 1; 271.21, subdivision 2; 299A.73, subdivision 2; 299C.35; 299C.38; 299C.46, subdivisions 2, 2a; 299F.012, subdivision 1; 299N.02, subdivision 2; 299N.03, subdivisions 5, 6, 7; 299N.04, subdivision 3; 299N.05, subdivisions 1, 5, 6, 7, 8; 325E.21, subdivisions 1, 2; 352B.011, subdivision 10; 401.10, subdivision 1; 486.10, subdivisions 2, 3; 549.09, subdivision 1; 609.1095, subdivision 1; 609.2111; 609.2112, subdivision 1; 609.2114, subdivision 1; 609.2231, subdivision 3a; 609.324, subdivision 1; 609.325, subdivision 4, by adding a subdivision; 609.3451, subdivision 1; 609.3471; 609.531, subdivision 1; 609.564; 609.5641, subdivision 1a; 609.66, subdivision 1g; 609.746, by adding a subdivision; 609.765; 611A.26, subdivisions 1, 6; 611A.31, subdivision 1; 611A.33; 611A.35; 617.242, subdivision


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2403

6; 624.71; 624.714, subdivision 16; 628.26; 631.461; Laws 2013, chapter 86, article 1, sections 7; 9; proposing coding for new law in Minnesota Statutes, chapters 299C; 299N; 609; 624; repealing Minnesota Statutes 2014, sections 168A.1501, subdivisions 5, 5a; 299C.36; 299N.05, subdivision 3; 325E.21, subdivisions 1c, 1d; Laws 2014, chapter 190, sections 10; 11.

 

Reported the same back with the following amendments:

 

Page 2, after line 21, insert:

 

"Contingent Account

 

$5,000 each year is for a contingent account for expenses necessary for the normal operation of the court for which no other reimbursement is provided."

 

Page 4, line 4, delete "191,945,000" and insert "191,963,000"

 

Page 4, line 7, delete "94,618,000" and insert "94,636,000"

 

Page 4, line 8, delete "14,697,000" and insert "14,772,000"

 

Page 5, line 1, delete "$25,000" and insert "$250,000"

 

Page 5, line 2, after "strategies" insert "and make efforts"

 

Page 5, line 21, delete "53,619,000" and insert "53,637,000"

 

Page 5, line 23, delete "51,317,000" and insert "51,335,000"

 

Page 8, delete lines 19 to 34

 

Page 9, delete lines 1 and 2

 

Reletter the paragraphs in sequence

 

Page 14, line 26, delete "$550,000" in both places

 

Page 14, line 27, delete "$550,000" and insert "$775,000"

 

Page 22, after line 28, insert:

 

"Sec. 3.  Minnesota Statutes 2014, section 97B.031, subdivision 4, is amended to read:

 

Subd. 4.  Silencers prohibited Suppressors.  Except as provided in section 609.66, subdivision 1h, a person may not own or possess a silencer for a firearm or a firearm equipped to have a silencer attached.  Nothing in this section prohibits the lawful use of a suppressor or the possession of a firearm equipped to have a suppressor attached, as defined in section 609.66, subdivision 1a, paragraph (c), while hunting."

 

Page 27, after line 15, insert:

 

"Sec. 15.  Minnesota Statutes 2014, section 609.66, subdivision 1a, is amended to read:

 

Subd. 1a.  Felony crimes; silencers prohibited suppressors; reckless discharge.  (a) Except as otherwise provided in subdivision 1h, Whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

 

(1) sells or has in possession any device designed to silence or muffle the discharge of a firearm a suppressor that is not lawfully possessed under federal law;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2404

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or

 

(3) recklessly discharges a firearm within a municipality.

 

(b) A person convicted under paragraph (a) may be sentenced as follows:

 

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or

 

(2) otherwise, to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.

 

(c) As used in this subdivision, "suppressor" means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in the assembly or fabrication."

 

Page 28, after line 6, insert:

 

"Sec. 17.  Minnesota Statutes 2014, section 609.66, is amended by adding a subdivision to read:

 

Subd. 1i.  Chief law enforcement officer certification; certain firearms.  (a) As used in this subdivision:

 

(1) "chief law enforcement officer" means any official or designee; the Bureau of Alcohol, Tobacco, Firearms and Explosives; or any successor agency, identified by regulation or otherwise as eligible to provide any required certification for the making or transfer of a firearm;

 

(2) "certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm; and

 

(3) "firearm" has the meaning given in the National Firearms Act, United States Code, title 26, section 5845(a).

 

(b) If a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer must, within 15 days of receipt of a request for certification, provide the certification if the applicant is not prohibited by law from receiving or possessing the firearm or is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing the firearm.  If the chief law enforcement officer is unable to make a certification as required by this section, the chief law enforcement officer must provide the applicant a written notification of the denial and the reason for the determination.

 

(c) In making the certification required by paragraph (b), a chief law enforcement officer or designee may require the applicant to provide only the information that is required by federal or state law to identify the applicant and conduct a criminal history background check, including a check of the National Instant Criminal Background Check System, or to determine the disposition of an arrest or proceeding relevant to the applicant's eligibility to lawfully possess or receive a firearm.  A person who possesses a valid carry permit is presumed to be qualified to receive certification.  A chief law enforcement officer may not require access to or consent for an inspection of any private premises as a condition of making a certification under this section.

 

(d) A chief law enforcement officer is not required to make any certification under this section known to be untrue, but the officer may not refuse to provide certification based on a generalized objection to private persons or entities making, possessing, or receiving firearms or any certain type of firearm, the possession of which is not prohibited by law.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2405

(e) Chief law enforcement officers and their employees who act in good faith are immune from liability arising from any act or omission in making a certification as required by this section.

 

(f) An applicant whose request for certification is denied may appeal the chief law enforcement officer's decision to the district court that is located in the city or county in which the applicant resides or maintains an address of record.  The court must review the chief law enforcement officer's decision to deny the certification de novo.  The court must order the chief law enforcement officer to issue the certification and award court costs and reasonable attorney fees to the applicant, if the court finds that:  (1) the applicant is not prohibited by law from receiving or possessing the firearm; (2) the applicant is not the subject of a proceeding that could result in a prohibition; and (3) no substantial evidence supports the chief law enforcement officer's determination that the chief law enforcement officer cannot truthfully make the certification."

 

Page 32, after line 3, insert: 

 

"(c) Minnesota Statutes 2014, section 609.66, subdivision 1h, is repealed."

 

Page 32, delete line 4 and insert:

 

"EFFECTIVE DATE.  Paragraphs (a) and (b) are effective the day following final enactment.  Paragraph (c) is effective August 1, 2015."

 

Page 46, after line 31, insert:

 

"Sec. 4.  Minnesota Statutes 2014, section 169.475, subdivision 2, is amended to read:

 

Subd. 2.  Prohibition on use; penalty.  (a) No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.

 

(b) A person who is convicted of a second or subsequent violation under this section must pay a fine of $150 plus the amount specified in the uniform fine schedule established by the Judicial Council.

 

EFFECTIVE DATE.  This section is effective August 1, 2015, and applies to violations committed on or after that date."

 

Page 56, after line 14, insert:

 

"Sec. 17.  Minnesota Statutes 2014, section 609.2232, is amended to read:

 

609.2232 CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY STATE PRISON OR PUBLIC INSTITUTION INMATES.

 

If an inmate of a state correctional facility or an inmate receiving medical assistance services while an inpatient in a medical institution under section 256B.055, subdivision 14, paragraph (c), is convicted of violating section 609.221, 609.222, 609.223, 609.2231, or 609.224, while confined in the facility or while in the medical institution, the sentence imposed for the assault shall be executed and run consecutively to any unexpired portion of the offender's earlier sentence.  The inmate is not entitled to credit against the sentence imposed for the assault for time served in confinement for the earlier sentence.  The inmate shall serve the sentence for the assault in a state correctional facility even if the assault conviction was for a misdemeanor or gross misdemeanor.

 

EFFECTIVE DATE.  This section is effective August 1, 2015, and applies to crimes committed on or after that date."


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2406

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Dean, M., from the Committee on Health and Human Services Finance to which was referred:

 

H. F. No. 1638, A bill for an act relating to human services; discontinuing the child support application fee; amending Minnesota Statutes 2014, sections 518A.51; 518A.53, subdivision 4.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

HEALTH CARE

 

Section 1.  Minnesota Statutes 2014, section 62A.045, is amended to read:

 

62A.045 PAYMENTS ON BEHALF OF ENROLLEES IN GOVERNMENT HEALTH PROGRAMS.

 

(a) As a condition of doing business in Minnesota or providing coverage to residents of Minnesota covered by this section, each health insurer shall comply with the requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171, including any federal regulations adopted under that act, to the extent that it imposes a requirement that applies in this state and that is not also required by the laws of this state.  This section does not require compliance with any provision of the federal act prior to the effective date provided for that provision in the federal act.  The commissioner shall enforce this section.

 

For the purpose of this section, "health insurer" includes self-insured plans, group health plans (as defined in section 607(1) of the Employee Retirement Income Security Act of 1974), service benefit plans, managed care organizations, pharmacy benefit managers, or other parties that are by contract legally responsible to pay a claim for a health-care item or service for an individual receiving benefits under paragraph (b).

 

(b) No plan offered by a health insurer issued or renewed to provide coverage to a Minnesota resident shall contain any provision denying or reducing benefits because services are rendered to a person who is eligible for or receiving medical benefits pursuant to title XIX of the Social Security Act (Medicaid) in this or any other state; chapter 256; 256B; or 256D or services pursuant to section 252.27; 256L.01 to 256L.10; 260B.331, subdivision 2; 260C.331, subdivision 2; or 393.07, subdivision 1 or 2.  No health insurer providing benefits under plans covered by this section shall use eligibility for medical programs named in this section as an underwriting guideline or reason for nonacceptance of the risk.

 

(c) If payment for covered expenses has been made under state medical programs for health care items or services provided to an individual, and a third party has a legal liability to make payments, the rights of payment and appeal of an adverse coverage decision for the individual, or in the case of a child their responsible relative or caretaker, will be subrogated to the state agency.  The state agency may assert its rights under this section within three years of the date the service was rendered.  For purposes of this section, "state agency" includes prepaid health plans under contract with the commissioner according to sections 256B.69, 256D.03, subdivision 4, paragraph (c), and 256L.12; children's mental health collaboratives under section 245.493; demonstration projects for persons with disabilities under section 256B.77; nursing homes under the alternative payment demonstration project under section 256B.434; and county-based purchasing entities under section 256B.692.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2407

(d) Notwithstanding any law to the contrary, when a person covered by a plan offered by a health insurer receives medical benefits according to any statute listed in this section, payment for covered services or notice of denial for services billed by the provider must be issued directly to the provider.  If a person was receiving medical benefits through the Department of Human Services at the time a service was provided, the provider must indicate this benefit coverage on any claim forms submitted by the provider to the health insurer for those services.  If the commissioner of human services notifies the health insurer that the commissioner has made payments to the provider, payment for benefits or notices of denials issued by the health insurer must be issued directly to the commissioner.  Submission by the department to the health insurer of the claim on a Department of Human Services claim form is proper notice and shall be considered proof of payment of the claim to the provider and supersedes any contract requirements of the health insurer relating to the form of submission.  Liability to the insured for coverage is satisfied to the extent that payments for those benefits are made by the health insurer to the provider or the commissioner as required by this section.

 

(e) When a state agency has acquired the rights of an individual eligible for medical programs named in this section and has health benefits coverage through a health insurer, the health insurer shall not impose requirements that are different from requirements applicable to an agent or assignee of any other individual covered. 

 

(f) A health insurer must process a claim made by a state agency for covered expenses paid under state medical programs within 90 business days of the claim's submission.  If the health insurer needs additional information to process the claim, the health insurer may be granted an additional 30 business days to process the claim, provided the health insurer submits the request for additional information to the state agency within 30 business days after the health insurer received the claim.

 

(g) A health insurer may request a refund of a claim paid in error to the Department of Human Services within two years of the date the payment was made to the department.  A request for a refund shall not be honored by the department if the health insurer makes the request after the time period has lapsed.

 

Sec. 2.  [62Q.671] PROVISION OF HEALTH PLAN INFORMATION.

 

Subdivision 1.  Availability on Web site.  A health plan company shall make information describing the health plans offered and their availability, including all required elements as specified in section 2715, subsection (b), paragraph (3), of the Public Health Service Act, available to the public on the health plan company's Web site.  A health plan company shall also make this information available by other means to individuals without access to the Internet.

 

Subd. 2.  Information on individual and small group health plans.  (a) Health plan companies shall provide to the commissioner, for each health plan certified and selected to be offered as a qualified health plan through MNsure and each individual and small group health plan offered outside of MNsure, information regarding premiums and cost-sharing and a summary of benefits and coverage, as required in Code of Federal Regulations, title 45, section 155.205, subsection (b), paragraph (1), clauses (i) and (ii), and Code of Federal Regulations, title 45, section 156.220.

 

(b) Health plan companies shall also provide to the commissioner, for each health plan certified and selected to be offered as a qualified health plan through MNsure and for each individual and small group health plan offered outside of MNsure, the following information:

 

(1) any exclusions from coverage and any restrictions on the use or quantity of covered items and services in each category of benefits, including prescription drugs and drugs administered in a physician's office or clinic;

 

(2) any item or service, including a drug that has a coinsurance requirement, where the cost-sharing required depends on the cost of the item or service;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2408

(3) any item or service that has a co-payment and the dollar amount of the co-payment;

 

(4) whether a specific drug is available on formulary, whether a specific drug is covered when furnished by a physician or clinic, and any clinical prerequisites or authorization requirements for coverage of a drug;

 

(5) whether specific types of specialists are in network and whether a named physician is in network;

 

(6) the process for a patient to obtain reversal of a health plan company's denial of an item or service prescribed or ordered by the treating physician; and

 

(7) how medications will specifically be included in, or excluded from, the deductible, including a description of out-of-pocket costs for a medication that may not apply to the deductible.

 

(c) Health plan companies must submit the information required by this subdivision to the commissioner at least two months prior to the start of each MNsure open enrollment period.  The commissioner shall make the information available to the public on the agency Web site.

 

(d) The commissioner of commerce, in consultation with the commissioner of health, shall develop and make available to the public a user-friendly Web tool that allows the information provided under this section to be compared across health plan companies and across health plans.

 

EFFECTIVE DATE.  This section is effective July 1, 2017.

 

Sec. 3.  Minnesota Statutes 2014, section 150A.06, subdivision 1b, is amended to read:

 

Subd. 1b.  Resident dentists.  A person who is a graduate of a dental school and is an enrolled graduate student or student of an accredited advanced dental education program and who is not licensed to practice dentistry in the state shall obtain from the board a license to practice dentistry as a resident dentist.  The license must be designated "resident dentist license" and authorizes the licensee to practice dentistry only under the supervision of a licensed dentist.  A University of Minnesota School of Dentistry dental resident holding a resident dentist license is eligible for enrollment in medical assistance, as provided under section 256B.0625, subdivision 9b.  A resident dentist license must be renewed annually pursuant to the board's rules.  An applicant for a resident dentist license shall pay a nonrefundable fee set by the board for issuing and renewing the license.  The requirements of sections 150A.01 to 150A.21 apply to resident dentists except as specified in rules adopted by the board.  A resident dentist license does not qualify a person for licensure under subdivision 1.

 

Sec. 4.  Minnesota Statutes 2014, section 151.58, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  For purposes of this section only, the terms defined in this subdivision have the meanings given.

 

(a) "Automated drug distribution system" or "system" means a mechanical system approved by the board that performs operations or activities, other than compounding or administration, related to the storage, packaging, or dispensing of drugs, and collects, controls, and maintains all required transaction information and records.

 

(b) "Health care facility" means a nursing home licensed under section 144A.02; a housing with services establishment registered under section 144D.01, subdivision 4, in which a home provider licensed under chapter 144A is providing centralized storage of medications; a boarding care home licensed under sections 144.50 to 144.58 that is providing centralized storage of medications; or a Minnesota sex offender program facility operated by the Department of Human Services.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2409

(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and is responsible for the operation of an automated drug distribution system.

 

Sec. 5.  Minnesota Statutes 2014, section 151.58, subdivision 5, is amended to read:

 

Subd. 5.  Operation of automated drug distribution systems.  (a) The managing pharmacy and the pharmacist in charge are responsible for the operation of an automated drug distribution system.

 

(b) Access to an automated drug distribution system must be limited to pharmacy and nonpharmacy personnel authorized to procure drugs from the system, except that field service technicians may access a system located in a health care facility for the purposes of servicing and maintaining it while being monitored either by the managing pharmacy, or a licensed nurse within the health care facility.  In the case of an automated drug distribution system that is not physically located within a licensed pharmacy, access for the purpose of procuring drugs shall be limited to licensed nurses.  Each person authorized to access the system must be assigned an individual specific access code.  Alternatively, access to the system may be controlled through the use of biometric identification procedures.  A policy specifying time access parameters, including time-outs, logoffs, and lockouts, must be in place.

 

(c) For the purposes of this section only, the requirements of section 151.215 are met if the following clauses are met:

 

(1) a pharmacist employed by and working at the managing pharmacy, or at a pharmacy that is acting as a central services pharmacy for the managing pharmacy, pursuant to Minnesota Rules, part 6800.4075, must review, interpret, and approve all prescription drug orders before any drug is distributed from the system to be administered to a patient.  A pharmacy technician may perform data entry of prescription drug orders provided that a pharmacist certifies the accuracy of the data entry before the drug can be released from the automated drug distribution system.  A pharmacist employed by and working at the managing pharmacy must certify the accuracy of the filling of any cassettes, canisters, or other containers that contain drugs that will be loaded into the automated drug distribution system, unless the filled cassettes, canisters, or containers have been provided by a repackager registered with the United States Food and Drug Administration and licensed by the board as a manufacturer; and

 

(2) when the automated drug dispensing system is located and used within the managing pharmacy, a pharmacist must personally supervise and take responsibility for all packaging and labeling associated with the use of an automated drug distribution system.

 

(d) Access to drugs when a pharmacist has not reviewed and approved the prescription drug order is permitted only when a formal and written decision to allow such access is issued by the pharmacy and the therapeutics committee or its equivalent.  The committee must specify the patient care circumstances in which such access is allowed, the drugs that can be accessed, and the staff that are allowed to access the drugs.

 

(e) In the case of an automated drug distribution system that does not utilize bar coding in the loading process, the loading of a system located in a health care facility may be performed by a pharmacy technician, so long as the activity is continuously supervised, through a two-way audiovisual system by a pharmacist on duty within the managing pharmacy.  In the case of an automated drug distribution system that utilizes bar coding in the loading process, the loading of a system located in a health care facility may be performed by a pharmacy technician or a licensed nurse, provided that the managing pharmacy retains an electronic record of loading activities.

 

(f) The automated drug distribution system must be under the supervision of a pharmacist.  The pharmacist is not required to be physically present at the site of the automated drug distribution system if the system is continuously monitored electronically by the managing pharmacy.  A pharmacist on duty within a pharmacy licensed by the board must be continuously available to address any problems detected by the monitoring or to answer questions from the staff of the health care facility.  The licensed pharmacy may be the managing pharmacy or a pharmacy which is acting as a central services pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2410

Sec. 6.  Minnesota Statutes 2014, section 256.969, subdivision 2b, is amended to read:

 

Subd. 2b.  Hospital payment rates.  (a) For discharges occurring on or after November 1, 2014, hospital inpatient services for hospitals located in Minnesota shall be paid according to the following:

 

(1) critical access hospitals as defined by Medicare shall be paid using a cost-based methodology;

 

(2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology under subdivision 25;

 

(3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation distinct parts as defined by Medicare shall be paid according to the methodology under subdivision 12; and

 

(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.

 

(b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not be rebased, except that a Minnesota long-term hospital shall be rebased effective January 1, 2011, based on its most recent Medicare cost report ending on or before September 1, 2008, with the provisions under subdivisions 9 and 23, based on the rates in effect on December 31, 2010.  For rate setting periods after November 1, 2014, in which the base years are updated, a Minnesota long-term hospital's base year shall remain within the same period as other hospitals.

 

(c) Effective for discharges occurring on and after November 1, 2014, payment rates for hospital inpatient services provided by hospitals located in Minnesota or the local trade area, except for the hospitals paid under the methodologies described in paragraph (a), clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a manner similar to Medicare.  The base year for the rates effective November 1, 2014, shall be calendar year 2012.  The rebasing under this paragraph shall be budget neutral, ensuring that the total aggregate payments under the rebased system are equal to the total aggregate payments that were made for the same number and types of services in the base year.  Separate budget neutrality calculations shall be determined for payments made to critical access hospitals and payments made to hospitals paid under the DRG system.  Only the rate increases or decreases under subdivision 3a or 3c that applied to the hospitals being rebased during the entire base period shall be incorporated into the budget neutrality calculation.

 

(d) For discharges occurring on or after November 1, 2014, through June 30, 2016, the rebased rates under paragraph (c) shall include adjustments to the projected rates that result in no greater than a five percent increase or decrease from the base year payments for any hospital.  Any adjustments to the rates made by the commissioner under this paragraph and paragraph (e) shall maintain budget neutrality as described in paragraph (c).

 

(e) For discharges occurring on or after November 1, 2014, through June 30, 2016, the commissioner may make additional adjustments to the rebased rates, and when evaluating whether additional adjustments should be made, the commissioner shall consider the impact of the rates on the following:

 

(1) pediatric services;

 

(2) behavioral health services;

 

(3) trauma services as defined by the National Uniform Billing Committee;

 

(4) transplant services;

 

(5) obstetric services, newborn services, and behavioral health services provided by hospitals outside the seven-county metropolitan area;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2411

(6) outlier admissions;

 

(7) low-volume providers; and

 

(8) services provided by small rural hospitals that are not critical access hospitals.

 

(f) Hospital payment rates established under paragraph (c) must incorporate the following:

 

(1) for hospitals paid under the DRG methodology, the base year payment rate per admission is standardized by the applicable Medicare wage index and adjusted by the hospital's disproportionate population adjustment;

 

(2) for critical access hospitals, interim per diem payment rates shall be based on the ratio of cost and charges reported on the base year Medicare cost report or reports and applied to medical assistance utilization data.  Final settlement payments for a state fiscal year must be determined based on a review of the medical assistance cost report required under subdivision 4b for the applicable state fiscal year;

 

(3) the cost and charge data used to establish hospital payment rates must only reflect inpatient services covered by medical assistance; and

 

(4) in determining hospital payment rates for discharges occurring on or after the rate year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per discharge shall be based on the cost-finding methods and allowable costs of the Medicare program in effect during the base year or years.

 

(g) The commissioner shall validate the rates effective November 1, 2014, by applying the rates established under paragraph (c), and any adjustments made to the rates under paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine whether the total aggregate payments for the same number and types of services under the rebased rates are equal to the total aggregate payments made during calendar year 2013.

 

(h) Effective for discharges occurring on or after July 1, 2017, and every two years thereafter, payment rates under this section shall be rebased to reflect only those changes in hospital costs between the existing base year and the next base year.  The commissioner shall establish the base year for each rebasing period considering the most recent year for which filed Medicare cost reports are available.  The estimated change in the average payment per hospital discharge resulting from a scheduled rebasing must be calculated and made available to the legislature by January 15 of each year in which rebasing is scheduled to occur, and must include by hospital the differential in payment rates compared to the individual hospital's costs.

 

(i) Effective for discharges occurring on or after July 1, 2015, payment rates for critical access hospitals located in Minnesota or the local trade area shall be determined using a new cost-based methodology.  The commissioner shall establish within the methodology tiers of payment designed to promote efficiency and cost-effectiveness.  Annual payments to hospitals under this paragraph shall equal the total cost for critical access hospitals as reflected in base year cost reports.  The new cost-based rate shall be the final rate and shall not be settled to actual incurred costs.  The factors used to develop the new methodology may include but are not limited to:

 

(1) the ratio between the hospital's costs for treating medical assistance patients and the hospital's charges to the medical assistance program;

 

(2) the ratio between the hospital's costs for treating medical assistance patients and the hospital's payments received from the medical assistance program for the care of medical assistance patients;

 

(3) the ratio between the hospital's charges to the medical assistance program and the hospital's payments received from the medical assistance program for the care of medical assistance patients;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2412

(4) the statewide average increases in the ratios identified in clauses (1), (2), and (3);

 

(5) the proportion of that hospital's costs that are administrative and trends in administrative costs; and

 

(6) geographic location.

 

Sec. 7.  Minnesota Statutes 2014, section 256.969, subdivision 9, is amended to read:

 

Subd. 9.  Disproportionate numbers of low-income patients served.  (a) For admissions occurring on or after July 1, 1993, the medical assistance disproportionate population adjustment shall comply with federal law and shall be paid to a hospital, excluding regional treatment centers and facilities of the federal Indian Health Service, with a medical assistance inpatient utilization rate in excess of the arithmetic mean.  The adjustment must be determined as follows:

 

(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service but less than or equal to one standard deviation above the mean, the adjustment must be determined by multiplying the total of the operating and property payment rates by the difference between the hospital's actual medical assistance inpatient utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service; and

 

(2) for a hospital with a medical assistance inpatient utilization rate above one standard deviation above the mean, the adjustment must be determined by multiplying the adjustment that would be determined under clause (1) for that hospital by 1.1.  The commissioner may establish a separate disproportionate population payment rate adjustment for critical access hospitals.  The commissioner shall report annually on the number of hospitals likely to receive the adjustment authorized by this paragraph.  The commissioner shall specifically report on the adjustments received by public hospitals and public hospital corporations located in cities of the first class.

 

(b) Certified public expenditures made by Hennepin County Medical Center shall be considered Medicaid disproportionate share hospital payments.  Hennepin County and Hennepin County Medical Center shall report by June 15, 2007, on payments made beginning July 1, 2005, or another date specified by the commissioner, that may qualify for reimbursement under federal law.  Based on these reports, the commissioner shall apply for federal matching funds.

 

(c) Upon federal approval of the related state plan amendment, paragraph (b) is effective retroactively from July 1, 2005, or the earliest effective date approved by the Centers for Medicare and Medicaid Services.

 

(d) Effective July 1, 2015, disproportionate share hospital (DSH) payments shall be paid in accordance with a new methodology.  Annual DSH payments made under this paragraph shall equal the total amount of DSH payments made for 2012.  The new methodology shall take into account a variety of factors, including but not limited to:

 

(1) the medical assistance utilization rate of the hospitals that receive payments under this subdivision;

 

(2) whether the hospital is located within Minnesota;

 

(3) the difference between a hospital's costs for treating medical assistance patients and the total amount of payments received from medical assistance;

 

(4) the percentage of uninsured patient days at each qualifying hospital in relation to the total number of uninsured patient days statewide;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2413

(5) the hospital's status as a hospital authorized to make presumptive eligibility determinations for medical assistance in accordance with section 256B.057, subdivision 12;

 

(6) the hospital's status as a safety net, critical access, children's, rehabilitation, or long-term hospital;

 

(7) whether the hospital's administrative cost of compiling the necessary DSH reports exceeds the anticipated value of any calculated DSH payment; and

 

(8) whether the hospital provides specific services designated by the commissioner to be of particular importance to the medical assistance program.

 

(e) Any payments or portion of payments made to a hospital under this subdivision that are subsequently returned to the commissioner because the payments are found to exceed the hospital-specific DSH limit for that hospital shall be redistributed to other DSH-eligible hospitals in a manner established by the commissioner.

 

Sec. 8.  Minnesota Statutes 2014, section 256B.056, subdivision 5c, is amended to read:

 

Subd. 5c.  Excess income standard.  (a) The excess income standard for parents and caretaker relatives, pregnant women, infants, and children ages two through 20 is the standard specified in subdivision 4, paragraph (b).

 

(b) The excess income standard for a person whose eligibility is based on blindness, disability, or age of 65 or more years shall equal 75 80 percent of the federal poverty guidelines.

 

EFFECTIVE DATE.  This section is effective July 1, 2016.

 

Sec. 9.  Minnesota Statutes 2014, section 256B.0625, is amended by adding a subdivision to read:

 

Subd. 9b.  Dental services provided by faculty members and resident dentists at a dental school.  (a) A dentist who is not enrolled as a medical assistance provider, is a faculty or adjunct member at the University of Minnesota or a resident dentist licensed under section 150A.06, subdivision 1b, and is providing dental services at a dental clinic owned or operated by the University of Minnesota, may be enrolled as a medical assistance provider if the provider completes and submits to the commissioner an agreement form developed by the commissioner.  The agreement must specify that the faculty or adjunct member or resident dentist:

 

(1) will not receive payment for the services provided to medical assistance or MinnesotaCare enrollees performed at the dental clinics owned or operated by the University of Minnesota;

 

(2) will not be listed in the medical assistance or MinnesotaCare provider directory; and

 

(3) is not required to serve medical assistance and MinnesotaCare enrollees when providing nonvolunteer services in a private practice.

 

(b) A dentist or resident dentist enrolled under this subdivision as a fee-for-service provider shall not otherwise be enrolled in or receive payments from medical assistance or MinnesotaCare as a fee-for-service provider.

 

Sec. 10.  Minnesota Statutes 2014, section 256B.0625, subdivision 13, is amended to read:

 

Subd. 13.  Drugs.  (a) Medical assistance covers drugs, except for fertility drugs when specifically used to enhance fertility, if prescribed by a licensed practitioner and dispensed by a licensed pharmacist, by a physician enrolled in the medical assistance program as a dispensing physician, or by a physician, physician assistant, or a nurse practitioner employed by or under contract with a community health board as defined in section 145A.02, subdivision 5, for the purposes of communicable disease control.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2414

(b) The dispensed quantity of a prescription drug must not exceed a 34-day supply, unless authorized by the commissioner.

 

(c) For the purpose of this subdivision and subdivision 13d, an "active pharmaceutical ingredient" is defined as a substance that is represented for use in a drug and when used in the manufacturing, processing, or packaging of a drug becomes an active ingredient of the drug product.  An "excipient" is defined as an inert substance used as a diluent or vehicle for a drug.  The commissioner shall establish a list of active pharmaceutical ingredients and excipients which are included in the medical assistance formulary.  Medical assistance covers selected active pharmaceutical ingredients and excipients used in compounded prescriptions when the compounded combination is specifically approved by the commissioner or when a commercially available product:

 

(1) is not a therapeutic option for the patient;

 

(2) does not exist in the same combination of active ingredients in the same strengths as the compounded prescription; and

 

(3) cannot be used in place of the active pharmaceutical ingredient in the compounded prescription.

 

(d) Medical assistance covers the following over-the-counter drugs when prescribed by a licensed practitioner or by a licensed pharmacist who meets standards established by the commissioner, in consultation with the board of pharmacy:  antacids, acetaminophen, family planning products, aspirin, insulin, products for the treatment of lice, vitamins for adults with documented vitamin deficiencies, vitamins for children under the age of seven and pregnant or nursing women, and any other over-the-counter drug identified by the commissioner, in consultation with the formulary committee, as necessary, appropriate, and cost-effective for the treatment of certain specified chronic diseases, conditions, or disorders, and this determination shall not be subject to the requirements of chapter 14.  A pharmacist may prescribe over-the-counter medications as provided under this paragraph for purposes of receiving reimbursement under Medicaid.  When prescribing over-the-counter drugs under this paragraph, licensed pharmacists must consult with the recipient to determine necessity, provide drug counseling, review drug therapy for potential adverse interactions, and make referrals as needed to other health care professionals.  Over-the-counter medications must be dispensed in a quantity that is the lower lowest of: 

 

(1) the number of dosage units contained in the manufacturer's original package; and

 

(2) the number of dosage units required to complete the patient's course of therapy; or

 

(3) if applicable, the number of dosage units dispensed from a system using retrospective billing, as provided under subdivision 13e, paragraph (b).

 

(e) Effective January 1, 2006, medical assistance shall not cover drugs that are coverable under Medicare Part D as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-2(e), for individuals eligible for drug coverage as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-1(a)(3)(A).  For these individuals, medical assistance may cover drugs from the drug classes listed in United States Code, title 42, section 1396r-8(d)(2), subject to this subdivision and subdivisions 13a to 13g, except that drugs listed in United States Code, title 42, section 1396r-8(d)(2)(E), shall not be covered.

 

(f) Medical assistance covers drugs acquired through the federal 340B Drug Pricing Program and dispensed by 340B covered entities and ambulatory pharmacies under common ownership of the 340B covered entity.  Medical assistance does not cover drugs acquired through the federal 340B Drug Pricing Program and dispensed by 340B contract pharmacies.

 

EFFECTIVE DATE.  This section is effective January 1, 2016, or upon federal approval, whichever is later.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2415

Sec. 11.  Minnesota Statutes 2014, section 256B.0625, subdivision 13e, is amended to read:

 

Subd. 13e.  Payment rates.  (a) The basis for determining the amount of payment shall be the lower of the actual acquisition costs of the drugs or the maximum allowable cost by the commissioner plus the fixed dispensing fee; or the usual and customary price charged to the public.  The amount of payment basis must be reduced to reflect all discount amounts applied to the charge by any provider/insurer agreement or contract for submitted charges to medical assistance programs.  The net submitted charge may not be greater than the patient liability for the service.  The pharmacy dispensing fee shall be $3.65 for legend prescription drugs, except that the dispensing fee for intravenous solutions which must be compounded by the pharmacist shall be $8 per bag, $14 per bag for cancer chemotherapy products, and $30 per bag for total parenteral nutritional products dispensed in one liter quantities, or $44 per bag for total parenteral nutritional products dispensed in quantities greater than one liter.  The pharmacy dispensing fee for over-the-counter drugs shall be $3.65, except that the fee shall be $1.31 for retrospectively billing pharmacies when billing for quantities less than the number of units contained in the manufacturer's original package.  Actual acquisition cost includes quantity and other special discounts except time and cash discounts.  The actual acquisition cost of a drug shall be estimated by the commissioner at wholesale acquisition cost plus four percent for independently owned pharmacies located in a designated rural area within Minnesota, and at wholesale acquisition cost plus two percent for all other pharmacies.  A pharmacy is "independently owned" if it is one of four or fewer pharmacies under the same ownership nationally.  A "designated rural area" means an area defined as a small rural area or isolated rural area according to the four-category classification of the Rural Urban Commuting Area system developed for the United States Health Resources and Services Administration.  Effective January 1, 2014, the actual acquisition cost of a drug acquired through the federal 340B Drug Pricing Program shall be estimated by the commissioner at wholesale acquisition cost minus 40 percent.  Wholesale acquisition cost is defined as the manufacturer's list price for a drug or biological to wholesalers or direct purchasers in the United States, not including prompt pay or other discounts, rebates, or reductions in price, for the most recent month for which information is available, as reported in wholesale price guides or other publications of drug or biological pricing data.  The maximum allowable cost of a multisource drug may be set by the commissioner and it shall be comparable to, but no higher than, the maximum amount paid by other third-party payors in this state who have maximum allowable cost programs.  Establishment of the amount of payment for drugs shall not be subject to the requirements of the Administrative Procedure Act.

 

(b) Pharmacies dispensing prescriptions to residents of long-term care facilities using an automated drug distribution system meeting the requirements of section 151.58, or a packaging system meeting the packaging standards set forth in Minnesota Rules, part 6800.2700, that govern the return of unused drugs to the pharmacy for reuse, may employ retrospective billing for prescriptions dispensed to long-term care facility residents.  A retrospectively billing pharmacy must submit a claim only for the quantity of medication used by the enrolled recipient during the defined billing period.  A retrospectively billing pharmacy must use a billing period of not less than one calendar month or 30 days.

 

(c) An additional dispensing fee of $.30 may be added to the dispensing fee paid to pharmacists for legend drug prescriptions dispensed to residents of long-term care facilities when a unit dose blister card system, approved by the department, is used.  Under this type of dispensing system, the pharmacist must dispense a 30-day supply of drug.  The National Drug Code (NDC) from the drug container used to fill the blister card must be identified on the claim to the department.  The unit dose blister card containing the drug must meet the packaging standards set forth in Minnesota Rules, part 6800.2700, that govern the return of unused drugs to the pharmacy for reuse.  The A pharmacy provider using packaging that meets the standards set forth in Minnesota Rules, part 6800.2700, subpart 2, will be required to credit the department for the actual acquisition cost of all unused drugs that are eligible for reuse, unless the pharmacy is using retrospective billing.  The commissioner may permit the drug clozapine to be dispensed in a quantity that is less than a 30-day supply.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2416

(c) (d) Whenever a maximum allowable cost has been set for a multisource drug, payment shall be the lower of the usual and customary price charged to the public or the maximum allowable cost established by the commissioner unless prior authorization for the brand name product has been granted according to the criteria established by the Drug Formulary Committee as required by subdivision 13f, paragraph (a), and the prescriber has indicated "dispense as written" on the prescription in a manner consistent with section 151.21, subdivision 2.

 

(d) (e) The basis for determining the amount of payment for drugs administered in an outpatient setting shall be the lower of the usual and customary cost submitted by the provider, 106 percent of the average sales price as determined by the United States Department of Health and Human Services pursuant to title XVIII, section 1847a of the federal Social Security Act, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner.  If average sales price is unavailable, the amount of payment must be lower of the usual and customary cost submitted by the provider, the wholesale acquisition cost, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner.  Effective January 1, 2014, the commissioner shall discount the payment rate for drugs obtained through the federal 340B Drug Pricing Program by 20 percent.  The payment for drugs administered in an outpatient setting shall be made to the administering facility or practitioner.  A retail or specialty pharmacy dispensing a drug for administration in an outpatient setting is not eligible for direct reimbursement.

 

(e) (f) The commissioner may negotiate lower reimbursement rates for specialty pharmacy products than the rates specified in paragraph (a).  The commissioner may require individuals enrolled in the health care programs administered by the department to obtain specialty pharmacy products from providers with whom the commissioner has negotiated lower reimbursement rates.  Specialty pharmacy products are defined as those used by a small number of recipients or recipients with complex and chronic diseases that require expensive and challenging drug regimens.  Examples of these conditions include, but are not limited to:  multiple sclerosis, HIV/AIDS, transplantation, hepatitis C, growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms of cancer.  Specialty pharmaceutical products include injectable and infusion therapies, biotechnology drugs, antihemophilic factor products, high-cost therapies, and therapies that require complex care.  The commissioner shall consult with the formulary committee to develop a list of specialty pharmacy products subject to this paragraph.  In consulting with the formulary committee in developing this list, the commissioner shall take into consideration the population served by specialty pharmacy products, the current delivery system and standard of care in the state, and access to care issues.  The commissioner shall have the discretion to adjust the reimbursement rate to prevent access to care issues.

 

(f) (g) Home infusion therapy services provided by home infusion therapy pharmacies must be paid at rates according to subdivision 8d.

 

EFFECTIVE DATE.  This section is effective January 1, 2016, or upon federal approval, whichever is later.

 

Sec. 12.  Minnesota Statutes 2014, section 256B.0625, subdivision 13h, is amended to read:

 

Subd. 13h.  Medication therapy management services.  (a) Medical assistance and general assistance medical care cover covers medication therapy management services for a recipient taking three or more prescriptions to treat or prevent one or more chronic medical conditions; a recipient with a drug therapy problem that is identified by the commissioner or identified by a pharmacist and approved by the commissioner; or prior authorized by the commissioner that has resulted or is likely to result in significant nondrug program costs.  The commissioner may cover medical therapy management services under MinnesotaCare if the commissioner determines this is cost‑effective.  For purposes of this subdivision, "medication therapy management" means the provision of the following pharmaceutical care services by a licensed pharmacist to optimize the therapeutic outcomes of the patient's medications:

 

(1) performing or obtaining necessary assessments of the patient's health status;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2417

(2) formulating a medication treatment plan;

 

(3) monitoring and evaluating the patient's response to therapy, including safety and effectiveness;

 

(4) performing a comprehensive medication review to identify, resolve, and prevent medication-related problems, including adverse drug events;

 

(5) documenting the care delivered and communicating essential information to the patient's other primary care providers;

 

(6) providing verbal education and training designed to enhance patient understanding and appropriate use of the patient's medications;

 

(7) providing information, support services, and resources designed to enhance patient adherence with the patient's therapeutic regimens; and

 

(8) coordinating and integrating medication therapy management services within the broader health care management services being provided to the patient.

 

Nothing in this subdivision shall be construed to expand or modify the scope of practice of the pharmacist as defined in section 151.01, subdivision 27.

 

(b) To be eligible for reimbursement for services under this subdivision, a pharmacist must meet the following requirements:

 

(1) have a valid license issued by the Board of Pharmacy of the state in which the medication therapy management service is being performed;

 

(2) have graduated from an accredited college of pharmacy on or after May 1996, or completed a structured and comprehensive education program approved by the Board of Pharmacy and the American Council of Pharmaceutical Education for the provision and documentation of pharmaceutical care management services that has both clinical and didactic elements;

 

(3) be practicing in an ambulatory care setting as part of a multidisciplinary team or have developed a structured patient care process that is offered in a private or semiprivate patient care area that is separate from the commercial business that also occurs in the setting, or in home settings, including long-term care settings, group homes, and facilities providing assisted living services, but excluding skilled nursing facilities; and

 

(4) make use of an electronic patient record system that meets state standards.

 

(c) For purposes of reimbursement for medication therapy management services, the commissioner may enroll individual pharmacists as medical assistance and general assistance medical care providers.  The commissioner may also establish contact requirements between the pharmacist and recipient, including limiting the number of reimbursable consultations per recipient.

 

(d) If there are no pharmacists who meet the requirements of paragraph (b) practicing within a reasonable geographic distance of the patient, a pharmacist who meets the requirements may provide the services via two-way interactive video.  Reimbursement shall be at the same rates and under the same conditions that would otherwise apply to the services provided.  To qualify for reimbursement under this paragraph, the pharmacist providing the services must meet the requirements of paragraph (b), and must be located within an ambulatory care setting approved by the commissioner that meets the requirements of paragraph (b), clause (3).  The patient must also be located within an ambulatory care setting approved by the commissioner that meets the requirements of paragraph (b), clause (3).  Services provided under this paragraph may not be transmitted into the patient's residence.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2418

(e) The commissioner shall establish a pilot project for an intensive medication therapy management program for patients identified by the commissioner with multiple chronic conditions and a high number of medications who are at high risk of preventable hospitalizations, emergency room use, medication complications, and suboptimal treatment outcomes due to medication-related problems.  For purposes of the pilot project, medication therapy management services may be provided in a patient's home or community setting, in addition to other authorized settings.  The commissioner may waive existing payment policies and establish special payment rates for the pilot project.  The pilot project must be designed to produce a net savings to the state compared to the estimated costs that would otherwise be incurred for similar patients without the program.  The pilot project must begin by January 1, 2010, and end June 30, 2012.

 

(e) Medication therapy management services may be delivered into a patient's residence via secure interactive video if the medication therapy management services are performed electronically during a covered home care visit by an enrolled provider.  Reimbursement shall be at the same rates and under the same conditions that would otherwise apply to the services provided.  To qualify for reimbursement under this paragraph, the pharmacist providing the services must meet the requirements of paragraph (b) and must be located within an ambulatory care setting that meets the requirements of paragraph (b), clause (3).

 

Sec. 13.  Minnesota Statutes 2014, section 256B.0625, subdivision 17, is amended to read:

 

Subd. 17.  Transportation costs.  (a) "Nonemergency medical transportation service" means motor vehicle transportation provided by a public or private person that serves Minnesota health care program beneficiaries who do not require emergency ambulance service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.  Nonemergency medical transportation service includes, but is not limited to, special transportation service, defined in section 174.29, subdivision 1.

 

(b) Medical assistance covers medical transportation costs incurred solely for obtaining emergency medical care or transportation costs incurred by eligible persons in obtaining emergency or nonemergency medical care when paid directly to an ambulance company, common carrier, or other recognized providers of transportation services.  Medical transportation must be provided by:

 

(1) nonemergency medical transportation providers who meet the requirements of this subdivision;

 

(2) ambulances, as defined in section 144E.001, subdivision 2;

 

(3) taxicabs and public transit, as defined in section 174.22, subdivision 7; or

 

(4) not-for-hire vehicles, including volunteer drivers.

 

(c) Medical assistance covers nonemergency medical transportation provided by nonemergency medical transportation providers enrolled in the Minnesota health care programs.  All nonemergency medical transportation providers must comply with the operating standards for special transportation service as defined in sections 174.29 to 174.30 and Minnesota Rules, chapter 8840, and in consultation with the Minnesota Department of Transportation.  All nonemergency medical transportation providers shall bill for nonemergency medical transportation services in accordance with Minnesota health care programs criteria.  Publicly operated transit systems, volunteers, and not‑for‑hire vehicles are exempt from the requirements outlined in this paragraph.

 

(d) The administrative agency of nonemergency medical transportation must:

 

(1) adhere to the policies defined by the commissioner in consultation with the Nonemergency Medical Transportation Advisory Committee;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2419

(2) pay nonemergency medical transportation providers for services provided to Minnesota health care programs beneficiaries to obtain covered medical services;

 

(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled trips, and number of trips by mode; and

 

(4) by July 1, 2016, in accordance with subdivision 18e, utilize a Web-based single administrative structure assessment tool that meets the technical requirements established by the commissioner, reconciles trip information with claims being submitted by providers, and ensures prompt payment for nonemergency medical transportation services.

 

(e) Until the commissioner implements the single administrative structure and delivery system under subdivision 18e, clients shall obtain their level-of-service certificate from the commissioner or an entity approved by the commissioner that does not dispatch rides for clients using modes under paragraph (h), clauses (4), (5), (6), and (7).

 

(f) The commissioner may use an order by the recipient's attending physician or a medical or mental health professional to certify that the recipient requires nonemergency medical transportation services.  Nonemergency medical transportation providers shall perform driver-assisted services for eligible individuals, when appropriate.  Driver-assisted service includes passenger pickup at and return to the individual's residence or place of business, assistance with admittance of the individual to the medical facility, and assistance in passenger securement or in securing of wheelchairs or stretchers in the vehicle.  Nonemergency medical transportation providers must have trip logs, which include pickup and drop-off times, signed by the medical provider or client attesting mileage traveled to obtain covered medical services, whichever is deemed most appropriate.  Nonemergency medical transportation providers may not bill for separate base rates for the continuation of a trip beyond the original destination.  Nonemergency medical transportation providers must take clients to the health care provider, using the most direct route, and must not exceed 30 miles for a trip to a primary care provider or 60 miles for a trip to a specialty care provider, unless the client receives authorization from the local agency.  The minimum medical assistance reimbursement rates for special transportation services are:

 

(1)(i) $17 for the base rate and $1.35 per mile for special transportation services to eligible persons who need a wheelchair-accessible van;

 

(ii) $11.50 for the base rate and $1.30 per mile for special transportation services to eligible persons who do not need a wheelchair-accessible van; and

 

(iii) $60 for the base rate and $2.40 per mile, and an attendant rate of $9 per trip, for special transportation services to eligible persons who need a stretcher-accessible vehicle; and

 

(2) clients requesting client mileage reimbursement must sign the trip log attesting mileage traveled to obtain covered medical services.

 

(g) The covered modes of nonemergency medical transportation include transportation provided directly by clients or family members of clients with their own transportation, volunteers using their own vehicles, taxicabs, and public transit, or provided to a client who needs a stretcher-accessible vehicle, a lift/ramp equipped vehicle, or a vehicle that is not stretcher-accessible or lift/ramp equipped designed to transport ten or fewer persons.  Upon implementation of a new rate structure, a new covered mode of nonemergency medical transportation shall include transportation provided to a client who needs a protected vehicle that is not an ambulance or police car and has safety locks, a video recorder, and a transparent thermoplastic partition between the passenger and the vehicle driver.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2420

(h) The administrative agency shall use the level of service process established by the commissioner in consultation with the Nonemergency Medical Transportation Advisory Committee to determine the client's most appropriate mode of transportation.  If public transit or a certified transportation provider is not available to provide the appropriate service mode for the client, the client may receive a onetime service upgrade.  The new modes of transportation, which may not be implemented without a new rate structure, are:

 

(1) client reimbursement, which includes client mileage reimbursement provided to clients who have their own transportation or family who provides transportation to the client;

 

(2) volunteer transport, which includes transportation by volunteers using their own vehicle;

 

(3) unassisted transport, which includes transportation provided to a client by a taxicab or public transit.  If a taxicab or publicly operated transit system is not available, the client can receive transportation from another nonemergency medical transportation provider;

 

(4) assisted transport, which includes transport provided to clients who require assistance by a nonemergency medical transportation provider;

 

(5) lift-equipped/ramp transport, which includes transport provided to a client who is dependent on a device and requires a nonemergency medical transportation provider with a vehicle containing a lift or ramp;

 

(6) protected transport, which includes transport to a client who has received a prescreening that has deemed other forms of transportation inappropriate and who requires a provider certified as a protected transport provider; and

 

(7) stretcher transport, which includes transport for a client in a prone or supine position and requires a nonemergency medical transportation provider with a vehicle that can transport a client in a prone or supine position.

 

(i) In accordance with subdivision 18e, by July 1, 2016, The local agency shall be the single administrative agency and shall administer and reimburse for modes defined in paragraph (h) according to a new rate structure, once this is adopted when the commissioner has developed, made available, and funded the Web-based single administrative structure, assessment tool, and level of need assessment under subdivision 18e.  The local agency's financial obligation is limited to funds provided by the state or the federal government.

 

(j) The commissioner shall:

 

(1) in consultation with the Nonemergency Medical Transportation Advisory Committee, verify that the mode and use of nonemergency medical transportation is appropriate;

 

(2) verify that the client is going to an approved medical appointment; and

 

(3) investigate all complaints and appeals.

 

(k) The administrative agency shall pay for the services provided in this subdivision and seek reimbursement from the commissioner, if appropriate.  As vendors of medical care, local agencies are subject to the provisions in section 256B.041, the sanctions and monetary recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.

 

(l) The base rates for special transportation services in areas defined under RUCA to be super rural shall be equal to the reimbursement rate established in paragraph (f), clause (1), plus 11.3 percent, and for special transportation services in areas defined under RUCA to be rural or super rural areas:


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2421

(1) for a trip equal to 17 miles or less, mileage reimbursement shall be equal to 125 percent of the respective mileage rate in paragraph (f), clause (1); and

 

(2) for a trip between 18 and 50 miles, mileage reimbursement shall be equal to 112.5 percent of the respective mileage rate in paragraph (f), clause (1).

 

(m) For purposes of reimbursement rates for special transportation services under paragraph (c), the zip code of the recipient's place of residence shall determine whether the urban, rural, or super rural reimbursement rate applies.

 

(n) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means a census-tract based classification system under which a geographical area is determined to be urban, rural, or super rural.

 

(o) Effective for services provided on or after September 1, 2011, nonemergency transportation rates, including special transportation, taxi, and other commercial carriers, are reduced 4.5 percent.  Payments made to managed care plans and county-based purchasing plans must be reduced for services provided on or after January 1, 2012, to reflect this reduction.

 

Sec. 14.  Minnesota Statutes 2014, section 256B.0625, subdivision 28a, is amended to read:

 

Subd. 28a.  Licensed physician assistant services.  (a) Medical assistance covers services performed by a licensed physician assistant if the service is otherwise covered under this chapter as a physician service and if the service is within the scope of practice of a licensed physician assistant as defined in section 147A.09.

 

(b) Licensed physician assistants, who are supervised by a physician certified by the American Board of Psychiatry and Neurology or eligible for board certification in psychiatry, may bill for medication management and evaluation and management services provided to medical assistance enrollees in inpatient hospital settings, and in outpatient settings after the licensed physician assistant completes 2,000 hours of clinical experience in the evaluation and treatment of mental health, consistent with their authorized scope of practice, as defined in section 147A.09, with the exception of performing psychotherapy or diagnostic assessments or providing clinical supervision.

 

Sec. 15.  Minnesota Statutes 2014, section 256B.0625, subdivision 31, is amended to read:

 

Subd. 31.  Medical supplies and equipment.  (a) Medical assistance covers medical supplies and equipment.  Separate payment outside of the facility's payment rate shall be made for wheelchairs and wheelchair accessories for recipients who are residents of intermediate care facilities for the developmentally disabled.  Reimbursement for wheelchairs and wheelchair accessories for ICF/DD recipients shall be subject to the same conditions and limitations as coverage for recipients who do not reside in institutions.  A wheelchair purchased outside of the facility's payment rate is the property of the recipient.  The commissioner may set reimbursement rates for specified categories of medical supplies at levels below the Medicare payment rate.

 

(b) Vendors of durable medical equipment, prosthetics, orthotics, or medical supplies must enroll as a Medicare provider.

 

(c) When necessary to ensure access to durable medical equipment, prosthetics, orthotics, or medical supplies, the commissioner may exempt a vendor from the Medicare enrollment requirement if:

 

(1) the vendor supplies only one type of durable medical equipment, prosthetic, orthotic, or medical supply;

 

(2) the vendor serves ten or fewer medical assistance recipients per year;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2422

(3) the commissioner finds that other vendors are not available to provide same or similar durable medical equipment, prosthetics, orthotics, or medical supplies; and

 

(4) the vendor complies with all screening requirements in this chapter and Code of Federal Regulations, title 42, part 455.  The commissioner may also exempt a vendor from the Medicare enrollment requirement if the vendor is accredited by a Centers for Medicare and Medicaid Services approved national accreditation organization as complying with the Medicare program's supplier and quality standards and the vendor serves primarily pediatric patients.

 

(d) Durable medical equipment means a device or equipment that:

 

(1) can withstand repeated use;

 

(2) is generally not useful in the absence of an illness, injury, or disability; and

 

(3) is provided to correct or accommodate a physiological disorder or physical condition or is generally used primarily for a medical purpose.

 

(e) Electronic tablets may be considered durable medical equipment if the electronic tablet will be used as an augmentative and alternative communication system as defined under subdivision 31a, paragraph (a).  To be covered by medical assistance, the device must be locked in order to prevent use not related to communication.

 

Sec. 16.  Minnesota Statutes 2014, section 256B.0625, subdivision 58, is amended to read:

 

Subd. 58.  Early and periodic screening, diagnosis, and treatment services.  Medical assistance covers early and periodic screening, diagnosis, and treatment services (EPSDT).  The payment amount for a complete EPSDT screening shall not include charges for vaccines health care services and products that are available at no cost to the provider and shall not exceed the rate established per Minnesota Rules, part 9505.0445, item M, effective October 1, 2010.

 

Sec. 17.  Minnesota Statutes 2014, section 256B.0631, is amended to read:

 

256B.0631 MEDICAL ASSISTANCE CO-PAYMENTS.

 

Subdivision 1.  Cost-sharing.  (a) Except as provided in subdivision 2, the medical assistance benefit plan shall include the following cost-sharing for all recipients, effective for services provided on or after September 1, 2011:

 

(1) $3 per nonpreventive visit, except as provided in paragraph (b).  For purposes of this subdivision, a visit means an episode of service which is required because of a recipient's symptoms, diagnosis, or established illness, and which is delivered in an ambulatory setting by a physician or physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse, audiologist, optician, or optometrist;

 

(2) $3.50 for nonemergency visits to a hospital-based emergency room, except that this co-payment shall be increased to $20 upon federal approval;

 

(3) $3 per brand-name drug prescription and $1 per generic drug prescription, subject to a $12 per month maximum for prescription drug co-payments.  No co-payments shall apply to antipsychotic drugs when used for the treatment of mental illness;

 

(4) effective January 1, 2012, a family deductible equal to the maximum amount allowed under Code of Federal Regulations, title 42, part 447.54 $2.75 per month per family and adjusted annually by the percentage increase in the medical care component of the CPI-U for the period of September to September of the preceding calendar year, rounded to the next higher five-cent increment; and


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2423

(5) for individuals identified by the commissioner with income at or below 100 percent of the federal poverty guidelines, total monthly cost-sharing must not exceed five percent of family income.  For purposes of this paragraph, family income is the total earned and unearned income of the individual and the individual's spouse, if the spouse is enrolled in medical assistance and also subject to the five percent limit on cost-sharing.  This paragraph does not apply to premiums charged to individuals described under section 256B.057, subdivision 9.

 

(b) Recipients of medical assistance are responsible for all co-payments and deductibles in this subdivision.

 

(c) Notwithstanding paragraph (b), the commissioner, through the contracting process under sections 256B.69 and 256B.692, may allow managed care plans and county-based purchasing plans to waive the family deductible under paragraph (a), clause (4).  The value of the family deductible shall not be included in the capitation payment to managed care plans and county-based purchasing plans.  Managed care plans and county-based purchasing plans shall certify annually to the commissioner the dollar value of the family deductible.

 

(d) Notwithstanding paragraph (b), the commissioner may waive the collection of the family deductible described under paragraph (a), clause (4), from individuals and allow long-term care and waivered service providers to assume responsibility for payment.

 

(e) Notwithstanding paragraph (b), the commissioner, through the contracting process under section 256B.0756 shall allow the pilot program in Hennepin County to waive co-payments.  The value of the co-payments shall not be included in the capitation payment amount to the integrated health care delivery networks under the pilot program.

 

Subd. 2.  Exceptions.  Co-payments and deductibles shall be subject to the following exceptions:

 

(1) children under the age of 21;

 

(2) pregnant women for services that relate to the pregnancy or any other medical condition that may complicate the pregnancy;

 

(3) recipients expected to reside for at least 30 days in a hospital, nursing home, or intermediate care facility for the developmentally disabled;

 

(4) recipients receiving hospice care;

 

(5) 100 percent federally funded services provided by an Indian health service;

 

(6) emergency services;

 

(7) family planning services;

 

(8) services that are paid by Medicare, resulting in the medical assistance program paying for the coinsurance and deductible;

 

(9) co-payments that exceed one per day per provider for nonpreventive visits, eyeglasses, and nonemergency visits to a hospital-based emergency room; and

 

(10) services, fee-for-service payments subject to volume purchase through competitive bidding.;

 

(11) American Indians who meet the requirements in Code of Federal Regulations, title 42, section 447.51;

 

(12) persons needing treatment for breast or cervical cancer as described under section 256B.057, subdivision 10; and


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2424

(13) services that currently have a rating of A or B from the United States Preventive Services Task Force (USPSTF), immunizations recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, and preventive services and screenings provided to women as described in Code of Federal Regulations, title 45, section 147.130.

 

Subd. 3.  Collection.  (a) The medical assistance reimbursement to the provider shall be reduced by the amount of the co-payment or deductible, except that reimbursements shall not be reduced:

 

(1) once a recipient has reached the $12 per month maximum for prescription drug co-payments; or

 

(2) for a recipient identified by the commissioner under 100 percent of the federal poverty guidelines who has met their monthly five percent cost-sharing limit.

 

(b) The provider collects the co-payment or deductible from the recipient.  Providers may not deny services to recipients who are unable to pay the co-payment or deductible.

 

(c) Medical assistance reimbursement to fee-for-service providers and payments to managed care plans shall not be increased as a result of the removal of co-payments or deductibles effective on or after January 1, 2009.

 

EFFECTIVE DATE.  The amendment to subdivision 1, paragraph (a), clause (4), is effective retroactively from January 1, 2014.

 

Sec. 18.  Minnesota Statutes 2014, section 256B.0644, is amended to read:

 

256B.0644 REIMBURSEMENT UNDER OTHER STATE HEALTH CARE PROGRAMS.

 

(a) A vendor of medical care, as defined in section 256B.02, subdivision 7, and a health maintenance organization, as defined in chapter 62D, must participate as a provider or contractor in the medical assistance program and MinnesotaCare as a condition of participating as a provider in health insurance plans and programs or contractor for state employees established under section 43A.18, the public employees insurance program under section 43A.316, for health insurance plans offered to local statutory or home rule charter city, county, and school district employees, the workers' compensation system under section 176.135, and insurance plans provided through the Minnesota Comprehensive Health Association under sections 62E.01 to 62E.19.  The limitations on insurance plans offered to local government employees shall not be applicable in geographic areas where provider participation is limited by managed care contracts with the Department of Human Services.  This section does not apply to dental service providers providing dental services outside the seven-county metropolitan area.

 

(b) For providers other than health maintenance organizations, participation in the medical assistance program means that:

 

(1) the provider accepts new medical assistance and MinnesotaCare patients;

 

(2) for providers other than dental service providers, at least 20 percent of the provider's patients are covered by medical assistance and MinnesotaCare as their primary source of coverage; or

 

(3) for dental service providers providing dental services in the seven-county metropolitan area, at least ten percent of the provider's patients are covered by medical assistance and MinnesotaCare as their primary source of coverage, or the provider accepts new medical assistance and MinnesotaCare patients who are children with special health care needs.  For purposes of this section, "children with special health care needs" means children up to age 18 who:  (i) require health and related services beyond that required by children generally; and (ii) have or are at risk for a chronic physical, developmental, behavioral, or emotional condition, including:  bleeding and coagulation


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2425

disorders; immunodeficiency disorders; cancer; endocrinopathy; developmental disabilities; epilepsy, cerebral palsy, and other neurological diseases; visual impairment or deafness; Down syndrome and other genetic disorders; autism; fetal alcohol syndrome; and other conditions designated by the commissioner after consultation with representatives of pediatric dental providers and consumers.

 

(c) Patients seen on a volunteer basis by the provider at a location other than the provider's usual place of practice may be considered in meeting the participation requirement in this section.  The commissioner shall establish participation requirements for health maintenance organizations.  The commissioner shall provide lists of participating medical assistance providers on a quarterly basis to the commissioner of management and budget, the commissioner of labor and industry, and the commissioner of commerce.  Each of the commissioners shall develop and implement procedures to exclude as participating providers in the program or programs under their jurisdiction those providers who do not participate in the medical assistance program.  The commissioner of management and budget shall implement this section through contracts with participating health and dental carriers.

 

(d) A volunteer dentist who has signed a volunteer agreement under section 256B.0625, subdivision 9a, shall not be considered to be participating in medical assistance or MinnesotaCare for the purpose of this section.

 

EFFECTIVE DATE.  This section is effective upon receipt of any necessary federal waiver or approval.  The commissioner of human services shall notify the revisor of statutes if a federal waiver or approval is sought and, if sought, when a federal waiver or approval is obtained.

 

Sec. 19.  [256B.0758] HEALTH CARE DELIVERY PILOT PROGRAM.

 

(a) The commissioner may establish a health care delivery pilot program to test alternative and innovative integrated health care delivery networks, including accountable care organizations or a community-based collaborative care network created by or including North Memorial Health Care.  If required, the commissioner shall seek federal approval of a new waiver request or amend an existing demonstration pilot project waiver.

 

(b) Individuals eligible for the pilot program shall be individuals who are eligible for medical assistance under section 256B.055.  The commissioner may identify individuals to be enrolled in the pilot program based on zip code or whether the individuals would benefit from an integrated health care delivery network.

 

(c) In developing a payment system for the pilot programs, the commissioner shall establish a total cost of care for the individuals enrolled in the pilot program that equals the cost of care that would otherwise be spent for these enrollees in the prepaid medical assistance program.

 

Sec. 20.  Minnesota Statutes 2014, section 256B.69, subdivision 5a, is amended to read:

 

Subd. 5a.  Managed care contracts.  (a) Managed care contracts under this section and section 256L.12 shall be entered into or renewed on a calendar year basis.  The commissioner may issue separate contracts with requirements specific to services to medical assistance recipients age 65 and older.

 

(b) A prepaid health plan providing covered health services for eligible persons pursuant to chapters 256B and 256L is responsible for complying with the terms of its contract with the commissioner.  Requirements applicable to managed care programs under chapters 256B and 256L established after the effective date of a contract with the commissioner take effect when the contract is next issued or renewed.

 

(c) The commissioner shall withhold five percent of managed care plan payments under this section and county‑based purchasing plan payments under section 256B.692 for the prepaid medical assistance program pending completion of performance targets.  Each performance target must be quantifiable, objective, measurable, and reasonably attainable, except in the case of a performance target based on a federal or state law or rule.  Criteria for


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2426

assessment of each performance target must be outlined in writing prior to the contract effective date.  Clinical or utilization performance targets and their related criteria must consider evidence-based research and reasonable interventions when available or applicable to the populations served, and must be developed with input from external clinical experts and stakeholders, including managed care plans, county-based purchasing plans, and providers.  The managed care or county-based purchasing plan must demonstrate, to the commissioner's satisfaction, that the data submitted regarding attainment of the performance target is accurate.  The commissioner shall periodically change the administrative measures used as performance targets in order to improve plan performance across a broader range of administrative services.  The performance targets must include measurement of plan efforts to contain spending on health care services and administrative activities.  The commissioner may adopt plan‑specific performance targets that take into account factors affecting only one plan, including characteristics of the plan's enrollee population.  The withheld funds must be returned no sooner than July of the following year if performance targets in the contract are achieved.  The commissioner may exclude special demonstration projects under subdivision 23.

 

(d) The commissioner shall require that managed care plans use the assessment and authorization processes, forms, timelines, standards, documentation, and data reporting requirements, protocols, billing processes, and policies consistent with medical assistance fee-for-service or the Department of Human Services contract requirements consistent with medical assistance fee-for-service or the Department of Human Services contract requirements for all personal care assistance services under section 256B.0659.

 

(e) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the health plan's emergency department utilization rate for medical assistance and MinnesotaCare enrollees, as determined by the commissioner.  For 2012, the reduction shall be based on the health plan's utilization in 2009.  To earn the return of the withhold each subsequent year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of no less than ten percent of the plan's emergency department utilization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, compared to the previous measurement year until the final performance target is reached.  When measuring performance, the commissioner must consider the difference in health risk in a managed care or county-based purchasing plan's membership in the baseline year compared to the measurement year, and work with the managed care or county-based purchasing plan to account for differences that they agree are significant.

 

The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that a reduction in the utilization rate was achieved.  The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.

 

The withhold described in this paragraph shall continue for each consecutive contract period until the plan's emergency room utilization rate for state health care program enrollees is reduced by 25 percent of the plan's emergency room utilization rate for medical assistance and MinnesotaCare enrollees for calendar year 2009.  Hospitals shall cooperate with the health plans in meeting this performance target and shall accept payment withholds that may be returned to the hospitals if the performance target is achieved.

 

(f) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the plan's hospitalization admission rate for medical assistance and MinnesotaCare enrollees, as determined by the commissioner.  To earn the return of the withhold each year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of no less than five percent of the plan's hospital admission rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, compared to the previous calendar year until the final performance target is reached.  When measuring performance, the commissioner must consider the difference in


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2427

health risk in a managed care or county-based purchasing plan's membership in the baseline year compared to the measurement year, and work with the managed care or county-based purchasing plan to account for differences that they agree are significant.

 

The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that this reduction in the hospitalization rate was achieved.  The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.

 

The withhold described in this paragraph shall continue until there is a 25 percent reduction in the hospital admission rate compared to the hospital admission rates in calendar year 2011, as determined by the commissioner.  The hospital admissions in this performance target do not include the admissions applicable to the subsequent hospital admission performance target under paragraph (g).  Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that may be returned to the hospitals if the performance target is achieved.

 

(g) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the plan's hospitalization admission rates for subsequent hospitalizations within 30 days of a previous hospitalization of a patient regardless of the reason, for medical assistance and MinnesotaCare enrollees, as determined by the commissioner.  To earn the return of the withhold each year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of the subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, of no less than five percent compared to the previous calendar year until the final performance target is reached.

 

The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that a qualifying reduction in the subsequent hospitalization rate was achieved.  The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.

 

The withhold described in this paragraph must continue for each consecutive contract period until the plan's subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, is reduced by 25 percent of the plan's subsequent hospitalization rate for calendar year 2011.  Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that must be returned to the hospitals if the performance target is achieved.

 

(h) Effective for services rendered on or after January 1, 2013, through December 31, 2013, the commissioner shall withhold 4.5 percent of managed care plan payments under this section and county-based purchasing plan payments under section 256B.692 for the prepaid medical assistance program.  The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year.  The commissioner may exclude special demonstration projects under subdivision 23.

 

(i) Effective for services rendered on or after January 1, 2014, the commissioner shall withhold three percent of managed care plan payments under this section and county-based purchasing plan payments under section 256B.692 for the prepaid medical assistance program.  The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year.  The commissioner may exclude special demonstration projects under subdivision 23.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2428

(j) A managed care plan or a county-based purchasing plan under section 256B.692 may include as admitted assets under section 62D.044 any amount withheld under this section that is reasonably expected to be returned.

 

(k) Contracts between the commissioner and a prepaid health plan are exempt from the set-aside and preference provisions of section 16C.16, subdivisions 6, paragraph (a), and 7.

 

(l) The return of the withhold under paragraphs (h) and (i) is not subject to the requirements of paragraph (c).

 

(m) Managed care plans and county-based purchasing plans shall maintain current and fully executed agreements for all subcontractors, including bargaining groups, for administrative services that are expensed to the state's public programs.  Subcontractor agreements of over $200,000 in annual payments must be in the form of a written instrument or electronic document containing the elements of offer, acceptance, and consideration, and must clearly indicate how the agreements relate to state public programs.  Upon request, the commissioner shall have access to all subcontractor documentation under this paragraph.  Nothing in this paragraph shall allow release of information that is nonpublic data pursuant to section 13.02.

 

Sec. 21.  Minnesota Statutes 2014, section 256B.69, subdivision 5i, is amended to read:

 

Subd. 5i.  Administrative expenses.  (a) Managed care plan and county-based purchasing plan Administrative costs for a prepaid health plan provided paid to managed care plans and county-based purchasing plans under this section or, section 256B.692, and section 256L.12 must not exceed by more than five 6.6 percent that prepaid health plan's or county-based purchasing plan's actual calculated administrative spending for the previous calendar year as a percentage of total revenue of total payments expected to be made to all managed care plans and county-based purchasing plans in aggregate across all state public programs at the beginning of each calendar year.  The penalty for exceeding this limit must be the amount of administrative spending in excess of 105 percent of the actual calculated amount.  The commissioner may waive this penalty if the excess administrative spending is the result of unexpected shifts in enrollment or member needs or new program requirements.  The commissioner may reduce or eliminate administrative requirements to meet the administrative cost limit.  For purposes of this paragraph, administrative costs do not include any state or federal taxes, surcharges, or assessments.

 

(b) The following expenses are not allowable administrative expenses for rate-setting purposes under this section:

 

(1) charitable contributions made by the managed care plan or the county-based purchasing plan;

 

(2) any portion of an individual's compensation in excess of $200,000 paid by the managed care plan or county‑based purchasing plan compensation of individuals within the organization, other than the medical director, in excess of $200,000 such that the allocation of compensation for an individual across all state public programs in total cannot exceed $200,000;

 

(3) any penalties or fines assessed against the managed care plan or county-based purchasing plan; and

 

(4) any indirect marketing or advertising expenses of the managed care plan or county-based purchasing plan. for marketing that does not specifically target state public programs beneficiaries and that has not been approved by the commissioner;

 

(5) any lobbying and political activities, events, or contributions;

 

(6) administrative expenses related to the provision of services not covered under the state plan or waiver;

 

(7) alcoholic beverages and related costs;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2429

(8) membership in any social, dining, or country club or organization; and

 

(9) entertainment, including amusement, diversion, and social activities, and any costs directly associated with these costs, including but not limited to tickets to shows or sporting events, meals, lodging, rentals, transportation, and gratuities.

 

For the purposes of this subdivision, compensation includes salaries, bonuses and incentives, other reportable compensation on an IRS 990 form, retirement and other deferred compensation, and nontaxable benefits.  Contributions include payments for or to any organization or entity selected by the health maintenance organization that is operated for charitable, educational, political, religious, or scientific purposes and not related to the provision of medical and administrative services covered under the state public programs, except to the extent that they improve access to or the quality of covered services for state public programs beneficiaries, or improve the health status of state public programs beneficiaries.

 

(c) Administrative expenses must be reported using the formats designated by the commissioner as part of the rate-setting process and must include, at a minimum, the following categories:

 

(1) employee benefit expenses;

 

(2) sales expenses;

 

(3) general business and office expenses;

 

(4) taxes and assessments;

 

(5) consulting and professional fees; and

 

(6) outsourced services.

 

Definitions of items to be included in each category shall be provided by the commissioner with quarterly financial filing requirements and shall be aligned with definitions used by the Departments of Commerce and Health in financial reporting for commercial carriers.  Where reasonably possible, expenses for an administrative item shall be directly allocated so as to assign costs for an item to an individual state public program when the cost can be specifically identified with and benefits the individual state public program.  For administrative services expensed to the state's public programs, managed care plans and county-based purchasing plans must clearly identify and separately record expense items listed under paragraph (b) in their accounting systems in a manner that allows for independent verification of unallowable expenses for purposes of determining payment rates for state public programs.

 

(d) The administrative expenses requirement of this subdivision also apply to demonstration providers under section 256B.0755.

 

Sec. 22.  Minnesota Statutes 2014, section 256B.69, subdivision 9c, is amended to read:

 

Subd. 9c.  Managed care financial reporting.  (a) The commissioner shall collect detailed data regarding financials, provider payments, provider rate methodologies, and other data as determined by the commissioner.  The commissioner, in consultation with the commissioners of health and commerce, and in consultation with managed care plans and county-based purchasing plans, shall set uniform criteria, definitions, and standards for the data to be submitted, and shall require managed care and county-based purchasing plans to comply with these criteria, definitions, and standards when submitting data under this section.  In carrying out the responsibilities of this subdivision, the commissioner shall ensure that the data collection is implemented in an integrated and coordinated


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2430

manner that avoids unnecessary duplication of effort.  To the extent possible, the commissioner shall use existing data sources and streamline data collection in order to reduce public and private sector administrative costs.  Nothing in this subdivision shall allow release of information that is nonpublic data pursuant to section 13.02.

 

(b) Effective January 1, 2014, each managed care and county-based purchasing plan must quarterly provide to the commissioner the following information on state public programs, in the form and manner specified by the commissioner, according to guidelines developed by the commissioner in consultation with managed care plans and county-based purchasing plans under contract:

 

(1) an income statement by program;

 

(2) financial statement footnotes;

 

(3) quarterly profitability by program and population group;

 

(4) a medical liability summary by program and population group;

 

(5) received but unpaid claims report by program;

 

(6) services versus payment lags by program for hospital services, outpatient services, physician services, other medical services, and pharmaceutical benefits;

 

(7) utilization reports that summarize utilization and unit cost information by program for hospitalization services, outpatient services, physician services, and other medical services;

 

(8) pharmaceutical statistics by program and population group for measures of price and utilization of pharmaceutical services;

 

(9) subcapitation expenses by population group;

 

(10) third-party payments by program;

 

(11) all new, active, and closed subrogation cases by program;

 

(12) all new, active, and closed fraud and abuse cases by program;

 

(13) medical loss ratios by program;

 

(14) administrative expenses by category and subcategory by program that reconcile to other state and federal regulatory agencies;

 

(15) revenues by program, including investment income;

 

(16) nonadministrative service payments, provider payments, and reimbursement rates by provider type or service category, by program, paid by the managed care plan under this section or the county-based purchasing plan under section 256B.692 to providers and vendors for administrative services under contract with the plan, including but not limited to:

 

(i) individual-level provider payment and reimbursement rate data;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2431

(ii) provider reimbursement rate methodologies by provider type, by program, including a description of alternative payment arrangements and payments outside the claims process;

 

(iii) data on implementation of legislatively mandated provider rate changes; and

 

(iv) individual-level provider payment and reimbursement rate data and plan-specific provider reimbursement rate methodologies by provider type, by program, including alternative payment arrangements and payments outside the claims process, provided to the commissioner under this subdivision are nonpublic data as defined in section 13.02;

 

(17) data on the amount of reinsurance or transfer of risk by program; and

 

(18) contribution to reserve, by program.

 

(c) In the event a report is published or released based on data provided under this subdivision, the commissioner shall provide the report to managed care plans and county-based purchasing plans 15 days prior to the publication or release of the report.  Managed care plans and county-based purchasing plans shall have 15 days to review the report and provide comment to the commissioner.

 

The quarterly reports shall be submitted to the commissioner no later than 60 days after the end of the previous quarter, except the fourth-quarter report, which shall be submitted by April 1 of each year.  The fourth-quarter report shall include audited financial statements, parent company audited financial statements, an income statement reconciliation report, and any other documentation necessary to reconcile the detailed reports to the audited financial statements.

 

(d) Managed care plans and county-based purchasing plans shall certify to the commissioner, for the purpose of managed care financial reporting for state public health care programs under this subdivision, that costs related to state public health care programs include only services covered under the state plan and waivers, and related allowable administrative expenses.  Managed care plans and county-based purchasing plans shall certify and report to the commissioner the dollar value of any unallowable and nonstate plan services, including both medical and administrative expenditures, for the purposes of managed care financial reporting under this subdivision.

 

(e) The financial reporting requirements of this subdivision also apply to demonstration providers under section 256B.0755.

 

Sec. 23.  Minnesota Statutes 2014, section 256B.69, subdivision 9d, is amended to read:

 

Subd. 9d.  Financial audit and quality assurance audits.  (a) The legislative auditor shall contract with an audit firm to conduct a biennial independent third-party financial audit of the information required to be provided by managed care plans and county-based purchasing plans under subdivision 9c, paragraph (b).  The audit shall be conducted in accordance with generally accepted government auditing standards issued by the United States Government Accountability Office.  The contract with the audit firm shall be designed and administered so as to render the independent third-party audit eligible for a federal subsidy, if available.  The contract shall require the audit to include a determination of compliance with the federal Medicaid rate certification process.  The contract shall require the audit to determine if the administrative expenses and investment income reported by the managed care plans and county-based purchasing plans are compliant with state and federal law.

 

(b) For purposes of this subdivision, "independent third party" means an audit firm that is independent in accordance with government auditing standards issued by the United States Government Accountability Office and licensed in accordance with chapter 326A.  An audit firm under contract to provide services in accordance with this subdivision must not have provided services to a managed care plan or county-based purchasing plan during the period for which the audit is being conducted.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2432

(c) (a) The commissioner shall require, in the request for bids and resulting contracts with managed care plans and county-based purchasing plans under this section and section 256B.692, that each managed care plan and county-based purchasing plan submit to and fully cooperate with the independent third-party financial audit audits by the legislative auditor under subdivision 9e of the information required under subdivision 9c, paragraph (b).  Each contract with a managed care plan or county-based purchasing plan under this section or section 256B.692 must provide the commissioner and the audit firm vendors contracting with the legislative auditor access to all data required to complete the audit.  For purposes of this subdivision, the contracting audit firm shall have the same investigative power as the legislative auditor under section 3.978, subdivision 2 audits under subdivision 9e.

 

(d) (b) Each managed care plan and county-based purchasing plan providing services under this section shall provide to the commissioner biweekly encounter data and claims data for state public health care programs and shall participate in a quality assurance program that verifies the timeliness, completeness, accuracy, and consistency of the data provided.  The commissioner shall develop written protocols for the quality assurance program and shall make the protocols publicly available.  The commissioner shall contract for an independent third-party audit to evaluate the quality assurance protocols as to the capacity of the protocols to ensure complete and accurate data and to evaluate the commissioner's implementation of the protocols.  The audit firm under contract to provide this evaluation must meet the requirements in paragraph (b).

 

(e) Upon completion of the audit under paragraph (a) and receipt by the legislative auditor, the legislative auditor shall provide copies of the audit report to the commissioner, the state auditor, the attorney general, and the chairs and ranking minority members of the health and human services finance committees of the legislature.  (c) Upon completion of the evaluation under paragraph (d) (b), the commissioner shall provide copies of the report to the legislative auditor and the chairs and ranking minority members of the health finance committees of the legislature legislative committees with jurisdiction over health care policy and financing.

 

(f) (d) Any actuary under contract with the commissioner to provide actuarial services must meet the independence requirements under the professional code for fellows in the Society of Actuaries and must not have provided actuarial services to a managed care plan or county-based purchasing plan that is under contract with the commissioner pursuant to this section and section 256B.692 during the period in which the actuarial services are being provided.  An actuary or actuarial firm meeting the requirements of this paragraph must certify and attest to the rates paid to the managed care plans and county-based purchasing plans under this section and section 256B.692, and the certification and attestation must be auditable.

 

(e) The commissioner may conduct ad hoc audits of the state public programs administrative and medical expenses of managed care organizations and county-based purchasing plans.  This includes:  financial and encounter data reported to the commissioner under subdivision 9c, including payments to providers and subcontractors; supporting documentation for expenditures; categorization of administrative and medical expenses; and allocation methods used to attribute administrative expenses to state public programs.  These audits also must monitor compliance with data and financial certifications provided to the commissioner for the purposes of managed care capitation payment rate-setting.  The managed care plans and county-based purchasing plans shall fully cooperate with the audits in this subdivision.

 

(g) (f) Nothing in this subdivision shall allow the release of information that is nonpublic data pursuant to section 13.02.

 

(g) The audit requirements of this subdivision also apply to demonstration providers under section 256B.0755.

 

Sec. 24.  Minnesota Statutes 2014, section 256B.69, is amended by adding a subdivision to read:

 

Subd. 9e.  Financial audits.  (a) The legislative auditor shall contract with vendors to conduct independent third-party financial audits of the Department of Human Services' use of the information required to be provided by managed care plans and county-based purchasing plans under subdivision 9c, paragraph (b).  The audits by the


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2433

vendors shall be conducted as vendor resources permit and in accordance with generally accepted government auditing standards issued by the United States Government Accountability Office.  The contract with the vendors shall be designed and administered so as to render the independent third-party audits eligible for a federal subsidy, if available.  The contract shall require the audits to include a determination of compliance by the Department of Human Services with the federal Medicaid rate certification process.

 

(b) For purposes of this subdivision, "independent third-party" means a vendor that is independent in accordance with government auditing standards issued by the United States Government Accountability Office.

 

Sec. 25.  Minnesota Statutes 2014, section 256B.69, is amended by adding a subdivision to read:

 

Subd. 36.  Information on health plan coverage.  The commissioner shall require each managed care plan and county-based purchasing plan to report the information required under section 62Q.671, subdivision 2, paragraph (b), as applicable, for health plans offered to medical assistance enrollees.  The commissioner shall make this information available to the public on the agency Web site.

 

EFFECTIVE DATE.  This section is effective July 1, 2017.

 

Sec. 26.  Minnesota Statutes 2014, section 256B.75, is amended to read:

 

256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.

 

(a) For outpatient hospital facility fee payments for services rendered on or after October 1, 1992, the commissioner of human services shall pay the lower of (1) submitted charge, or (2) 32 percent above the rate in effect on June 30, 1992, except for those services for which there is a federal maximum allowable payment.  Effective for services rendered on or after January 1, 2000, payment rates for nonsurgical outpatient hospital facility fees and emergency room facility fees shall be increased by eight percent over the rates in effect on December 31, 1999, except for those services for which there is a federal maximum allowable payment.  Services for which there is a federal maximum allowable payment shall be paid at the lower of (1) submitted charge, or (2) the federal maximum allowable payment.  Total aggregate payment for outpatient hospital facility fee services shall not exceed the Medicare upper limit.  If it is determined that a provision of this section conflicts with existing or future requirements of the United States government with respect to federal financial participation in medical assistance, the federal requirements prevail.  The commissioner may, in the aggregate, prospectively reduce payment rates to avoid reduced federal financial participation resulting from rates that are in excess of the Medicare upper limitations.

 

(b) Notwithstanding paragraph (a), payment for outpatient, emergency, and ambulatory surgery hospital facility fee services for critical access hospitals designated under section 144.1483, clause (9), shall be paid on a cost-based payment system that is based on the cost-finding methods and allowable costs of the Medicare program.

 

(c) Effective for services provided on or after July 1, 2003, rates that are based on the Medicare outpatient prospective payment system shall be replaced by a budget neutral prospective payment system that is derived using medical assistance data.  The commissioner shall provide a proposal to the 2003 legislature to define and implement this provision.

 

(d) For fee-for-service services provided on or after July 1, 2002, the total payment, before third-party liability and spenddown, made to hospitals for outpatient hospital facility services is reduced by .5 percent from the current statutory rate.

 

(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service services provided on or after July 1, 2003, made to hospitals for outpatient hospital facility services before third-party liability and spenddown, is reduced five percent from the current statutory rates.  Facilities defined under section 256.969, subdivision 16, are excluded from this paragraph.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2434

(f) In addition to the reductions in paragraphs (d) and (e), the total payment for fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient hospital facility services before third-party liability and spenddown, is reduced three percent from the current statutory rates.  Mental health services and facilities defined under section 256.969, subdivision 16, are excluded from this paragraph.

 

(g) Effective for services provided on or after July 1, 2015, rates established for critical access hospitals under paragraph (b) for the applicable payment year shall be the final payment and shall not be settled to actual costs.

 

Sec. 27.  Minnesota Statutes 2014, section 256B.76, subdivision 1, is amended to read:

 

Subdivision 1.  Physician reimbursement.  (a) Effective for services rendered on or after October 1, 1992, the commissioner shall make payments for physician services as follows:

 

(1) payment for level one Centers for Medicare and Medicaid Services' common procedural coding system codes titled "office and other outpatient services," "preventive medicine new and established patient," "delivery, antepartum, and postpartum care," "critical care," cesarean delivery and pharmacologic management provided to psychiatric patients, and level three codes for enhanced services for prenatal high risk, shall be paid at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992.  If the rate on any procedure code within these categories is different than the rate that would have been paid under the methodology in section 256B.74, subdivision 2, then the larger rate shall be paid;

 

(2) payments for all other services shall be paid at the lower of (i) submitted charges, or (ii) 15.4 percent above the rate in effect on June 30, 1992; and

 

(3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th percentile of 1989, less the percent in aggregate necessary to equal the above increases except that payment rates for home health agency services shall be the rates in effect on September 30, 1992.

 

(b) Effective for services rendered on or after January 1, 2000, payment rates for physician and professional services shall be increased by three percent over the rates in effect on December 31, 1999, except for home health agency and family planning agency services.  The increases in this paragraph shall be implemented January 1, 2000, for managed care.

 

(c) Effective for services rendered on or after July 1, 2009, payment rates for physician and professional services shall be reduced by five percent, except that for the period July 1, 2009, through June 30, 2010, payment rates shall be reduced by 6.5 percent for the medical assistance and general assistance medical care programs, over the rates in effect on June 30, 2009.  This reduction and the reductions in paragraph (d) do not apply to office or other outpatient visits, preventive medicine visits and family planning visits billed by physicians, advanced practice nurses, or physician assistants in a family planning agency or in one of the following primary care practices:  general practice, general internal medicine, general pediatrics, general geriatrics, and family medicine.  This reduction and the reductions in paragraph (d) do not apply to federally qualified health centers, rural health centers, and Indian health services.  Effective October 1, 2009, payments made to managed care plans and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment reduction described in this paragraph.

 

(d) Effective for services rendered on or after July 1, 2010, payment rates for physician and professional services shall be reduced an additional seven percent over the five percent reduction in rates described in paragraph (c).  This additional reduction does not apply to physical therapy services, occupational therapy services, and speech pathology and related services provided on or after July 1, 2010.  This additional reduction does not apply to physician services billed by a psychiatrist or an advanced practice nurse with a specialty in mental health.  Effective October 1, 2010, payments made to managed care plans and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment reduction described in this paragraph.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2435

(e) Effective for services rendered on or after September 1, 2011, through June 30, 2013, payment rates for physician and professional services shall be reduced three percent from the rates in effect on August 31, 2011.  This reduction does not apply to physical therapy services, occupational therapy services, and speech pathology and related services.

 

(f) Effective for services rendered on or after September 1, 2014, payment rates for physician and professional services, including physical therapy, occupational therapy, speech pathology, and mental health services shall be increased by five percent from the rates in effect on August 31, 2014.  In calculating this rate increase, the commissioner shall not include in the base rate for August 31, 2014, the rate increase provided under section 256B.76, subdivision 7.  This increase does not apply to federally qualified health centers, rural health centers, and Indian health services.  Payments made to managed care plans and county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.

 

(g) Effective for services rendered on or after July 1, 2015, payment rates for physical therapy, occupational therapy, and speech pathology and related services provided by a hospital meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause (4), shall be increased by 90 percent from the rates in effect on June 30, 2015.  Payments made to managed care plans and county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.

 

Sec. 28.  Minnesota Statutes 2014, section 256B.76, subdivision 2, is amended to read:

 

Subd. 2.  Dental reimbursement.  (a) Effective for services rendered on or after October 1, 1992, the commissioner shall make payments for dental services as follows:

 

(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992; and

 

(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th percentile of 1989, less the percent in aggregate necessary to equal the above increases.

 

(b) Beginning October 1, 1999, the payment for tooth sealants and fluoride treatments shall be the lower of
(1) submitted charge, or (2) 80 percent of median 1997 charges.

 

(c) Effective for services rendered on or after January 1, 2000, payment rates for dental services shall be increased by three percent over the rates in effect on December 31, 1999.

 

(d) Effective for services provided on or after January 1, 2002, payment for diagnostic examinations and dental x-rays provided to children under age 21 shall be the lower of (1) the submitted charge, or (2) 85 percent of median 1999 charges.

 

(e) The increases listed in paragraphs (b) and (c) shall be implemented January 1, 2000, for managed care.

 

(f) Effective for dental services rendered on or after October 1, 2010, by a state-operated dental clinic, payment shall be paid on a reasonable cost basis that is based on the Medicare principles of reimbursement.  This payment shall be effective for services rendered on or after January 1, 2011, to recipients enrolled in managed care plans or county-based purchasing plans.

 

(g) Beginning in fiscal year 2011, if the payments to state-operated dental clinics in paragraph (f), including state and federal shares, are less than $1,850,000 per fiscal year, a supplemental state payment equal to the difference between the total payments in paragraph (f) and $1,850,000 shall be paid from the general fund to state-operated services for the operation of the dental clinics.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2436

(h) If the cost-based payment system for state-operated dental clinics described in paragraph (f) does not receive federal approval, then state-operated dental clinics shall be designated as critical access dental providers under subdivision 4, paragraph (b), and shall receive the critical access dental reimbursement rate as described under subdivision 4, paragraph (a).

 

(i) Effective for services rendered on or after September 1, 2011, through June 30, 2013, payment rates for dental services shall be reduced by three percent.  This reduction does not apply to state-operated dental clinics in paragraph (f).

 

(j) Effective for services rendered on or after January 1, 2014, payment rates for dental services shall be increased by five percent from the rates in effect on December 31, 2013.  This increase does not apply to state‑operated dental clinics in paragraph (f), federally qualified health centers, rural health centers, and Indian health services.  Effective January 1, 2014, payments made to managed care plans and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment increase described in this paragraph.

 

(k) Effective for services rendered on or after July 1, 2015, payment rates for dental services shall be increased by five percent from the rates in effect on June 30, 2015.  This increase does not apply to state-operated dental clinics in paragraph (f), federally qualified health centers, rural health centers, and Indian health services.  Effective January 1, 2016, payments to managed care plans and county-based purchasing plans under sections 256B.69 and 256B.692 shall reflect the payment increase described in this paragraph.

 

Sec. 29.  Minnesota Statutes 2014, section 256B.766, is amended to read:

 

256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.

 

(a) Effective for services provided on or after July 1, 2009, total payments for basic care services, shall be reduced by three percent, except that for the period July 1, 2009, through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical assistance and general assistance medical care programs, prior to third-party liability and spenddown calculation.  Effective July 1, 2010, the commissioner shall classify physical therapy services, occupational therapy services, and speech-language pathology and related services as basic care services.  The reduction in this paragraph shall apply to physical therapy services, occupational therapy services, and speech‑language pathology and related services provided on or after July 1, 2010.

 

(b) Payments made to managed care plans and county-based purchasing plans shall be reduced for services provided on or after October 1, 2009, to reflect the reduction effective July 1, 2009, and payments made to the plans shall be reduced effective October 1, 2010, to reflect the reduction effective July 1, 2010.

 

(c) Effective for services provided on or after September 1, 2011, through June 30, 2013, total payments for outpatient hospital facility fees shall be reduced by five percent from the rates in effect on August 31, 2011.

 

(d) Effective for services provided on or after September 1, 2011, through June 30, 2013, total payments for ambulatory surgery centers facility fees, medical supplies and durable medical equipment not subject to a volume purchase contract, prosthetics and orthotics, renal dialysis services, laboratory services, public health nursing services, physical therapy services, occupational therapy services, speech therapy services, eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume purchase contract, and anesthesia services shall be reduced by three percent from the rates in effect on August 31, 2011.

 

(e) Effective for services provided on or after September 1, 2014, payments for ambulatory surgery centers facility fees, hospice services, renal dialysis services, laboratory services, public health nursing services, eyeglasses not subject to a volume purchase contract, and hearing aids not subject to a volume purchase contract shall be increased by three percent and payments for outpatient hospital facility fees shall be increased by three percent.  Payments made to managed care plans and county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2437

(f) Payments for medical supplies and durable medical equipment not subject to a volume purchase contract, and prosthetics and orthotics, provided on or after July 1, 2014, through June 30, 2015, shall be decreased by .33 percent.  Payments for medical supplies and durable medical equipment not subject to a volume purchase contract, and prosthetics and orthotics, provided on or after July 1, 2015, shall be increased by three percent from the rates in effect on June 30, 2014 as determined under paragraph (i).

 

(g) Effective for services provided on or after July 1, 2015, payments for outpatient hospital facility fees, medical supplies and durable medical equipment not subject to a volume purchase contract, prosthetics and orthotics, and laboratory services to a hospital meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause (4), shall be increased by 90 percent from the rates in effect on June 30, 2015.  Payments made to managed care plans and county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.

 

(h) This section does not apply to physician and professional services, inpatient hospital services, family planning services, mental health services, dental services, prescription drugs, medical transportation, federally qualified health centers, rural health centers, Indian health services, and Medicare cost-sharing.

 

(i) Effective July 1, 2015, the medical assistance payment rate for durable medical equipment, prosthetics, orthotics, or supplies shall be restored to the January 1, 2008, medical assistance fee schedule, updated to include subsequent rate increases in the Medicare and medical assistance fee schedules, and including individually priced items for the following categories:  enteral nutrition and supplies, customized and other specialized tracheostomy tubes and supplies, electric patient lifts, and durable medical equipment repair and service.  This paragraph does not apply to medical supplies and durable medical equipment subject to a volume purchase contract, products subject to the preferred diabetic testing supply program, and items provided to dually eligible recipients when Medicare is the primary payer for the item.

 

Sec. 30.  Minnesota Statutes 2014, section 256B.767, is amended to read:

 

256B.767 MEDICARE PAYMENT LIMIT.

 

(a) Effective for services rendered on or after July 1, 2010, fee-for-service payment rates for physician and professional services under section 256B.76, subdivision 1, and basic care services subject to the rate reduction specified in section 256B.766, shall not exceed the Medicare payment rate for the applicable service, as adjusted for any changes in Medicare payment rates after July 1, 2010.  The commissioner shall implement this section after any other rate adjustment that is effective July 1, 2010, and shall reduce rates under this section by first reducing or eliminating provider rate add-ons.

 

(b) This section does not apply to services provided by advanced practice certified nurse midwives licensed under chapter 148 or traditional midwives licensed under chapter 147D.  Notwithstanding this exemption, medical assistance fee-for-service payment rates for advanced practice certified nurse midwives and licensed traditional midwives shall equal and shall not exceed the medical assistance payment rate to physicians for the applicable service.

 

(c) This section does not apply to mental health services or physician services billed by a psychiatrist or an advanced practice registered nurse with a specialty in mental health.

 

(d) Effective for durable medical equipment, prosthetics, orthotics, or supplies provided on or after July 1, 2013, through June 30, 2015, the payment rate for items that are subject to the rates established under Medicare's National Competitive Bidding Program shall be equal to the rate that applies to the same item when not subject to the rate established under Medicare's National Competitive Bidding Program.  This paragraph does not apply to mail-order diabetic supplies and does not apply to items provided to dually eligible recipients when Medicare is the primary payer of the item.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2438

(d) Effective July 1, 2015, this section shall not apply to durable medical equipment, prosthetics, orthotics, or supplies.

 

(e) This section does not apply to physical therapy, occupational therapy, speech pathology and related services, and basic care services provided by a hospital meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause (4).

 

Sec. 31.  Laws 2008, chapter 363, article 18, section 3, subdivision 5, is amended to read:

 

Subd. 5.  Basic Health Care Grants

 

 

 

 

 

(a) MinnesotaCare Grants

 

 

 

 

 

Health Care Access

 

-0-

 

(770,000)

 

Incentive Program and Outreach Grants.  Of the appropriation for the Minnesota health care outreach program in Laws 2007, chapter 147, article 19, section 3, subdivision 7, paragraph (b):

 

(1) $400,000 in fiscal year 2009 from the general fund and $200,000 in fiscal year 2009 from the health care access fund are for the incentive program under Minnesota Statutes, section 256.962, subdivision 5.  For the biennium beginning July 1, 2009, base level funding for this activity shall be $360,000 from the general fund and $160,000 from the health care access fund; and

 

(2) $100,000 in fiscal year 2009 from the general fund and $50,000 in fiscal year 2009 from the health care access fund are for the outreach grants under Minnesota Statutes, section 256.962, subdivision 2.  For the biennium beginning July 1, 2009, base level funding for this activity shall be $90,000 from the general fund and $40,000 from the health care access fund.

 

(b) MA Basic Health Care Grants - Families and Children

-0-

 

(17,280,000)

 

Third-Party Liability.  (a) During fiscal year 2009, the commissioner shall employ a contractor paid on a percentage basis to improve third-party collections.  Improvement initiatives may include, but not be limited to, efforts to improve postpayment collection from nonresponsive claims and efforts to uncover third‑party payers the commissioner has been unable to identify.

 

(b) In fiscal year 2009, the first $1,098,000 of recoveries, after contract payments and federal repayments, is appropriated to the commissioner for technology-related expenses.

 

Administrative Costs.  (a) For contracts effective on or after January 1, 2009, the commissioner shall limit aggregate administrative costs paid to managed care plans under Minnesota Statutes, section 256B.69, and to county-based purchasing plans under Minnesota Statutes, section 256B.692, to an overall average


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2439

of 6.6 percent of total contract payments under Minnesota Statutes, sections 256B.69 and 256B.692, for each calendar year.  For purposes of this paragraph, administrative costs do not include premium taxes paid under Minnesota Statutes, section 297I.05, subdivision 5, and provider surcharges paid under Minnesota Statutes, section 256.9657, subdivision 3.

 

(b) Notwithstanding any law to the contrary, the commissioner may reduce or eliminate administrative requirements to meet the administrative target under paragraph (a). 

 

(c) Notwithstanding any contrary provision of this article, this rider shall not expire.

 

Hospital Payment Delay.  Notwithstanding Laws 2005, First Special Session chapter 4, article 9, section 2, subdivision 6, payments from the Medicaid Management Information System that would otherwise have been made for inpatient hospital services for medical assistance enrollees are delayed as follows:  (1) for fiscal year 2008, June payments must be included in the first payments in fiscal year 2009; and (2) for fiscal year 2009, June payments must be included in the first payment of fiscal year 2010.  The provisions of Minnesota Statutes, section 16A.124, do not apply to these delayed payments.  Notwithstanding any contrary provision in this article, this paragraph expires on June 30, 2010.

 

(c) MA Basic Health Care Grants - Elderly and Disabled

(14,028,000)

 

(9,368,000)

 

Minnesota Disability Health Options Rate Setting Methodology.  The commissioner shall develop and implement a methodology for risk adjusting payments for community alternatives for disabled individuals (CADI) and traumatic brain injury (TBI) home and community-based waiver services delivered under the Minnesota disability health options program (MnDHO) effective January 1, 2009.  The commissioner shall take into account the weighting system used to determine county waiver allocations in developing the new payment methodology.  Growth in the number of enrollees receiving CADI or TBI waiver payments through MnDHO is limited to an increase of 200 enrollees in each calendar year from January 2009 through December 2011.  If those limits are reached, additional members may be enrolled in MnDHO for basic care services only as defined under Minnesota Statutes, section 256B.69, subdivision 28, and the commissioner may establish a waiting list for future access of MnDHO members to those waiver services.

 

MA Basic Elderly and Disabled Adjustments.  For the fiscal year ending June 30, 2009, the commissioner may adjust the rates for each service affected by rate changes under this section in such a manner across the fiscal year to achieve the necessary cost savings and minimize disruption to service providers, notwithstanding the requirements of Laws 2007, chapter 147, article 7, section 71.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2440

(d) General Assistance Medical Care Grants

 

-0-

 

(6,971,000)

 

(e) Other Health Care Grants

 

-0-

 

(17,000)

 

MinnesotaCare Outreach Grants Special Revenue Account.  The balance in the MinnesotaCare outreach grants special revenue account on July 1, 2009, estimated to be $900,000, must be transferred to the general fund.

 

Grants Reduction.  Effective July 1, 2008, base level funding for nonforecast, general fund health care grants issued under this paragraph shall be reduced by 1.8 percent at the allotment level.

 

Sec. 32.  REDUCTION IN ADMINISTRATIVE COSTS.

 

The commissioner of human services, when contracting with managed care and county-based purchasing plans for the provision of services under Minnesota Statutes, sections 256B.69 and 256B.692, for calendar years 2016 and 2017, shall negotiate reductions in managed care and county-based purchasing plan administrative costs, sufficient to achieve a state medical assistance savings of $100,000,000 for the biennium ending June 30, 2017.

 

Sec. 33.  ADVISORY GROUP ON ADMINISTRATIVE EXPENSES.

 

Subdivision 1.  Duties.  The commissioner of health shall reconvene the Advisory Group on Administrative Expenses, established under Laws 2010, First Special Session chapter 1, article 20, section 3, to develop detailed standards and procedures for examining the reasonableness of administrative expenses by individual state public programs.  The advisory group shall develop consistent guidelines, definitions, and reporting requirements, including a common standardized public reporting template for health maintenance organizations and county-based purchasing plans that participate in state public programs.  The advisory group shall take into consideration relevant reporting standards of the National Association of Insurance Commissioners and the Centers for Medicare and Medicaid Services.  The advisory group shall expire on January 1, 2016.

 

Subd. 2.  Membership.  The advisory group shall be composed of the following members, who serve at the pleasure of their appointing authority:

 

(1) the commissioner of health or the commissioner's designee;

 

(2) the commissioner of human services or the commissioner's designee;

 

(3) the commissioner of commerce or the commissioner's designee; and

 

(4) representatives of health maintenance organizations and county-based purchasing plans appointed by the commissioner of health.

 

Sec. 34.  CAPITATION PAYMENT DELAY.

 

(a) The commissioner of human services shall delay $135,000,000 of the medical assistance capitation payment to managed care plans and county-based purchasing plans due in May 2017 and the payment due in April 2017 for special needs basic care until July 1, 2017.  The payment shall be made no earlier than July 1, 2017, and no later than July 31, 2017.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2441

(b) The commissioner of human services shall delay $135,000,000 of the medical assistance capitation payment to managed care plans and county-based purchasing plans due in the second quarter of calendar year 2019 and the April 2019 payment for special needs basic care until July 1, 2019.  The payment shall be made no earlier than July 1, 2019, and no later than July 31, 2019.

 

Sec. 35.  HEALTH AND ECONOMIC ASSISTANCE PROGRAM ELIGIBILITY VERIFICATION AUDIT SERVICES.

 

Subdivision 1.  Request for proposals.  By October 1, 2015, the commissioner of human services shall issue a request for proposals for a contract to provide eligibility verification audit services for benefits provided through health and economic assistance programs.  The request for proposals must require that the vendor:

 

(1) conduct an eligibility verification audit of all health and economic assistance program recipients that includes, but is not limited to, appropriate data matching against relevant state and federal databases;

 

(2) identify any ineligible recipients in these programs and report those findings to the commissioner; and

 

(3) identify a process for ongoing eligibility verification of health and economic assistance program recipients and applicants, following the conclusion of the eligibility verification audit required by this section.

 

Subd. 2.  Additional vendor criteria.  The request for proposals must require the vendor to provide the following minimum capabilities and experience in performing the services described in subdivision 1:

 

(1) a rules-based process for making objective eligibility determinations;

 

(2) assigned eligibility advocates to assist recipients through the verification process;

 

(3) a formal claims and appeals process; and

 

(4) experience in the performance of eligibility verification audits.

 

Subd. 3.  Contract required.  (a) By January 1, 2016, the commissioner must enter into a contract for the services specified in subdivision 1.  The contract must:

 

(1) incorporate performance-based vendor financing that compensates the vendor based on the amount of savings generated by the work performed under the contract;

 

(2) require the vendor to reimburse the commissioner and county agencies for all reasonable costs incurred in implementing this section, out of savings generated by the work performed under the contract;

 

(3) require the vendor to comply with enrollee data privacy requirements and to use encryption to safeguard enrollee identity; and

 

(4) provide penalties for vendor noncompliance.

 

(b) The commissioner may renew the contract for up to three additional one-year periods.  The commissioner may require additional eligibility verification audits, if the commissioner or the legislative auditor determines that the MNsure information technology system and agency eligibility determination systems cannot effectively verify the eligibility of health and economic assistance program recipients.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2442

Subd. 4.  Health and economic assistance program.  For purposes of this section, "health and economic assistance program" means the medical assistance program under Minnesota Statutes, chapter 256B, Minnesota family investment and diversionary work programs under Minnesota Statutes, chapter 256J, child care assistance programs under Minnesota Statutes, chapter 119B, general assistance under Minnesota Statutes, sections 256D.01 to 256D.23, alternative care program under Minnesota Statutes, section 256B.0913, and chemical dependency programs funded under Minnesota Statutes, chapter 254B.

 

Sec. 36.  REQUEST FOR PROPOSALS.

 

(a) The commissioner of human services shall issue a request for proposals for a contract to use technologically advanced software and services to improve the identification and rejection or elimination of:

 

(1) improper Medicaid payments before payment is made to the provider; and

 

(2) improper provision of benefits by a health and economic assistance program to ineligible individuals.

 

(b) The request for proposals must ensure that a system recommended and implemented by the contractor will:

 

(1) implement a more comprehensive, robust, and technologically advanced improper payments and benefits identification program;

 

(2) utilize state of the art fraud detection methods and technologies such as predictive modeling, link analysis, and anomaly and outlier detection;

 

(3) have the ability to identify and report improper claims before the claims are paid;

 

(4) have the ability to identify and report the improper provision of benefits under a health and economic assistance program;

 

(5) include a mechanism so that the system improves its detection capabilities over time;

 

(6) leverage technology to make the Medicaid claims evaluation process more transparent and cost-efficient; and

 

(7) result in increased state savings by reducing or eliminating payouts of wrongful Medicaid claims and the improper provision of health and economic assistance program benefits.

 

(c) Based on responses to the request for proposals, the commissioner must enter into a contract for the services specified in paragraphs (a) and (b) by October 1, 2015.  The contract shall incorporate a performance-based vendor financing option whereby the vendor shares in the risk of the project's success.

 

(d) For purposes of this section, "health and economic assistance program" means the medical assistance program under Minnesota Statutes, chapter 256B, Minnesota family investment and diversionary work programs under Minnesota Statutes, chapter 256J, child care assistance programs under Minnesota Statutes, chapter 119B, general assistance under Minnesota Statutes, sections 256D.01 to 256D.23, alternative care program under Minnesota Statutes, section 256B.0913, and chemical dependency programs funded under Minnesota Statutes, chapter 254B.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2443

Sec. 37.  FEDERAL WAIVER OR APPROVAL.

 

The commissioner of human services shall seek any federal waiver or approval necessary to implement the amendments to Minnesota Statutes, section 256B.0644.

 

ARTICLE 2

MINNESOTACARE

 

Section 1.  Minnesota Statutes 2014, section 62V.05, subdivision 5, is amended to read:

 

Subd. 5.  Health carrier and health plan requirements; participation.  (a) Beginning January 1, 2015, the board may establish certification requirements for health carriers and health plans to be offered through MNsure that satisfy federal requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.

 

(b) Paragraph (a) does not apply if by June 1, 2013, the legislature enacts regulatory requirements that:

 

(1) apply uniformly to all health carriers and health plans in the individual market;

 

(2) apply uniformly to all health carriers and health plans in the small group market; and

 

(3) satisfy minimum federal certification requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.

 

(c) In accordance with section 1311(e) of the Affordable Care Act, Public Law 111-148, the board shall establish policies and procedures for certification and selection of health plans to be offered as qualified health plans through MNsure.  The board shall certify and select a health plan as a qualified health plan to be offered through MNsure, if:

 

(1) the health plan meets the minimum certification requirements established in paragraph (a) or the market regulatory requirements in paragraph (b);

 

(2) the board determines that making the health plan available through MNsure is in the interest of qualified individuals and qualified employers;

 

(3) the health carrier applying to offer the health plan through MNsure also applies to offer health plans at each actuarial value level and service area that the health carrier currently offers in the individual and small group markets; and

 

(4) the health carrier does not apply to offer health plans in the individual and small group markets through MNsure under a separate license of a parent organization or holding company under section 60D.15, that is different from what the health carrier offers in the individual and small group markets outside MNsure.

 

(d) In determining the interests of qualified individuals and employers under paragraph (c), clause (2), the board may not exclude a health plan for any reason specified under section 1311(e)(1)(B) of the Affordable Care Act, Public Law 111-148.  The board may consider:

 

(1) affordability;

 

(2) quality and value of health plans;

 

(3) promotion of prevention and wellness;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2444

(4) promotion of initiatives to reduce health disparities;

 

(5) market stability and adverse selection;

 

(6) meaningful choices and access;

 

(7) alignment and coordination with state agency and private sector purchasing strategies and payment reform efforts; and

 

(8) other criteria that the board determines appropriate.

 

(e) For qualified health plans offered through MNsure on or after January 1, 2015, the board shall establish policies and procedures under paragraphs (c) and (d) for selection of health plans to be offered as qualified health plans through MNsure by February 1 of each year, beginning February 1, 2014.  The board shall consistently and uniformly apply all policies and procedures and any requirements, standards, or criteria to all health carriers and health plans.  For any policies, procedures, requirements, standards, or criteria that are defined as rules under section 14.02, subdivision 4, the board may use the process described in subdivision 9.

 

(f) For 2014, the board shall not have the power to select health carriers and health plans for participation in MNsure.  The board shall permit all health plans that meet the certification requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148, to be offered through MNsure.

 

(g) Under this subdivision, the board shall have the power to verify that health carriers and health plans are properly certified to be eligible for participation in MNsure.

 

(h) The board has the authority to decertify health carriers and health plans that fail to maintain compliance with section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.

 

(i) For qualified health plans offered through MNsure beginning January 1, 2015, health carriers must use the most current addendum for Indian health care providers approved by the Centers for Medicare and Medicaid Services and the tribes as part of their contracts with Indian health care providers.  MNsure shall comply with all future changes in federal law with regard to health coverage for the tribes.

 

(j) Health carriers offering coverage through MNsure shall provide a premium advance to qualified individuals eligible for a state tax credit under section 290.0661, equal to the amount of the tax credit calculated under that section.  Individuals receiving a premium advance under this paragraph must pay to the health carrier the full amount of the premium advance by April 15 of the year following the coverage year for which the premium advance was provided.  The MNsure eligibility system must automatically notify health carriers: 

 

(1) if an enrollee is eligible for a state tax credit under section 290.0661; and

 

(2) the amount of the applicable state tax credit.

 

EFFECTIVE DATE.  This section is effective for taxable years beginning after December 31, 2015.

 

Sec. 2.  Minnesota Statutes 2014, section 256.98, subdivision 1, is amended to read:

 

Subdivision 1.  Wrongfully obtaining assistance.  A person who commits any of the following acts or omissions with intent to defeat the purposes of sections 145.891 to 145.897, the MFIP program formerly codified in sections 256.031 to 256.0361, the AFDC program formerly codified in sections 256.72 to 256.871, chapters 256B, 256D, 256J, 256K, or 256L, and child care assistance programs, is guilty of theft and shall be sentenced under section 609.52, subdivision 3, clauses (1) to (5):


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2445

(1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation, by intentional concealment of any material fact, or by impersonation or other fraudulent device, assistance or the continued receipt of assistance, to include child care assistance or vouchers produced according to sections 145.891 to 145.897 and MinnesotaCare services according to sections premium assistance under section 256.9365, 256.94, and 256L.01 to 256L.15, to which the person is not entitled or assistance greater than that to which the person is entitled;

 

(2) knowingly aids or abets in buying or in any way disposing of the property of a recipient or applicant of assistance without the consent of the county agency; or

 

(3) obtains or attempts to obtain, alone or in collusion with others, the receipt of payments to which the individual is not entitled as a provider of subsidized child care, or by furnishing or concurring in a willfully false claim for child care assistance.

 

The continued receipt of assistance to which the person is not entitled or greater than that to which the person is entitled as a result of any of the acts, failure to act, or concealment described in this subdivision shall be deemed to be continuing offenses from the date that the first act or failure to act occurred.

 

EFFECTIVE DATE.  This section is effective January 1, 2016.

 

Sec. 3.  Minnesota Statutes 2014, section 256B.021, subdivision 4, is amended to read:

 

Subd. 4.  Projects.  The commissioner shall request permission and funding to further the following initiatives.

 

(a) Health care delivery demonstration projects.  This project involves testing alternative payment and service delivery models in accordance with sections 256B.0755 and 256B.0756.  These demonstrations will allow the Minnesota Department of Human Services to engage in alternative payment arrangements with provider organizations that provide services to a specified patient population for an agreed upon total cost of care or risk/gain sharing payment arrangement, but are not limited to these models of care delivery or payment.  Quality of care and patient experience will be measured and incorporated into payment models alongside the cost of care.  Demonstration sites should include Minnesota health care programs fee-for-services recipients and managed care enrollees and support a robust primary care model and improved care coordination for recipients.

 

(b) Promote personal responsibility and encourage and reward healthy outcomes.  This project provides Medicaid funding to provide individual and group incentives to encourage healthy behavior, prevent the onset of chronic disease, and reward healthy outcomes.  Focus areas may include diabetes prevention and management, tobacco cessation, reducing weight, lowering cholesterol, and lowering blood pressure.

 

(c) Encourage utilization of high quality, cost-effective care.  This project creates incentives through Medicaid and MinnesotaCare enrollee cost-sharing and other means to encourage the utilization of high-quality, low-cost, high-value providers, as determined by the state's provider peer grouping initiative under section 62U.04.

 

(d) Adults without children.  This proposal includes requesting federal authority to impose a limit on assets for adults without children in medical assistance, as defined in section 256B.055, subdivision 15, who have a household income equal to or less than 75 percent of the federal poverty limit, and to impose a 180-day durational residency requirement in MinnesotaCare, consistent with section 256L.09, subdivision 4, for adults without children, regardless of income.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2446

(e) Empower and encourage work, housing, and independence.  This project provides services and supports for individuals who have an identified health or disabling condition but are not yet certified as disabled, in order to delay or prevent permanent disability, reduce the need for intensive health care and long-term care services and supports, and to help maintain or obtain employment or assist in return to work.  Benefits may include:

 

(1) coordination with health care homes or health care coordinators;

 

(2) assessment for wellness, housing needs, employment, planning, and goal setting;

 

(3) training services;

 

(4) job placement services;

 

(5) career counseling;

 

(6) benefit counseling;

 

(7) worker supports and coaching;

 

(8) assessment of workplace accommodations;

 

(9) transitional housing services; and

 

(10) assistance in maintaining housing.

 

(f) Redesign home and community-based services.  This project realigns existing funding, services, and supports for people with disabilities and older Minnesotans to ensure community integration and a more sustainable service system.  This may involve changes that promote a range of services to flexibly respond to the following needs:

 

(1) provide people less expensive alternatives to medical assistance services;

 

(2) offer more flexible and updated community support services under the Medicaid state plan;

 

(3) provide an individual budget and increased opportunity for self-direction;

 

(4) strengthen family and caregiver support services;

 

(5) allow persons to pool resources or save funds beyond a fiscal year to cover unexpected needs or foster development of needed services;

 

(6) use of home and community-based waiver programs for people whose needs cannot be met with the expanded Medicaid state plan community support service options;

 

(7) target access to residential care for those with higher needs;

 

(8) develop capacity within the community for crisis intervention and prevention;

 

(9) redesign case management;

 

(10) offer life planning services for families to plan for the future of their child with a disability;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2447

(11) enhance self-advocacy and life planning for people with disabilities;

 

(12) improve information and assistance to inform long-term care decisions; and

 

(13) increase quality assurance, performance measurement, and outcome-based reimbursement.

 

This project may include different levels of long-term supports that allow seniors to remain in their homes and communities, and expand care transitions from acute care to community care to prevent hospitalizations and nursing home placement.  The levels of support for seniors may range from basic community services for those with lower needs, access to residential services if a person has higher needs, and targets access to nursing home care to those with rehabilitation or high medical needs.  This may involve the establishment of medical need thresholds to accommodate the level of support needed; provision of a long-term care consultation to persons seeking residential services, regardless of payer source; adjustment of incentives to providers and care coordination organizations to achieve desired outcomes; and a required coordination with medical assistance basic care benefit and Medicare/Medigap benefit.  This proposal will improve access to housing and improve capacity to maintain individuals in their existing home; adjust screening and assessment tools, as needed; improve transition and relocation efforts; seek federal financial participation for alternative care and essential community supports; and provide Medigap coverage for people having lower needs.

 

(g) Coordinate and streamline services for people with complex needs, including those with multiple diagnoses of physical, mental, and developmental conditions.  This project will coordinate and streamline medical assistance benefits for people with complex needs and multiple diagnoses.  It would include changes that:

 

(1) develop community-based service provider capacity to serve the needs of this group;

 

(2) build assessment and care coordination expertise specific to people with multiple diagnoses;

 

(3) adopt service delivery models that allow coordinated access to a range of services for people with complex needs;

 

(4) reduce administrative complexity;

 

(5) measure the improvements in the state's ability to respond to the needs of this population; and

 

(6) increase the cost-effectiveness for the state budget.

 

(h) Implement nursing home level of care criteria.  This project involves obtaining any necessary federal approval in order to implement the changes to the level of care criteria in section 144.0724, subdivision 11, and implement further changes necessary to achieve reform of the home and community-based service system.

 

(i) Improve integration of Medicare and Medicaid.  This project involves reducing fragmentation in the health care delivery system to improve care for people eligible for both Medicare and Medicaid, and to align fiscal incentives between primary, acute, and long-term care.  The proposal may include:

 

(1) requesting an exception to the new Medicare methodology for payment adjustment for fully integrated special needs plans for dual eligible individuals;

 

(2) testing risk adjustment models that may be more favorable to capturing the needs of frail dually eligible individuals;

 

(3) requesting an exemption from the Medicare bidding process for fully integrated special needs plans for the dually eligible;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2448

(4) modifying the Medicare bid process to recognize additional costs of health home services; and

 

(5) requesting permission for risk-sharing and gain-sharing.

 

(j) Intensive residential treatment services.  This project would involve providing intensive residential treatment services for individuals who have serious mental illness and who have other complex needs.  This proposal would allow such individuals to remain in these settings after mental health symptoms have stabilized, in order to maintain their mental health and avoid more costly or unnecessary hospital or other residential care due to their other complex conditions.  The commissioner may pursue a specialized rate for projects created under this section.

 

(k) Seek federal Medicaid matching funds for Anoka Metro Regional Treatment Center (AMRTC).  This project involves seeking Medicaid reimbursement for medical services provided to patients to AMRTC, including requesting a waiver of United States Code, title 42, section 1396d, which prohibits Medicaid reimbursement for expenditures for services provided by hospitals with more than 16 beds that are primarily focused on the treatment of mental illness.  This waiver would allow AMRTC to serve as a statewide resource to provide diagnostics and treatment for people with the most complex conditions.

 

(l) Waivers to allow Medicaid eligibility for children under age 21 receiving care in residential facilities.  This proposal would seek Medicaid reimbursement for any Medicaid-covered service for children who are placed in residential settings that are determined to be "institutions for mental diseases," under United States Code, title 42, section 1396d.

 

EFFECTIVE DATE.  This section is effective January 1, 2016.

 

Sec. 4.  Minnesota Statutes 2014, section 256L.01, subdivision 3a, is amended to read:

 

Subd. 3a.  Family.  (a) Except as provided in paragraphs (c) and (d), "family" has the meaning given for family and family size as defined in Code of Federal Regulations, title 26, section 1.36B-1.

 

(b) The term includes children who are temporarily absent from the household in settings such as schools, camps, or parenting time with noncustodial parents.

 

(c) For an individual who does not expect to file a federal tax return and does not expect to be claimed as a dependent for the applicable tax year, "family" has the meaning given in Code of Federal Regulations, title 42, section 435.603(f)(3).

 

(d) For a married couple, "family" has the meaning given in Code of Federal Regulations, title 42, section 435.603(f)(4).

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 5.  Minnesota Statutes 2014, section 256L.01, subdivision 5, is amended to read:

 

Subd. 5.  Income.  "Income" has the meaning given for modified adjusted gross income, as defined in Code of Federal Regulations, title 26, section 1.36B-1., and means a household's projected annual income for the applicable tax year.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2449

Sec. 6.  Minnesota Statutes 2014, section 256L.03, subdivision 5, is amended to read:

 

Subd. 5.  Cost-sharing.  (a) Except as otherwise provided in this subdivision, the MinnesotaCare benefit plan shall include the following cost-sharing requirements for all enrollees:

 

(1) $3 per prescription for adult enrollees;

 

(2) $25 for eyeglasses for adult enrollees;

 

(3) $3 per nonpreventive visit.  For purposes of this subdivision, a "visit" means an episode of service which is required because of a recipient's symptoms, diagnosis, or established illness, and which is delivered in an ambulatory setting by a physician or physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse, audiologist, optician, or optometrist;

 

(4) $6 for nonemergency visits to a hospital-based emergency room for services provided through December 31, 2010, and $3.50 effective January 1, 2011; and

 

(5) a family deductible equal to the maximum amount allowed under Code of Federal Regulations, title 42, part 447.54. $2.75 per month per family and adjusted annually by the percentage increase in the medical care component of the CPI-U for the period of September to September of the preceding calendar year, rounded to the next-higher five-cent increment.

 

(b) Paragraph (a) does not apply to children under the age of 21 and to American Indians as defined in Code of Federal Regulations, title 42, section 447.51.

 

(c) Paragraph (a), clause (3), does not apply to mental health services.

 

(d) MinnesotaCare reimbursements to fee-for-service providers and payments to managed care plans or county‑based purchasing plans shall not be increased as a result of the reduction of the co-payments in paragraph (a), clause (4), effective January 1, 2011.

 

(e) The commissioner, through the contracting process under section 256L.12, may allow managed care plans and county-based purchasing plans to waive the family deductible under paragraph (a), clause (5).  The value of the family deductible shall not be included in the capitation payment to managed care plans and county-based purchasing plans.  Managed care plans and county-based purchasing plans shall certify annually to the commissioner the dollar value of the family deductible.

 

EFFECTIVE DATE.  The amendment to paragraph (a), clause (5), is effective retroactively from January 1, 2014.  The amendment to paragraph (b) is effective the day following final enactment.

 

Sec. 7.  Minnesota Statutes 2014, section 256L.04, subdivision 1c, is amended to read:

 

Subd. 1c.  General requirements.  To be eligible for coverage under MinnesotaCare, a person must meet the eligibility requirements of this section.  A person eligible for MinnesotaCare shall not be considered a qualified individual under section 1312 of the Affordable Care Act, and is not eligible for enrollment in a qualified health plan offered through MNsure under chapter 62V.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2450

Sec. 8.  Minnesota Statutes 2014, section 256L.04, subdivision 7b, is amended to read:

 

Subd. 7b.  Annual income limits adjustment.  The commissioner shall adjust the income limits under this section each July 1 by the annual update of the federal poverty guidelines following publication by the United States Department of Health and Human Services except that the income standards shall not go below those in effect on July 1, 2009 annually on January 1 as provided in Code of Federal Regulations, title 26, section 1.36B-1(h).

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 9.  Minnesota Statutes 2014, section 256L.04, subdivision 10, is amended to read:

 

Subd. 10.  Citizenship requirements.  (a) Eligibility for MinnesotaCare is limited to citizens or nationals of the United States and lawfully present noncitizens as defined in Code of Federal Regulations, title 8 45, section 103.12 152.2.  Undocumented noncitizens are ineligible for MinnesotaCare.  For purposes of this subdivision, an undocumented noncitizen is an individual who resides in the United States without the approval or acquiescence of the United States Citizenship and Immigration Services.  Families with children who are citizens or nationals of the United States must cooperate in obtaining satisfactory documentary evidence of citizenship or nationality according to the requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.

 

(b) Notwithstanding subdivisions 1 and 7, eligible persons include families and individuals who are lawfully present and ineligible for medical assistance by reason of immigration status and who have incomes equal to or less than 200 percent of federal poverty guidelines.

 

Sec. 10.  Minnesota Statutes 2014, section 256L.05, is amended by adding a subdivision to read:

 

Subd. 2a.  Eligibility and coverage.  For purposes of this chapter, an individual is eligible for MinnesotaCare following a determination by the commissioner that the individual meets the eligibility criteria for the applicable period of eligibility.  For an individual required to pay a premium, coverage is only available in each month of the applicable period of eligibility for which a premium is paid.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 11.  Minnesota Statutes 2014, section 256L.05, subdivision 3, is amended to read:

 

Subd. 3.  Effective date of coverage.  (a) The effective date of coverage is the first day of the month following the month in which eligibility is approved and the first premium payment has been received.  The effective date of coverage for new members added to the family is the first day of the month following the month in which the change is reported.  All eligibility criteria must be met by the family at the time the new family member is added.  The income of the new family member is included with the family's modified adjusted gross income and the adjusted premium begins in the month the new family member is added.

 

(b) The initial premium must be received by the last working day of the month for coverage to begin the first day of the following month.

 

(c) Notwithstanding any other law to the contrary, benefits under sections 256L.01 to 256L.18 are secondary to a plan of insurance or benefit program under which an eligible person may have coverage and the commissioner shall use cost avoidance techniques to ensure coordination of any other health coverage for eligible persons.  The commissioner shall identify eligible persons who may have coverage or benefits under other plans of insurance or who become eligible for medical assistance.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2451

(d) The effective date of coverage for individuals or families who are exempt from paying premiums under section 256L.15, subdivision 1, paragraph (c), is the first day of the month following the month in which verification of American Indian status is received or eligibility is approved, whichever is later.

 

Sec. 12.  Minnesota Statutes 2014, section 256L.05, subdivision 3a, is amended to read:

 

Subd. 3a.  Renewal Redetermination of eligibility.  (a) Beginning July 1, 2007, An enrollee's eligibility must be renewed every 12 months redetermined on an annual basis.  The 12-month period begins in the month after the month the application is approved.  The period of eligibility is the entire calendar year following the year in which eligibility is redetermined.  Beginning in calendar year 2015, eligibility redeterminations shall occur during the open enrollment period for qualified health plans as specified in Code of Federal Regulations, title 45, section 155.410.

 

(b) Each new period of eligibility must take into account any changes in circumstances that impact eligibility and premium amount.  An enrollee must provide all the information needed to redetermine eligibility by the first day of the month that ends the eligibility period.  The premium for the new period of eligibility must be received Coverage begins as provided in section 256L.06 in order for eligibility to continue.

 

(c) For children enrolled in MinnesotaCare, the first period of renewal begins the month the enrollee turns 21 years of age.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 13.  Minnesota Statutes 2014, section 256L.05, subdivision 4, is amended to read:

 

Subd. 4.  Application processing.  The commissioner of human services shall determine an applicant's eligibility for MinnesotaCare no more than 30 45 days from the date that the application is received by the Department of Human Services as set forth in Code of Federal Regulations, title 42, section 435.911.  Beginning January 1, 2000, this requirement also applies to local county human services agencies that determine eligibility for MinnesotaCare.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 14.  Minnesota Statutes 2014, section 256L.06, subdivision 3, is amended to read:

 

Subd. 3.  Commissioner's duties and payment.  (a) Premiums are dedicated to the commissioner for MinnesotaCare.

 

(b) The commissioner shall develop and implement procedures to:  (1) require enrollees to report changes in income; (2) adjust sliding scale premium payments, based upon both increases and decreases in enrollee income, at the time the change in income is reported; and (3) disenroll enrollees from MinnesotaCare for failure to pay required premiums.  Failure to pay includes payment with a dishonored check, a returned automatic bank withdrawal, or a refused credit card or debit card payment.  The commissioner may demand a guaranteed form of payment, including a cashier's check or a money order, as the only means to replace a dishonored, returned, or refused payment.

 

(c) Premiums are calculated on a calendar month basis and may be paid on a monthly, quarterly, or semiannual basis, with the first payment due upon notice from the commissioner of the premium amount required.  The commissioner shall inform applicants and enrollees of these premium payment options.  Premium payment is required before enrollment is complete and to maintain eligibility in MinnesotaCare.  Premium payments received before noon are credited the same day.  Premium payments received after noon are credited on the next working day.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2452

(d) Nonpayment of the premium will result in disenrollment from the plan effective for the calendar month following the month for which the premium was due.  Persons disenrolled for nonpayment who pay all past due premiums as well as current premiums due, including premiums due for the period of disenrollment, within 20 days of disenrollment, shall be reenrolled retroactively to the first day of disenrollment may not reenroll prior to the first day of the month following the payment of an amount equal to two months' premiums.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 15.  Minnesota Statutes 2014, section 256L.121, subdivision 1, is amended to read:

 

Subdivision 1.  Competitive process.  The commissioner of human services shall establish a competitive process for entering into contracts with participating entities for the offering of standard health plans through MinnesotaCare.  Coverage through standard health plans must be available to enrollees beginning January 1, 2015.  Each standard health plan must cover the health services listed in and meet the requirements of section 256L.03.  The competitive process must meet the requirements of section 1331 of the Affordable Care Act and be designed to ensure enrollee access to high-quality health care coverage options.  The commissioner, to the extent feasible, shall seek to ensure that enrollees have a choice of coverage from more than one participating entity within a geographic area.  In counties that were part of a county-based purchasing plan on January 1, 2013, the commissioner shall use the medical assistance competitive procurement process under section 256B.69, subdivisions 1 to 32, under which selection of entities is based on criteria related to provider network access, coordination of health care with other local services, alignment with local public health goals, and other factors.

 

Sec. 16.  Minnesota Statutes 2014, section 270A.03, subdivision 5, is amended to read:

 

Subd. 5.  Debt.  (a) "Debt" means a legal obligation of a natural person to pay a fixed and certain amount of money, which equals or exceeds $25 and which is due and payable to a claimant agency.  The term includes criminal fines imposed under section 609.10 or 609.125, fines imposed for petty misdemeanors as defined in section 609.02, subdivision 4a, and restitution.  A debt may arise under a contractual or statutory obligation, a court order, or other legal obligation, but need not have been reduced to judgment.

 

A debt includes any legal obligation of a current recipient of assistance which is based on overpayment of an assistance grant where that payment is based on a client waiver or an administrative or judicial finding of an intentional program violation; or where the debt is owed to a program wherein the debtor is not a client at the time notification is provided to initiate recovery under this chapter and the debtor is not a current recipient of food support, transitional child care, or transitional medical assistance.

 

(b) A debt does not include any legal obligation to pay a claimant agency for medical care, including hospitalization if the income of the debtor at the time when the medical care was rendered does not exceed the following amount:

 

(1) for an unmarried debtor, an income of $8,800 or less;

 

(2) for a debtor with one dependent, an income of $11,270 or less;

 

(3) for a debtor with two dependents, an income of $13,330 or less;

 

(4) for a debtor with three dependents, an income of $15,120 or less;

 

(5) for a debtor with four dependents, an income of $15,950 or less; and

 

(6) for a debtor with five or more dependents, an income of $16,630 or less.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2453

(c) The commissioner shall adjust the income amounts in paragraph (b) by the percentage determined pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in section 1(f)(3)(B) the word "1999" shall be substituted for the word "1992."  For 2001, the commissioner shall then determine the percent change from the 12 months ending on August 31, 1999, to the 12 months ending on August 31, 2000, and in each subsequent year, from the 12 months ending on August 31, 1999, to the 12 months ending on August 31 of the year preceding the taxable year.  The determination of the commissioner pursuant to this subdivision shall not be considered a "rule" and shall not be subject to the Administrative Procedure Act contained in chapter 14.  The income amount as adjusted must be rounded to the nearest $10 amount.  If the amount ends in $5, the amount is rounded up to the nearest $10 amount.

 

(d) Debt also includes an agreement to pay a MinnesotaCare premium, regardless of the dollar amount of the premium authorized under Minnesota Statutes 2014, section 256L.15, subdivision 1a.

 

EFFECTIVE DATE.  This section is effective January 1, 2016.

 

Sec. 17.  Minnesota Statutes 2014, section 270B.14, subdivision 1, is amended to read:

 

Subdivision 1.  Disclosure to commissioner of human services.  (a) On the request of the commissioner of human services, the commissioner shall disclose return information regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).

 

(b) Data that may be disclosed are limited to data relating to the identity, whereabouts, employment, income, and property of a person owing or alleged to be owing an obligation of child support.

 

(c) The commissioner of human services may request data only for the purposes of carrying out the child support enforcement program and to assist in the location of parents who have, or appear to have, deserted their children.  Data received may be used only as set forth in section 256.978.

 

(d) The commissioner shall provide the records and information necessary to administer the supplemental housing allowance to the commissioner of human services.

 

(e) At the request of the commissioner of human services, the commissioner of revenue shall electronically match the Social Security numbers and names of participants in the telephone assistance plan operated under sections 237.69 to 237.71, with those of property tax refund filers, and determine whether each participant's household income is within the eligibility standards for the telephone assistance plan.

 

(f) The commissioner may provide records and information collected under sections 295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law 102-234.  Upon the written agreement by the United States Department of Health and Human Services to maintain the confidentiality of the data, the commissioner may provide records and information collected under sections 295.50 to 295.59 to the Centers for Medicare and Medicaid Services section of the United States Department of Health and Human Services for purposes of meeting federal reporting requirements.

 

(g) The commissioner may provide records and information to the commissioner of human services as necessary to administer the early refund of refundable tax credits.

 

(h) The commissioner may disclose information to the commissioner of human services necessary to verify income for eligibility and premium payment under the MinnesotaCare program, under section 256L.05, subdivision 2.

 

(i) (h) The commissioner may disclose information to the commissioner of human services necessary to verify whether applicants or recipients for the Minnesota family investment program, general assistance, food support, Minnesota supplemental aid program, and child care assistance have claimed refundable tax credits under chapter 290 and the property tax refund under chapter 290A, and the amounts of the credits.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2454

(j) (i) The commissioner may disclose information to the commissioner of human services necessary to verify income for purposes of calculating parental contribution amounts under section 252.27, subdivision 2a.

 

EFFECTIVE DATE.  This section is effective January 1, 2016.

 

Sec. 18.  [290.0661] STATE TAX CREDIT FOR MNSURE PREMIUM PAYMENTS.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following definitions apply. 

 

(b) "MNsure" means the insurance exchange established under chapter 62V. 

 

(c) "Federal poverty guidelines" means the federal poverty guidelines published by the United States Department of Health and Human Services that apply to calculate the individual's premium support credit under section 36B of the Internal Revenue Code for the taxable year.

 

(d) "Qualified individual" means a resident individual applying for, or enrolled in, qualified health plan coverage through MNsure with: 

 

(1) an income greater than 133 percent but not exceeding 200 percent of the federal poverty guidelines; or

 

(2) an income equal to or less than 133 percent of the federal poverty guidelines, if the applicant or enrollee would have been eligible for MinnesotaCare coverage under the eligibility criteria specified in Minnesota Statutes 2014, chapter 256L.

 

Subd. 2.  Credit allowed; payment to health carrier.  (a) A qualified individual is allowed a credit against the tax due under this chapter equal to the amount determined under subdivision 3. 

 

(b) For a part-year resident, the credit must be allocated based on the percentage calculated under section 290.06, subdivision 2c, paragraph (e). 

 

(c) A qualified individual receiving a premium advance under section 62V.05, subdivision 5, paragraph (j), must pay to the health carrier the full amount of the premium advance by April 15 of the year following the coverage year for which the premium advance was provided.

 

Subd. 3.  Calculation of credit amount.  The commissioner, in consultation with the commissioner of human services and the MNsure board, shall provide qualified individuals with tax credits that reduce the cost of MNsure household premiums for qualified health plans by specified dollar amounts.  The dollar amount of the tax credit must equal the base premium reduction amount, adjusted for household size.  The commissioner shall establish separate base premium reduction amounts, based on a sliding scale, for: 

 

(1) households with incomes not exceeding 150 percent of the federal poverty guidelines; and

 

(2) households with incomes greater than 150 percent but not exceeding 200 percent of the federal poverty guidelines. 

 

The commissioner, in developing the tax credit methodology and the base premium reduction amounts, shall ensure that aggregate tax credits provided under this section do not exceed $....... per taxable year.

 

Subd. 4.  Credit refundable; appropriation.  (a) If the credit allowed under this section exceeds the individual's liability under this chapter, the commissioner shall refund the excess to the taxpayer. 


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2455

(b) An amount sufficient to pay the credits required by this section is appropriated from the general fund to the commissioner.

 

Subd. 5.  Payment in advance.  The commissioner of human services shall seek all federal approvals and waivers necessary to pay the tax credit established under this section on a monthly basis, in advance, to the health carrier providing qualified health plan coverage to the qualified individual without affecting the amount of the qualified individual's federal premium support credit.  If the necessary federal approvals and waivers are obtained, the commissioner of human services shall submit to the legislature any legislative changes necessary to implement advanced payment of tax credits, and the MNsure board shall require health carriers to reduce premiums charged to qualified individuals by the amount of the applicable tax credit.

 

EFFECTIVE DATE.  This section is effective for taxable years beginning after December 31, 2015.

 

Sec. 19.  Laws 2011, First Special Session chapter 9, article 6, section 97, subdivision 6, is amended to read:

 

Subd. 6.  MinnesotaCare provider taxes.  Minnesota Statutes 2010, sections 13.4967, subdivision 3; 295.50, subdivisions 1, 1a, 2, 2a, 3, 4, 6, 6a, 7, 9b, 9c, 10a, 10b, 12b, 13, 14, and 15; 295.51, subdivisions 1 and 1a; 295.52, subdivisions 1, 1a, 2, 3, 4, 4a, 5, 6, and 7; 295.53, subdivisions 1, 2, 3, and 4a; 295.54; 295.55; 295.56; 295.57; 295.58; 295.581; 295.582; and 295.59, are repealed effective for gross revenues received after December 31, 2019 2018.

 

Sec. 20.  REVISOR INSTRUCTION.

 

In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall strike references to Minnesota Statutes, chapter 256L, and to statutory sections within that chapter, and shall make all necessary grammatical and conforming changes.

 

EFFECTIVE DATE.  This section is effective January 1, 2016.

 

Sec. 21.  REPEALER.

 

Subdivision 1.  MinnesotaCare program.  Minnesota Statutes 2014, sections 256L.01, subdivisions 1, 1a, 1b, 2, 3, 3a, 5, 6, and 7; 256L.02, subdivisions 1, 2, 3, 5, and 6; 256L.03, subdivisions 1, 1a, 1b, 2, 3, 3a, 3b, 4, 4a, 5, and 6; 256L.04, subdivisions 1, 1a, 1c, 2, 2a, 7, 7a, 7b, 8, 10, 12, 13, and 14; 256L.05, subdivisions 1, 1a, 1b, 1c, 2, 3, 3a, 3c, 4, 5, and 6; 256L.06, subdivision 3; 256L.07, subdivisions 1, 2, 3, and 4; 256L.09, subdivisions 1, 2, 4, 5, 6, and 7; 256L.10; 256L.11, subdivisions 1, 2, 2a, 3, 4, and 7; 256L.12; 256L.121; 256L.15, subdivisions 1, 1a, 1b, and 2; 256L.18; 256L.22; 256L.24; 256L.26; and 256L.28, are repealed.

 

Subd. 2.  Conforming repealers.  Minnesota Statutes 2014, sections 13.461, subdivision 26; 16A.724, subdivision 3; and 62A.046, subdivision 5, are repealed.

 

EFFECTIVE DATE.  This section is effective January 1, 2016.

 

ARTICLE 3

MNSURE

 

Section 1.  EXPANDED ACCESS TO QUALIFIED HEALTH PLANS AND SUBSIDIES.

 

The commissioner of commerce, in consultation with the Board of Directors of MNsure and the MNsure Legislative Oversight Committee, shall develop a proposal to allow individuals to purchase qualified health plans outside of MNsure directly from health plan companies and to allow eligible individuals to receive advanced premium tax credits and cost-sharing reductions when purchasing these health plans.  The commissioner shall seek


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2456

all federal waivers and approvals necessary to implement this proposal.  The commissioner shall submit a draft proposal to the MNsure board and the MNsure Legislative Oversight Committee at least 30 days before submitting a final proposal to the federal government and shall notify the board and legislative oversight committee of any federal decision or action related to the proposal.

 

Sec. 2.  Minnesota Statutes 2014, section 15A.0815, subdivision 3, is amended to read:

 

Subd. 3.  Group II salary limits.  The salary for a position listed in this subdivision shall not exceed 120 percent of the salary of the governor.  This limit must be adjusted annually on January 1.  The new limit must equal the limit for the prior year increased by the percentage increase, if any, in the Consumer Price Index for all urban consumers from October of the second prior year to October of the immediately prior year.  The commissioner of management and budget must publish the limit on the department's Web site.  This subdivision applies to the following positions:

 

Executive director of Gambling Control Board;

 

Commissioner, Iron Range Resources and Rehabilitation Board;

 

Commissioner, Bureau of Mediation Services;

 

Ombudsman for Mental Health and Developmental Disabilities;

 

Chair, Metropolitan Council;

 

Executive Director, MNsure;

 

School trust lands director;

 

Executive director of pari-mutuel racing; and

 

Commissioner, Public Utilities Commission.

 

Sec. 3.  Minnesota Statutes 2014, section 62A.02, subdivision 2, is amended to read:

 

Subd. 2.  Approval.  (a) The health plan form shall not be issued, nor shall any application, rider, endorsement, or rate be used in connection with it, until the expiration of 60 days after it has been filed unless the commissioner approves it before that time.

 

(b) Notwithstanding paragraph (a), a rate filed with respect to a policy of accident and sickness insurance as defined in section 62A.01 by an insurer licensed under chapter 60A, may be used on or after the date of filing with the commissioner.  Rates that are not approved or disapproved within the 60-day time period are deemed approved.  This paragraph does not apply to Medicare-related coverage as defined in section 62A.3099, subdivision 17.

 

(c) For coverage to begin on or after January 1, 2016, and each January 1 thereafter, health plans in the individual and small group markets that are not grandfathered plans to be offered outside MNsure and qualified health plans to be offered inside MNsure must receive rate approval from the commissioner no later than 30 days prior to the beginning of the annual open enrollment period for MNsure.  Premium rates for all carriers in the applicable market for the next calendar year must be made available to the public by the commissioner only after all rates for the applicable market are final and approved.  Final and approved rates must be publicly released at a uniform time for all individual and small group health plans that are not grandfathered plans to be offered outside MNsure and qualified health plans to be offered inside MNsure, and no later than 30 days prior to the beginning of the annual open enrollment period for MNsure.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2457

Sec. 4.  Minnesota Statutes 2014, section 62V.02, is amended by adding a subdivision to read:

 

Subd. 2a.  Consumer assistance partner.  "Consumer assistance partner" means individuals and entities certified by MNsure to serve as a navigator, in-person assister, or certified application counselor.

 

Sec. 5.  Minnesota Statutes 2014, section 62V.03, subdivision 2, is amended to read:

 

Subd. 2.  Application of other law.  (a) MNsure must be reviewed by the legislative auditor under section 3.971.  The legislative auditor shall audit the books, accounts, and affairs of MNsure once each year or less frequently as the legislative auditor's funds and personnel permit.  Upon the audit of the financial accounts and affairs of MNsure, MNsure is liable to the state for the total cost and expenses of the audit, including the salaries paid to the examiners while actually engaged in making the examination.  The legislative auditor may bill MNsure either monthly or at the completion of the audit.  All collections received for the audits must be deposited in the general fund and are appropriated to the legislative auditor.  Pursuant to section 3.97, subdivision 3a, the Legislative Audit Commission is requested to direct the legislative auditor to report by March 1, 2014, to the legislature on any duplication of services that occurs within state government as a result of the creation of MNsure.  The legislative auditor may make recommendations on consolidating or eliminating any services deemed duplicative.  The board shall reimburse the legislative auditor for any costs incurred in the creation of this report.

 

(b) Board members of MNsure are subject to sections 10A.07 and 10A.09.  Board members and the personnel of MNsure are subject to section 10A.071.

 

(c) All meetings of the board shall comply with the open meeting law in chapter 13D, except that:.

 

(1) meetings, or portions of meetings, regarding compensation negotiations with the director or managerial staff may be closed in the same manner and according to the same procedures identified in section 13D.03;

 

(2) meetings regarding contract negotiation strategy may be closed in the same manner and according to the same procedures identified in section 13D.05, subdivision 3, paragraph (c); and

 

(3) meetings, or portions of meetings, regarding not public data described in section 62V.06, subdivision 3, and regarding trade secret information as defined in section 13.37, subdivision 1, paragraph (b), are closed to the public, but must otherwise comply with the procedures identified in chapter 13D.

 

(d) MNsure and provisions specified under this chapter are exempt from:

 

(1) chapter 14, including section 14.386, except as specified in section 62V.05; and.

 

(2) chapters 16B and 16C, with the exception of sections 16C.08, subdivision 2, paragraph (b), clauses (1) to (8); 16C.086; 16C.09, paragraph (a), clauses (1) and (3), paragraph (b), and paragraph (c); and section 16C.16.  However, MNsure, in consultation with the commissioner of administration, shall implement policies and procedures to establish an open and competitive procurement process for MNsure that, to the extent practicable, conforms to the principles and procedures contained in chapters 16B and 16C.  In addition, MNsure may enter into an agreement with the commissioner of administration for other services.

 

(e) The board and the Web site are exempt from chapter 60K.  Any employee of MNsure who sells, solicits, or negotiates insurance to individuals or small employers must be licensed as an insurance producer under chapter 60K.

 

(f) Section 3.3005 applies to any federal funds received by MNsure.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2458

(g) MNsure is exempt from the following sections in chapter 16E:  16E.01, subdivision 3, paragraph (b); 16E.03, subdivisions 3 and 4; 16E.04, subdivision 1, subdivision 2, paragraph (c), and subdivision 3, paragraph (b); 16E.0465; 16E.055; 16E.145; 16E.15; 16E.16; 16E.17; 16E.18; and 16E.22.

 

(h) (g) A MNsure decision that requires a vote of the board, other than a decision that applies only to hiring of employees or other internal management of MNsure, is an "administrative action" under section 10A.01, subdivision 2.

 

Sec. 6.  Minnesota Statutes 2014, section 62V.04, subdivision 1, is amended to read:

 

Subdivision 1.  Board.  MNsure is governed by a board of directors with seven 11 members.

 

Sec. 7.  Minnesota Statutes 2014, section 62V.04, subdivision 2, is amended to read:

 

Subd. 2.  Appointment.  (a) Board membership of MNsure consists of the following:

 

(1) three six members appointed by the governor with the advice and consent of both the senate and the house of representatives acting separately in accordance with paragraph (d), with one member representing the interests of individual consumers eligible for individual market coverage, one member representing individual consumers eligible for public health care program coverage, and one member representing small employers, one member who is an insurance producer, and two members who are county employees involved in the administration of public health care programs.  Members are appointed to serve four-year terms following the initial staggered-term lot determination;

 

(2) three members appointed by the governor with the advice and consent of both the senate and the house of representatives acting separately in accordance with paragraph (d) who have demonstrated expertise, leadership, and innovation in the following areas:  one member representing the areas of health administration, health care finance, health plan purchasing, and health care delivery systems; one member representing the areas of public health, health disparities, public health care programs, and the uninsured; and one member representing health policy issues related to the small group and individual markets.  Members are appointed to serve four-year terms following the initial staggered-term lot determination; and

 

(3) the commissioner of human services or a designee; and

 

(4) the chief information officer of MN.IT Services or a designee.

 

(b) Section 15.0597 shall apply to all appointments, except for the commissioner.

 

(c) The governor shall make appointments to the board that are consistent with federal law and regulations regarding its composition and structure.  All board members appointed by the governor must be legal residents of Minnesota.

 

(d) Upon appointment by the governor, a board member shall exercise duties of office immediately.  If both the house of representatives and the senate vote not to confirm an appointment, the appointment terminates on the day following the vote not to confirm in the second body to vote.

 

(e) Initial appointments shall be made by April 30, 2013.

 

(f) (d) One of the six nine members appointed under paragraph (a), clause (1) or (2), must have experience in representing the needs of vulnerable populations and persons with disabilities.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2459

(g) (e) Membership on the board must include representation from outside the seven-county metropolitan area, as defined in section 473.121, subdivision 2.

 

Sec. 8.  Minnesota Statutes 2014, section 62V.04, subdivision 4, is amended to read:

 

Subd. 4.  Conflicts of interest.  (a) Within one year prior to or at any time during their appointed term, board members appointed under subdivision 2, paragraph (a), clauses (1) and (2), shall not be employed by, be a member of the board of directors of, or otherwise be a representative of a health carrier, institutional health care provider or other entity providing health care, navigator, insurance producer, or other entity in the business of selling items or services of significant value to or through MNsure.  For purposes of this paragraph, "health care provider or entity" does not include an academic institution.

 

(b) Board members must recuse themselves from discussion of and voting on an official matter if the board member has a conflict of interest.  For board members other than an insurance producer or a county employee, a conflict of interest means an association including a financial or personal association that has the potential to bias or have the appearance of biasing a board member's decisions in matters related to MNsure or the conduct of activities under this chapter.  The board member who is an insurance producer and the board members who are county employees are subject to section 10A.07.

 

(c) No board member shall have a spouse who is an executive of a health carrier.

 

(d) No member of the board may currently serve as a lobbyist, as defined under section 10A.01, subdivision 21.

 

Sec. 9.  [62V.045] EXECUTIVE DIRECTOR.

 

The governor shall appoint the executive director of MNsure.  The executive director serves in the unclassified service at the pleasure of the governor.

 

Sec. 10.  Minnesota Statutes 2014, section 62V.05, subdivision 1, is amended to read:

 

Subdivision 1.  General.  (a) The board shall operate MNsure according to this chapter and applicable state and federal law.

 

(b) The board has the power to:

 

(1) employ personnel, subject to the power of the governor to appoint the executive director, and delegate administrative, operational, and other responsibilities to the director and other personnel as deemed appropriate by the board.  This authority is subject to chapters 43A and 179A.  The director and managerial staff of MNsure shall serve in the unclassified service and shall be governed by a compensation plan prepared by the board, submitted to the commissioner of management and budget for review and comment within 14 days of its receipt, and approved by the Legislative Coordinating Commission and the legislature under section 3.855, except that section 15A.0815, subdivision 5, paragraph (e), shall not apply.  The director of MNsure shall not receive a salary increase on or after July 1, 2015, unless the increase is approved under the process specified in section 15A.0815, subdivision 5;

 

(2) establish the budget of MNsure;

 

(3) seek and accept money, grants, loans, donations, materials, services, or advertising revenue from government agencies, philanthropic organizations, and public and private sources to fund the operation of MNsure.  No health carrier or insurance producer shall advertise on MNsure;

 

(4) contract for the receipt and provision of goods and services;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2460

(5) enter into information-sharing agreements with federal and state agencies and other entities, provided the agreements include adequate protections with respect to the confidentiality and integrity of the information to be shared, and comply with all applicable state and federal laws, regulations, and rules, including the requirements of section 62V.06; and

 

(6) exercise all powers reasonably necessary to implement and administer the requirements of this chapter and the Affordable Care Act, Public Law 111-148.

 

(c) The board shall establish policies and procedures to gather public comment and provide public notice in the State Register.

 

(d) Within 180 days of enactment, the board shall establish bylaws, policies, and procedures governing the operations of MNsure in accordance with this chapter.

 

Sec. 11.  Minnesota Statutes 2014, section 62V.05, subdivision 5, is amended to read:

 

Subd. 5.  Health carrier and health plan requirements; MNsure participation.  (a) Beginning January 1, 2015, the board may establish certification requirements for health carriers and health plans to be offered through MNsure that satisfy federal requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.

 

(b) Paragraph (a) does not apply if by June 1, 2013, the legislature enacts regulatory requirements that:

 

(1) apply uniformly to all health carriers and health plans in the individual market;

 

(2) apply uniformly to all health carriers and health plans in the small group market; and

 

(3) satisfy minimum federal certification requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.

 

(c) In accordance with section 1311(e) of the Affordable Care Act, Public Law 111-148, the board shall establish policies and procedures for certification and selection of health plans to be offered as qualified health plans through MNsure.  The board shall certify and select a health plan as a qualified health plan to be offered through MNsure, if:

 

(1) the health plan meets the minimum certification requirements established in paragraph (a) or the market regulatory requirements in paragraph (b);

 

(2) the board determines that making the health plan available through MNsure is in the interest of qualified individuals and qualified employers;

 

(3) the health carrier applying to offer the health plan through MNsure also applies to offer health plans at each actuarial value level and service area that the health carrier currently offers in the individual and small group markets; and

 

(4) the health carrier does not apply to offer health plans in the individual and small group markets through MNsure under a separate license of a parent organization or holding company under section 60D.15, that is different from what the health carrier offers in the individual and small group markets outside MNsure.

 

(d) In determining the interests of qualified individuals and employers under paragraph (c), clause (2), the board may not exclude a health plan for any reason specified under section 1311(e)(1)(B) of the Affordable Care Act, Public Law 111-148.  The board may consider:


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2461

(1) affordability;

 

(2) quality and value of health plans;

 

(3) promotion of prevention and wellness;

 

(4) promotion of initiatives to reduce health disparities;

 

(5) market stability and adverse selection;

 

(6) meaningful choices and access;

 

(7) alignment and coordination with state agency and private sector purchasing strategies and payment reform efforts; and

 

(8) other criteria that the board determines appropriate.

 

(e) For qualified health plans offered through MNsure on or after January 1, 2015, the board shall establish policies and procedures under paragraphs (c) and (d) for selection of health plans to be offered as qualified health plans through MNsure by February 1 of each year, beginning February 1, 2014.  The board shall consistently and uniformly apply all policies and procedures and any requirements, standards, or criteria to all health carriers and health plans.  For any policies, procedures, requirements, standards, or criteria that are defined as rules under section 14.02, subdivision 4, the board may use the process described in subdivision 9.

 

(f) For 2014, the board shall not have the power to select health carriers and health plans for participation in MNsure.  The board shall permit all health plans that meet the certification requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148, to be offered through MNsure.

 

(a) The board shall permit all health plans that meet the applicable certification requirements to be offered through MNsure.

 

(g) (b) Under this subdivision, the board shall have the power to verify that health carriers and health plans are properly certified to be eligible for participation in MNsure.

 

(h) (c) The board has the authority to decertify health carriers and health plans that fail to maintain compliance with section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.

 

(i) (d) For qualified health plans offered through MNsure beginning January 1, 2015, health carriers must use the most current addendum for Indian health care providers approved by the Centers for Medicare and Medicaid Services and the tribes as part of their contracts with Indian health care providers.  MNsure shall comply with all future changes in federal law with regard to health coverage for the tribes.

 

EFFECTIVE DATE.  This section is effective July 1, 2015.

 

Sec. 12.  Minnesota Statutes 2014, section 62V.05, subdivision 6, is amended to read:

 

Subd. 6.  Appeals.  (a) The board may conduct hearings, appoint hearing officers, and recommend final orders related to appeals of any MNsure determinations, except for those determinations identified in paragraph (d).  An appeal by a health carrier regarding a specific certification or selection determination made by MNsure under subdivision 5 must be conducted as a contested case proceeding under chapter 14, with the report or order of the administrative law judge constituting the final decision in the case, subject to judicial review under sections 14.63 to


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2462

14.69.  For other appeals, the board shall establish hearing processes which provide for a reasonable opportunity to be heard and timely resolution of the appeal and which are consistent with the requirements of federal law and guidance.  An appealing party may be represented by legal counsel at these hearings, but this is not a requirement.

 

(b) MNsure may establish service-level agreements with state agencies to conduct hearings for appeals.  Notwithstanding section 471.59, subdivision 1, a state agency is authorized to enter into service-level agreements for this purpose with MNsure.

 

(c) For proceedings under this subdivision, MNsure may be represented by an attorney who is an employee of MNsure.

 

(d) This subdivision does not apply to appeals of determinations where a state agency hearing is available under section 256.045.

 

Sec. 13.  Minnesota Statutes 2014, section 62V.05, is amended by adding a subdivision to read:

 

Subd. 11.  Health carrier notification.  MNsure shall provide a health carrier with enrollment information for MNsure enrollees who have selected a qualified health plan that is offered by that health carrier and who have been determined by MNsure to be eligible for qualified health plan coverage.  The enrollment information must be sufficient for the health carrier to issue coverage and must be provided within 48 hours of the determination of eligibility by MNsure.

 

Sec. 14.  Minnesota Statutes 2014, section 62V.05, is amended by adding a subdivision to read:

 

Subd. 12.  Purchase of individual health coverage.  For coverage taking effect on or after January 1, 2016, the MNsure board shall provide members of a household with the option of purchasing individual health coverage through MNsure and shall apportion any advanced premium tax credit available to a household choosing this option between the separate health plans providing coverage to the household members.

 

Sec. 15.  Minnesota Statutes 2014, section 62V.05, is amended by adding a subdivision to read:

 

Subd. 13.  Prohibition on other product lines.  MNsure is prohibited from certifying, selecting, or offering products and policies of coverage that do not meet the definition of health plan or dental plan as provided in section 62V.02.

 

Sec. 16.  Minnesota Statutes 2014, section 62V.11, subdivision 2, is amended to read:

 

Subd. 2.  Membership; meetings; compensation.  (a) The Legislative Oversight Committee shall consist of five members of the senate, three members appointed by the majority leader of the senate, and two members appointed by the minority leader of the senate; and five members of the house of representatives, three members appointed by the speaker of the house, and two members appointed by the minority leader of the house of representatives.

 

(b) Appointed legislative members serve at the pleasure of the appointing authority and shall continue to serve until their successors are appointed.

 

(c) The first meeting of the committee shall be convened by the chair of the Legislative Coordinating Commission.  Members shall elect a chair at the first meeting.  The chair must convene at least one meeting annually each quarter of the year, and may convene other meetings as deemed necessary.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2463

Sec. 17.  Minnesota Statutes 2014, section 62V.11, is amended by adding a subdivision to read:

 

Subd. 5.  Reports to the committee.  (a) The board shall submit an enrollment report to the Legislative Oversight Committee on a monthly basis.  The report must include:

 

(1) total enrollment numbers;

 

(2) the number of commercial plans selected;

 

(3) the percentage of the commercial plans for which the first month's premium has been paid; and

 

(4) the average number of days between a consumer's submission of an application and transmittal to the health carrier chosen.

 

(b) At each of the committee's quarterly meetings, the board shall present the following information:

 

(1) at the first quarterly meeting, a progress report on the most recent MNsure open enrollment period and a progress report on technology upgrades and any proposed schedule for future technology upgrades;

 

(2) at the second quarterly meeting, the annual budget for MNsure, as required by subdivision 4;

 

(3) at the third quarterly meeting, a hearing in conjunction with the Department of Human Services regarding any backlog created by qualifying life events for enrollees in public or private health plans through MNsure; and

 

(4) at the fourth quarterly meeting, a hearing in conjunction with the Department of Commerce on the release of premium rates and in conjunction with the Department of Human Services on reimbursement of MNsure for public program enrollment.

 

Sec. 18.  Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision to read:

 

Subd. 10.  MNsure consumer assistance partners.  Effective January 1, 2016, the commissioner shall conduct background studies on any individual required under section 256.962, subdivision 9, to have a background study completed under this chapter.

 

Sec. 19.  Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision to read:

 

Subd. 11.  MNsure consumer assistance partners.  The commissioner shall recover the cost of background studies required under section 256.962, subdivision 9, through a fee of no more than $20 per study.  The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

 

Sec. 20.  Minnesota Statutes 2014, section 256.962, is amended by adding a subdivision to read:

 

Subd. 9.  Background studies for consumer assistance partners.  Effective January 1, 2016, all consumer assistance partners, as defined in section 62V.02, subdivision 2a, are required to undergo a background study according to the requirements of chapter 245C.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2464

Sec. 21.  TRANSITION.

 

(a) The commissioner of management and budget must assign the positions of managerial employees of MNsure, other than the director, to salary ranges and salaries in the managerial plan, effective the first payroll period beginning on or after July 1, 2015.

 

(b) Of the four additional members of the board appointed under the amendments to Minnesota Statutes, section 62V.04, one shall have an initial term of two years, two shall have an initial term of three years, and one shall have an initial term of four years, determined by lot by the secretary of state.

 

(c) Board members must be appointed by the governor within 30 days of final enactment of these sections.

 

Sec. 22.  EXPANDED ACCESS TO THE SMALL BUSINESS HEALTH CARE TAX CREDIT.

 

(a) The commissioner of human services, in consultation with the Board of Directors of MNsure and the MNsure Legislative Oversight Committee, shall develop a proposal to allow small employers the ability to receive the small business health care tax credit when the small employer pays the premiums on behalf of employees enrolled in either a qualified health plan offered through a small business health options program (SHOP) marketplace or a small group health plan offered outside of the SHOP marketplace within MNsure.  To be eligible for the tax credit, the small employer must meet the requirements under the Affordable Care Act, except that employees may be enrolled in a small group health plan product offered outside of MNsure.

 

(b) The commissioner shall seek all federal waivers and approvals necessary to implement the proposal in paragraph (a).  The commissioner shall submit a draft proposal to the MNsure board and the MNsure Legislative Oversight Committee at least 30 days before submitting a final proposal to the federal government, and shall notify the board and Legislative Oversight Committee of any federal decision or action received regarding the proposal and submitted waiver.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 23.  CONFIRMATION DEADLINE.

 

Members of the MNsure Board on the effective date of this section and new members appointed as required by the amendments to Minnesota Statutes, section 62V.04, are subject to confirmation by the senate.  If any of these members is not confirmed by the senate before adjournment sine die of the 2016 regular session, the appointment of that member to the board terminates on the day following adjournment sine die.

 

Sec. 24.  ESTABLISHMENT OF FEDERALLY FACILITATED MARKETPLACE.

 

Subdivision 1.  Establishment.  The commissioner of commerce, in cooperation with the secretary of Health and Human Services, shall establish a federally facilitated marketplace for Minnesota, for coverage beginning January 1, 2017.  The federally facilitated marketplace shall take the place of MNsure, established under Minnesota Statutes, chapter 62V.  In working with the secretary of Health and Human Services to develop the federally facilitated marketplace, the commissioner of commerce shall:

 

(1) seek to incorporate, where appropriate and cost-effective, elements of the MNsure eligibility determination system;

 

(2) regularly consult with stakeholder groups, including but not limited to representatives of state agencies, health care providers, health plan companies, brokers, and consumers; and

 

(3) seek all available federal grants and funds for state planning and development costs.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2465

Subd. 2.  Implementation plan; draft legislation.  The commissioner of commerce, in consultation with the commissioner of human services, the chief information officer of MN.IT, and the MNsure Board, shall develop and present to the 2016 legislature an implementation plan for conversion to a federally facilitated marketplace.  The plan must include draft legislation for any changes in state law necessary to implement a federally facilitated marketplace, including but not limited to necessary changes to Laws 2013, chapter 84, and technical and conforming changes related to the repeal of Minnesota Statutes, chapter 62V.

 

Subd. 3.  Vendor contract.  The commissioner of commerce, in consultation with the commissioner of human services, the chief information officer of MN.IT, and the MNsure Board, shall contract with a vendor to provide technical assistance in developing and implementing the plan for conversion to a federally facilitated marketplace.

 

Subd. 4.  Contingent implementation.  The commissioner shall not implement this section if the United States Supreme Court rules in King v. Burwell (No. 14-114) that persons obtaining qualified health plan coverage through a federally facilitated marketplace are not eligible for advanced premium tax credits.

 

Sec. 25.  REQUIREMENTS FOR STATE MATCH FOR FEDERAL GRANTS.

 

(a) The legislature shall not appropriate or authorize the use of state funds, and the MNsure Board and the commissioner of human services shall not allocate, authorize the use of, or expend board or agency funds, as a state match to obtain federal grant funding for MNsure, including, but not limited to, grants to support the development and operation of the MNsure eligibility determination system, unless the following conditions are met:

 

(1) 20 percent of the state match and 20 percent of federal grant funds received are deposited into a premium reimbursement account established by the MNsure Board, for use as provided in paragraph (b);

 

(2) the commissioner of human services and the legislative auditor have verified that all persons currently enrolled in medical assistance and MinnesotaCare, who were enrolled in medical assistance or MinnesotaCare as of September 30, 2013, have had their eligibility for the program redetermined at least once since September 30, 2013;

 

(3) the administrative costs of MNsure are less than five percent of MNsure's total operating budget in each year; and

 

(4) verification from the Office of the Legislative Auditor that:

 

(i) all life events or changes in circumstances are being processed in a timely manner by MNsure and the Department of Human Services; and

 

(ii) MNsure is transmitting electronic enrollment files in a format that conforms with standards under the federal Health Insurance Portability and Accountability Act of 1996.

 

(b) Funds deposited into the premium reimbursement account shall be used only to reimburse the first month's premium for health coverage for any individual who submitted a complete application for qualified health plan coverage through MNsure, but did not receive their policy card or other appropriate verification of coverage within 20 days of submittal of the completed application to MNsure.  The MNsure Board shall provide this reimbursement on a first-come, first-served basis, subject to the limits of available funding.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2466

Sec. 26.  REPEALER.

 

(a) Minnesota Statutes 2014, sections 62V.01; 62V.02; 62V.03; 62V.04; 62V.05; 62V.06; 62V.07; 62V.08; 62V.09; 62V.10; and 62V.11, are repealed, effective January 1, 2017.  This repealer shall not take effect if the United States Supreme Court rules in King v. Burwell (No. 14-114) that persons obtaining qualified health plan coverage through a federally facilitated marketplace are not eligible for advanced premium tax credits.

 

(b) Minnesota Statutes 2014, section 13D.08, subdivision 5a, is repealed.

 

ARTICLE 4

CONTINUING CARE

 

Section 1.  Minnesota Statutes 2014, section 13.461, is amended by adding a subdivision to read:

 

Subd. 32.  ABLE accounts and designated beneficiaries.  Data on ABLE accounts and designated beneficiaries of ABLE accounts are classified under section 256Q.05, subdivision 7.

 

Sec. 2.  Minnesota Statutes 2014, section 245A.06, is amended by adding a subdivision to read:

 

Subd. 1a.  Correction orders and conditional licenses for programs licensed as home and community-based services.  (a) For programs licensed under both this chapter and chapter 245D, if the license holder operates more than one service site under a single license governed by chapter 245D, the order issued under this section shall be specific to the service site or sites at which the violations of applicable law or rules occurred.  The order shall not apply to other service sites governed by chapter 245D and operated by the same license holder unless the commissioner has included in the order the articulable basis for applying the order to another service site.

 

(b) If the commissioner has issued more than one license to the license holder under this chapter, the conditions imposed under this section shall be specific to the license for the program at which the violations of applicable law or rules occurred and shall not apply to other licenses held by the same license holder if those programs are being operated in substantial compliance with applicable law and rules.

 

Sec. 3.  [245A.081] SETTLEMENT AGREEMENT.

 

(a) A license holder who has made a timely appeal pursuant to section 245A.06, subdivision 4, or 245A.07, subdivision 3, or the commissioner may initiate a discussion about a possible settlement agreement related to the licensing sanction.  For the purposes of this section, the following conditions apply to a settlement agreement reached by the parties:

 

(1) if the parties enter into a settlement agreement, the effect of the agreement shall be that the appeal is withdrawn and the agreement shall constitute the full agreement between the commissioner and the party who filed the appeal; and

 

(2) the settlement agreement must identify the agreed upon actions the license holder has taken and will take in order to achieve and maintain compliance with the licensing requirements that the commissioner determined the license holder had violated.

 

(b) Neither the license holder nor the commissioner is required to initiate a settlement discussion under this section.

 

(c) If a settlement discussion is initiated by the license holder, the commissioner shall respond to the license holder within 14 calendar days of receipt of the license holder's submission.

 

(d) If the commissioner agrees to engage in settlement discussions, the commissioner may decide at any time not to continue settlement discussions with a license holder.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2467

Sec. 4.  Minnesota Statutes 2014, section 245A.155, subdivision 1, is amended to read:

 

Subdivision 1.  Licensed foster care and respite care.  This section applies to foster care agencies and licensed foster care providers who place, supervise, or care for individuals who rely on medical monitoring equipment to sustain life or monitor a medical condition that could become life-threatening without proper use of the medical equipment in respite care or foster care.

 

Sec. 5.  Minnesota Statutes 2014, section 245A.155, subdivision 2, is amended to read:

 

Subd. 2.  Foster care agency requirements.  In order for an agency to place an individual who relies on medical equipment to sustain life or monitor a medical condition that could become life-threatening without proper use of the medical equipment with a foster care provider, the agency must ensure that the foster care provider has received the training to operate such equipment as observed and confirmed by a qualified source, and that the provider:

 

(1) is currently caring for an individual who is using the same equipment in the foster home; or

 

(2) has written documentation that the foster care provider has cared for an individual who relied on such equipment within the past six months; or

 

(3) has successfully completed training with the individual being placed with the provider.

 

Sec. 6.  Minnesota Statutes 2014, section 245A.65, subdivision 2, is amended to read:

 

Subd. 2.  Abuse prevention plans.  All license holders shall establish and enforce ongoing written program abuse prevention plans and individual abuse prevention plans as required under section 626.557, subdivision 14.

 

(a) The scope of the program abuse prevention plan is limited to the population, physical plant, and environment within the control of the license holder and the location where licensed services are provided.  In addition to the requirements in section 626.557, subdivision 14, the program abuse prevention plan shall meet the requirements in clauses (1) to (5).

 

(1) The assessment of the population shall include an evaluation of the following factors:  age, gender, mental functioning, physical and emotional health or behavior of the client; the need for specialized programs of care for clients; the need for training of staff to meet identified individual needs; and the knowledge a license holder may have regarding previous abuse that is relevant to minimizing risk of abuse for clients.

 

(2) The assessment of the physical plant where the licensed services are provided shall include an evaluation of the following factors:  the condition and design of the building as it relates to the safety of the clients; and the existence of areas in the building which are difficult to supervise.

 

(3) The assessment of the environment for each facility and for each site when living arrangements are provided by the agency shall include an evaluation of the following factors:  the location of the program in a particular neighborhood or community; the type of grounds and terrain surrounding the building; the type of internal programming; and the program's staffing patterns.

 

(4) The license holder shall provide an orientation to the program abuse prevention plan for clients receiving services.  If applicable, the client's legal representative must be notified of the orientation.  The license holder shall provide this orientation for each new person within 24 hours of admission, or for persons who would benefit more from a later orientation, the orientation may take place within 72 hours.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2468

(5) The license holder's governing body or the governing body's delegated representative shall review the plan at least annually using the assessment factors in the plan and any substantiated maltreatment findings that occurred since the last review.  The governing body or the governing body's delegated representative shall revise the plan, if necessary, to reflect the review results.

 

(6) A copy of the program abuse prevention plan shall be posted in a prominent location in the program and be available upon request to mandated reporters, persons receiving services, and legal representatives.

 

(b) In addition to the requirements in section 626.557, subdivision 14, the individual abuse prevention plan shall meet the requirements in clauses (1) and (2).

 

(1) The plan shall include a statement of measures that will be taken to minimize the risk of abuse to the vulnerable adult when the individual assessment required in section 626.557, subdivision 14, paragraph (b), indicates the need for measures in addition to the specific measures identified in the program abuse prevention plan.  The measures shall include the specific actions the program will take to minimize the risk of abuse within the scope of the licensed services, and will identify referrals made when the vulnerable adult is susceptible to abuse outside the scope or control of the licensed services.  When the assessment indicates that the vulnerable adult does not need specific risk reduction measures in addition to those identified in the program abuse prevention plan, the individual abuse prevention plan shall document this determination.

 

(2) An individual abuse prevention plan shall be developed for each new person as part of the initial individual program plan or service plan required under the applicable licensing rule.  The review and evaluation of the individual abuse prevention plan shall be done as part of the review of the program plan or service plan.  The person receiving services shall participate in the development of the individual abuse prevention plan to the full extent of the person's abilities.  If applicable, the person's legal representative shall be given the opportunity to participate with or for the person in the development of the plan.  The interdisciplinary team shall document the review of all abuse prevention plans at least annually, using the individual assessment and any reports of abuse relating to the person.  The plan shall be revised to reflect the results of this review.

 

Sec. 7.  Minnesota Statutes 2014, section 245D.02, is amended by adding a subdivision to read:

 

Subd. 37.  Working day.  "Working day" means Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any legal holiday.

 

Sec. 8.  Minnesota Statutes 2014, section 245D.05, subdivision 1, is amended to read:

 

Subdivision 1.  Health needs.  (a) The license holder is responsible for meeting health service needs assigned in the coordinated service and support plan or the coordinated service and support plan addendum, consistent with the person's health needs.  Unless directed otherwise in the coordinated service and support plan or the coordinated service and support plan addendum, the license holder is responsible for promptly notifying the person's legal representative, if any, and the case manager of changes in a person's physical and mental health needs affecting health service needs assigned to the license holder in the coordinated service and support plan or the coordinated service and support plan addendum, when discovered by the license holder, unless the license holder has reason to know the change has already been reported.  The license holder must document when the notice is provided.

 

(b) If responsibility for meeting the person's health service needs has been assigned to the license holder in the coordinated service and support plan or the coordinated service and support plan addendum, the license holder must maintain documentation on how the person's health needs will be met, including a description of the procedures the license holder will follow in order to:


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2469

(1) provide medication setup, assistance, or administration according to this chapter.  Unlicensed staff responsible for medication setup or medication administration under this section must complete training according to section 245D.09, subdivision 4a, paragraph (d);

 

(2) monitor health conditions according to written instructions from a licensed health professional;

 

(3) assist with or coordinate medical, dental, and other health service appointments; or

 

(4) use medical equipment, devices, or adaptive aides or technology safely and correctly according to written instructions from a licensed health professional.

 

Sec. 9.  Minnesota Statutes 2014, section 245D.05, subdivision 2, is amended to read:

 

Subd. 2.  Medication administration.  (a) For purposes of this subdivision, "medication administration" means:

 

(1) checking the person's medication record;

 

(2) preparing the medication as necessary;

 

(3) administering the medication or treatment to the person;

 

(4) documenting the administration of the medication or treatment or the reason for not administering the medication or treatment; and

 

(5) reporting to the prescriber or a nurse any concerns about the medication or treatment, including side effects, effectiveness, or a pattern of the person refusing to take the medication or treatment as prescribed.  Adverse reactions must be immediately reported to the prescriber or a nurse.

 

(b)(1) If responsibility for medication administration is assigned to the license holder in the coordinated service and support plan or the coordinated service and support plan addendum, the license holder must implement medication administration procedures to ensure a person takes medications and treatments as prescribed.  The license holder must ensure that the requirements in clauses (2) and (3) have been met before administering medication or treatment.

 

(2) The license holder must obtain written authorization from the person or the person's legal representative to administer medication or treatment and must obtain reauthorization annually as needed.  This authorization shall remain in effect unless it is withdrawn in writing and may be withdrawn at any time.  If the person or the person's legal representative refuses to authorize the license holder to administer medication, the medication must not be administered.  The refusal to authorize medication administration must be reported to the prescriber as expediently as possible.

 

(3) For a license holder providing intensive support services, the medication or treatment must be administered according to the license holder's medication administration policy and procedures as required under section 245D.11, subdivision 2, clause (3).

 

(c) The license holder must ensure the following information is documented in the person's medication administration record:

 

(1) the information on the current prescription label or the prescriber's current written or electronically recorded order or prescription that includes the person's name, description of the medication or treatment to be provided, and the frequency and other information needed to safely and correctly administer the medication or treatment to ensure effectiveness;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2470

(2) information on any risks or other side effects that are reasonable to expect, and any contraindications to its use.  This information must be readily available to all staff administering the medication;

 

(3) the possible consequences if the medication or treatment is not taken or administered as directed;

 

(4) instruction on when and to whom to report the following:

 

(i) if a dose of medication is not administered or treatment is not performed as prescribed, whether by error by the staff or the person or by refusal by the person; and

 

(ii) the occurrence of possible adverse reactions to the medication or treatment;

 

(5) notation of any occurrence of a dose of medication not being administered or treatment not performed as prescribed, whether by error by the staff or the person or by refusal by the person, or of adverse reactions, and when and to whom the report was made; and

 

(6) notation of when a medication or treatment is started, administered, changed, or discontinued.

 

Sec. 10.  Minnesota Statutes 2014, section 245D.06, subdivision 1, is amended to read:

 

Subdivision 1.  Incident response and reporting.  (a) The license holder must respond to incidents under section 245D.02, subdivision 11, that occur while providing services to protect the health and safety of and minimize risk of harm to the person.

 

(b) The license holder must maintain information about and report incidents to the person's legal representative or designated emergency contact and case manager within 24 hours of an incident occurring while services are being provided, within 24 hours of discovery or receipt of information that an incident occurred, unless the license holder has reason to know that the incident has already been reported, or as otherwise directed in a person's coordinated service and support plan or coordinated service and support plan addendum.  An incident of suspected or alleged maltreatment must be reported as required under paragraph (d), and an incident of serious injury or death must be reported as required under paragraph (e).

 

(c) When the incident involves more than one person, the license holder must not disclose personally identifiable information about any other person when making the report to each person and case manager unless the license holder has the consent of the person.

 

(d) Within 24 hours of reporting maltreatment as required under section 626.556 or 626.557, the license holder must inform the case manager of the report unless there is reason to believe that the case manager is involved in the suspected maltreatment.  The license holder must disclose the nature of the activity or occurrence reported and the agency that received the report.

 

(e) The license holder must report the death or serious injury of the person as required in paragraph (b) and to the Department of Human Services Licensing Division, and the Office of Ombudsman for Mental Health and Developmental Disabilities as required under section 245.94, subdivision 2a, within 24 hours of the death or serious injury, or receipt of information that the death or serious injury occurred, unless the license holder has reason to know that the death or serious injury has already been reported.

 

(f) When a death or serious injury occurs in a facility certified as an intermediate care facility for persons with developmental disabilities, the death or serious injury must be reported to the Department of Health, Office of Health Facility Complaints, and the Office of Ombudsman for Mental Health and Developmental Disabilities, as required under sections 245.91 and 245.94, subdivision 2a, unless the license holder has reason to know that the death or serious injury has already been reported.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2471

(g) The license holder must conduct an internal review of incident reports of deaths and serious injuries that occurred while services were being provided and that were not reported by the program as alleged or suspected maltreatment, for identification of incident patterns, and implementation of corrective action as necessary to reduce occurrences.  The review must include an evaluation of whether related policies and procedures were followed, whether the policies and procedures were adequate, whether there is a need for additional staff training, whether the reported event is similar to past events with the persons or the services involved, and whether there is a need for corrective action by the license holder to protect the health and safety of persons receiving services.  Based on the results of this review, the license holder must develop, document, and implement a corrective action plan designed to correct current lapses and prevent future lapses in performance by staff or the license holder, if any.

 

(h) The license holder must verbally report the emergency use of manual restraint of a person as required in paragraph (b) within 24 hours of the occurrence.  The license holder must ensure the written report and internal review of all incident reports of the emergency use of manual restraints are completed according to the requirements in section 245D.061 or successor provisions.

 

Sec. 11.  Minnesota Statutes 2014, section 245D.06, subdivision 2, is amended to read:

 

Subd. 2.  Environment and safety.  The license holder must:

 

(1) ensure the following when the license holder is the owner, lessor, or tenant of the service site:

 

(i) the service site is a safe and hazard-free environment;

 

(ii) that toxic substances or dangerous items are inaccessible to persons served by the program only to protect the safety of a person receiving services when a known safety threat exists and not as a substitute for staff supervision or interactions with a person who is receiving services.  If toxic substances or dangerous items are made inaccessible, the license holder must document an assessment of the physical plant, its environment, and its population identifying the risk factors which require toxic substances or dangerous items to be inaccessible and a statement of specific measures to be taken to minimize the safety risk to persons receiving services and to restore accessibility to all persons receiving services at the service site;

 

(iii) doors are locked from the inside to prevent a person from exiting only when necessary to protect the safety of a person receiving services and not as a substitute for staff supervision or interactions with the person.  If doors are locked from the inside, the license holder must document an assessment of the physical plant, the environment and the population served, identifying the risk factors which require the use of locked doors, and a statement of specific measures to be taken to minimize the safety risk to persons receiving services at the service site; and

 

(iv) a staff person is available at the service site who is trained in basic first aid and, when required in a person's coordinated service and support plan or coordinated service and support plan addendum, cardiopulmonary resuscitation (CPR) whenever persons are present and staff are required to be at the site to provide direct support service.  The CPR training must include in-person instruction, hands-on practice, and an observed skills assessment under the direct supervision of a CPR instructor;

 

(2) maintain equipment, vehicles, supplies, and materials owned or leased by the license holder in good condition when used to provide services;

 

(3) follow procedures to ensure safe transportation, handling, and transfers of the person and any equipment used by the person, when the license holder is responsible for transportation of a person or a person's equipment;

 

(4) be prepared for emergencies and follow emergency response procedures to ensure the person's safety in an emergency; and

 

(5) follow universal precautions and sanitary practices, including hand washing, for infection prevention and control, and to prevent communicable diseases.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2472

Sec. 12.  Minnesota Statutes 2014, section 245D.06, subdivision 7, is amended to read:

 

Subd. 7.  Permitted actions and procedures.  (a) Use of the instructional techniques and intervention procedures as identified in paragraphs (b) and (c) is permitted when used on an intermittent or continuous basis.  When used on a continuous basis, it must be addressed in a person's coordinated service and support plan addendum as identified in sections 245D.07 and 245D.071.  For purposes of this chapter, the requirements of this subdivision supersede the requirements identified in Minnesota Rules, part 9525.2720.

 

(b) Physical contact or instructional techniques must use the least restrictive alternative possible to meet the needs of the person and may be used:

 

(1) to calm or comfort a person by holding that person with no resistance from that person;

 

(2) to protect a person known to be at risk of injury due to frequent falls as a result of a medical condition;

 

(3) to facilitate the person's completion of a task or response when the person does not resist or the person's resistance is minimal in intensity and duration;

 

(4) to block or redirect a person's limbs or body without holding the person or limiting the person's movement to interrupt the person's behavior that may result in injury to self or others with less than 60 seconds of physical contact by staff; or

 

(5) to redirect a person's behavior when the behavior does not pose a serious threat to the person or others and the behavior is effectively redirected with less than 60 seconds of physical contact by staff.

 

(c) Restraint may be used as an intervention procedure to:

 

(1) allow a licensed health care professional to safely conduct a medical examination or to provide medical treatment ordered by a licensed health care professional to a person necessary to promote healing or recovery from an acute, meaning short-term, medical condition;

 

(2) assist in the safe evacuation or redirection of a person in the event of an emergency and the person is at imminent risk of harm; or

 

(3) position a person with physical disabilities in a manner specified in the person's coordinated service and support plan addendum.

 

Any use of manual restraint as allowed in this paragraph must comply with the restrictions identified in subdivision 6, paragraph (b).

 

(d) Use of adaptive aids or equipment, orthotic devices, or other medical equipment ordered by a licensed health professional to treat a diagnosed medical condition do not in and of themselves constitute the use of mechanical restraint.

 

Sec. 13.  Minnesota Statutes 2014, section 245D.07, subdivision 2, is amended to read:

 

Subd. 2.  Service planning requirements for basic support services.  (a) License holders providing basic support services must meet the requirements of this subdivision.

 

(b) Within 15 calendar days of service initiation the license holder must complete a preliminary coordinated service and support plan addendum based on the coordinated service and support plan.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2473

(c) Within 60 calendar days of service initiation the license holder must review and revise as needed the preliminary coordinated service and support plan addendum to document the services that will be provided including how, when, and by whom services will be provided, and the person responsible for overseeing the delivery and coordination of services.

 

(d) The license holder must participate in service planning and support team meetings for the person following stated timelines established in the person's coordinated service and support plan or as requested by the person or the person's legal representative, the support team or the expanded support team.

 

Sec. 14.  Minnesota Statutes 2014, section 245D.071, subdivision 5, is amended to read:

 

Subd. 5.  Service plan review and evaluation.  (a) The license holder must give the person or the person's legal representative and case manager an opportunity to participate in the ongoing review and development of the service plan and the methods used to support the person and accomplish outcomes identified in subdivisions 3 and 4.  The license holder, in coordination with the person's support team or expanded support team, must meet with the person, the person's legal representative, and the case manager, and participate in service plan review meetings following stated timelines established in the person's coordinated service and support plan or coordinated service and support plan addendum or within 30 days of a written request by the person, the person's legal representative, or the case manager, at a minimum of once per year.  The purpose of the service plan review is to determine whether changes are needed to the service plan based on the assessment information, the license holder's evaluation of progress towards accomplishing outcomes, or other information provided by the support team or expanded support team.

 

(b) The license holder must summarize the person's status and progress toward achieving the identified outcomes and make recommendations and identify the rationale for changing, continuing, or discontinuing implementation of supports and methods identified in subdivision 4 in a written report sent to the person or the person's legal representative and case manager five working days prior to the review meeting, unless the person, the person's legal representative, or the case manager requests to receive the report available at the time of the progress review meeting.  The report must be sent at least five working days prior to the progress review meeting if requested by the team in the coordinated service and support plan or coordinated service and support plan addendum.

 

(c) The license holder must send the coordinated service and support plan addendum to the person, the person's legal representative, and the case manager by mail within ten working days of the progress review meeting.  Within ten working days of the progress review meeting mailing of the coordinated service and support plan addendum, the license holder must obtain dated signatures from the person or the person's legal representative and the case manager to document approval of any changes to the coordinated service and support plan addendum.

 

(d) If, within ten working days of submitting changes to the coordinated service and support plan and coordinated service and support plan addendum, the person or the person's legal representative or case manager has not signed and returned to the license holder the coordinated service and support plan or coordinated service and support plan addendum or has not proposed written modifications to the license holder's submission, the submission is deemed approved and the coordinated service and support plan addendum becomes effective and remains in effect until the legal representative or case manager submits a written request to revise the coordinated service and support plan addendum.

 

Sec. 15.  Minnesota Statutes 2014, section 245D.09, subdivision 3, is amended to read:

 

Subd. 3.  Staff qualifications.  (a) The license holder must ensure that staff providing direct support, or staff who have responsibilities related to supervising or managing the provision of direct support service, are competent as demonstrated through skills and knowledge training, experience, and education relevant to the primary disability of the person and to meet the person's needs and additional requirements as written in the coordinated service and support plan or coordinated service and support plan addendum, or when otherwise required by the case manager or the federal waiver plan.  The license holder must verify and maintain evidence of staff competency, including documentation of:


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2474

(1) education and experience qualifications relevant to the job responsibilities assigned to the staff and to the primary disability of persons served by the program, including a valid degree and transcript, or a current license, registration, or certification, when a degree or licensure, registration, or certification is required by this chapter or in the coordinated service and support plan or coordinated service and support plan addendum;

 

(2) demonstrated competency in the orientation and training areas required under this chapter, and when applicable, completion of continuing education required to maintain professional licensure, registration, or certification requirements.  Competency in these areas is determined by the license holder through knowledge testing or observed skill assessment conducted by the trainer or instructor or by an individual who has been previously deemed competent by the trainer or instructor in the area being assessed; and

 

(3) except for a license holder who is the sole direct support staff, periodic performance evaluations completed by the license holder of the direct support staff person's ability to perform the job functions based on direct observation.

 

(b) Staff under 18 years of age may not perform overnight duties or administer medication.

 

Sec. 16.  Minnesota Statutes 2014, section 245D.09, subdivision 5, is amended to read:

 

Subd. 5.  Annual training.  A license holder must provide annual training to direct support staff on the topics identified in subdivision 4, clauses (3) to (10).  If the direct support staff has a first aid certification, annual training under subdivision 4, clause (9), is not required as long as the certification remains current.  A license holder must provide a minimum of 24 hours of annual training to direct service staff providing intensive services and having fewer than five years of documented experience and 12 hours of annual training to direct service staff providing intensive services and having five or more years of documented experience in topics described in subdivisions 4 and 4a, paragraphs (a) to (f).  Training on relevant topics received from sources other than the license holder may count toward training requirements.  A license holder must provide a minimum of 12 hours of annual training to direct service staff providing basic services and having fewer than five years of documented experience and six hours of annual training to direct service staff providing basic services and having five or more years of documented experience.

 

Sec. 17.  Minnesota Statutes 2014, section 245D.22, subdivision 4, is amended to read:

 

Subd. 4.  First aid must be available on site.  (a) A staff person trained in first aid must be available on site and, when required in a person's coordinated service and support plan or coordinated service and support plan addendum, be able to provide cardiopulmonary resuscitation, whenever persons are present and staff are required to be at the site to provide direct service.  The CPR training must include in-person instruction, hands-on practice, and an observed skills assessment under the direct supervision of a CPR instructor.

 

(b) A facility must have first aid kits readily available for use by, and that meet the needs of, persons receiving services and staff.  At a minimum, the first aid kit must be equipped with accessible first aid supplies including bandages, sterile compresses, scissors, an ice bag or cold pack, an oral or surface thermometer, mild liquid soap, adhesive tape, and first aid manual.

 

Sec. 18.  Minnesota Statutes 2014, section 245D.31, subdivision 3, is amended to read:

 

Subd. 3.  Staff ratio requirement for each person receiving services.  The case manager, in consultation with the interdisciplinary team, must determine at least once each year which of the ratios in subdivisions 4, 5, and 6 is appropriate for each person receiving services on the basis of the characteristics described in subdivisions 4, 5, and 6.  The ratio assigned each person and the documentation of how the ratio was arrived at must be kept in each person's individual service plan.  Documentation must include an assessment of the person with respect to the characteristics in subdivisions 4, 5, and 6 recorded on a standard assessment form required by the commissioner.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2475

Sec. 19.  Minnesota Statutes 2014, section 245D.31, subdivision 4, is amended to read:

 

Subd. 4.  Person requiring staff ratio of one to four.  A person must be assigned a staff ratio requirement of one to four if:

 

(1) on a daily basis the person requires total care and monitoring or constant hand-over-hand physical guidance to successfully complete at least three of the following activities:  toileting, communicating basic needs, eating, or ambulating; or is not capable of taking appropriate action for self-preservation under emergency conditions; or

 

(2) the person engages in conduct that poses an imminent risk of physical harm to self or others at a documented level of frequency, intensity, or duration requiring frequent daily ongoing intervention and monitoring as established in the person's coordinated service and support plan or coordinated service and support plan addendum.

 

Sec. 20.  Minnesota Statutes 2014, section 245D.31, subdivision 5, is amended to read:

 

Subd. 5.  Person requiring staff ratio of one to eight.  A person must be assigned a staff ratio requirement of one to eight if:

 

(1) the person does not meet the requirements in subdivision 4; and

 

(2) on a daily basis the person requires verbal prompts or spot checks and minimal or no physical assistance to successfully complete at least four three of the following activities:  toileting, communicating basic needs, eating, or ambulating, or taking appropriate action for self-preservation under emergency conditions.

 

Sec. 21.  Minnesota Statutes 2014, section 252.27, subdivision 2a, is amended to read:

 

Subd. 2a.  Contribution amount.  (a) The natural or adoptive parents of a minor child, including a child determined eligible for medical assistance without consideration of parental income, must contribute to the cost of services used by making monthly payments on a sliding scale based on income, unless the child is married or has been married, parental rights have been terminated, or the child's adoption is subsidized according to chapter 259A or through title IV-E of the Social Security Act.  The parental contribution is a partial or full payment for medical services provided for diagnostic, therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care services as defined in United States Code, title 26, section 213, needed by the child with a chronic illness or disability.

 

(b) For households with adjusted gross income equal to or greater than 275 percent of federal poverty guidelines, the parental contribution shall be computed by applying the following schedule of rates to the adjusted gross income of the natural or adoptive parents:

 

(1) if the adjusted gross income is equal to or greater than 275 percent of federal poverty guidelines and less than or equal to 545 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 2.48 2.23 percent of adjusted gross income at 275 percent of federal poverty guidelines and increases to 6.75 6.08 percent of adjusted gross income for those with adjusted gross income up to 545 percent of federal poverty guidelines;

 

(2) if the adjusted gross income is greater than 545 percent of federal poverty guidelines and less than 675 percent of federal poverty guidelines, the parental contribution shall be 6.75 6.08 percent of adjusted gross income;

 

(3) if the adjusted gross income is equal to or greater than 675 percent of federal poverty guidelines and less than 975 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 6.75 6.08 percent of adjusted gross income at 675 percent of federal poverty guidelines and increases to nine 8.1 percent of adjusted gross income for those with adjusted gross income up to 975 percent of federal poverty guidelines; and


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2476

(4) if the adjusted gross income is equal to or greater than 975 percent of federal poverty guidelines, the parental contribution shall be 11.25 10.13 percent of adjusted gross income.

 

If the child lives with the parent, the annual adjusted gross income is reduced by $2,400 prior to calculating the parental contribution.  If the child resides in an institution specified in section 256B.35, the parent is responsible for the personal needs allowance specified under that section in addition to the parental contribution determined under this section.  The parental contribution is reduced by any amount required to be paid directly to the child pursuant to a court order, but only if actually paid.

 

(c) The household size to be used in determining the amount of contribution under paragraph (b) includes natural and adoptive parents and their dependents, including the child receiving services.  Adjustments in the contribution amount due to annual changes in the federal poverty guidelines shall be implemented on the first day of July following publication of the changes.

 

(d) For purposes of paragraph (b), "income" means the adjusted gross income of the natural or adoptive parents determined according to the previous year's federal tax form, except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds have been used to purchase a home shall not be counted as income.

 

(e) The contribution shall be explained in writing to the parents at the time eligibility for services is being determined.  The contribution shall be made on a monthly basis effective with the first month in which the child receives services.  Annually upon redetermination or at termination of eligibility, if the contribution exceeded the cost of services provided, the local agency or the state shall reimburse that excess amount to the parents, either by direct reimbursement if the parent is no longer required to pay a contribution, or by a reduction in or waiver of parental fees until the excess amount is exhausted.  All reimbursements must include a notice that the amount reimbursed may be taxable income if the parent paid for the parent's fees through an employer's health care flexible spending account under the Internal Revenue Code, section 125, and that the parent is responsible for paying the taxes owed on the amount reimbursed.

 

(f) The monthly contribution amount must be reviewed at least every 12 months; when there is a change in household size; and when there is a loss of or gain in income from one month to another in excess of ten percent.  The local agency shall mail a written notice 30 days in advance of the effective date of a change in the contribution amount.  A decrease in the contribution amount is effective in the month that the parent verifies a reduction in income or change in household size.

 

(g) Parents of a minor child who do not live with each other shall each pay the contribution required under paragraph (a).  An amount equal to the annual court-ordered child support payment actually paid on behalf of the child receiving services shall be deducted from the adjusted gross income of the parent making the payment prior to calculating the parental contribution under paragraph (b).

 

(h) The contribution under paragraph (b) shall be increased by an additional five percent if the local agency determines that insurance coverage is available but not obtained for the child.  For purposes of this section, "available" means the insurance is a benefit of employment for a family member at an annual cost of no more than five percent of the family's annual income.  For purposes of this section, "insurance" means health and accident insurance coverage, enrollment in a nonprofit health service plan, health maintenance organization, self-insured plan, or preferred provider organization.

 

Parents who have more than one child receiving services shall not be required to pay more than the amount for the child with the highest expenditures.  There shall be no resource contribution from the parents.  The parent shall not be required to pay a contribution in excess of the cost of the services provided to the child, not counting payments made to school districts for education-related services.  Notice of an increase in fee payment must be given at least 30 days before the increased fee is due.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2477

(i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if, in the 12 months prior to July 1:

 

(1) the parent applied for insurance for the child;

 

(2) the insurer denied insurance;

 

(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted a complaint or appeal, in writing, to the commissioner of health or the commissioner of commerce, or litigated the complaint or appeal; and

 

(4) as a result of the dispute, the insurer reversed its decision and granted insurance.

 

For purposes of this section, "insurance" has the meaning given in paragraph (h).

 

A parent who has requested a reduction in the contribution amount under this paragraph shall submit proof in the form and manner prescribed by the commissioner or county agency, including, but not limited to, the insurer's denial of insurance, the written letter or complaint of the parents, court documents, and the written response of the insurer approving insurance.  The determinations of the commissioner or county agency under this paragraph are not rules subject to chapter 14.

 

Sec. 22.  Minnesota Statutes 2014, section 256.478, is amended to read:

 

256.478 HOME AND COMMUNITY-BASED SERVICES TRANSITIONS GRANTS.

 

(a) The commissioner shall make available home and community-based services transition grants to serve individuals who do not meet eligibility criteria for the medical assistance program under section 256B.056 or 256B.057, but who otherwise meet the criteria under section 256B.092, subdivision 13, or 256B.49, subdivision 24.

 

(b) For the purposes of this section, the commissioner has the authority to transfer funds between the medical assistance account and the home and community-based services transitions grants account.

 

Sec. 23.  Minnesota Statutes 2014, section 256.975, subdivision 2, is amended to read:

 

Subd. 2.  Duties.  The board Minnesota Board on Aging shall carry out the following duties:

 

(1) to advise the governor and heads of state departments and agencies regarding policy, programs, and services affecting the aging;

 

(2) to provide a mechanism for coordinating plans and activities of state departments and citizens' groups as they pertain to aging;

 

(3) to create public awareness of the special needs and potentialities of older persons;

 

(4) to gather and disseminate information about research and action programs, and to encourage state departments and other agencies to conduct needed research in the field of aging;

 

(5) to stimulate, guide, and provide technical assistance in the organization of local councils on aging;

 

(6) to provide continuous review of ongoing services, programs and proposed legislation affecting the elderly in Minnesota;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2478

(7) to administer and to make policy relating to all aspects of the Older Americans Act of 1965, as amended, including implementation thereof; and

 

(8) to award grants, enter into contracts, and adopt rules the Minnesota Board on Aging deems necessary to carry out the purposes of this section.;

 

(9) develop the criteria and procedures to allocate the grants under subdivision 11, evaluate all applications on a competitive basis and award the grants, and select qualified providers to offer technical assistance to grant applicants and grantees.  The selected provider shall provide applicants and grantees assistance with project design, evaluation methods, materials, and training; and

 

(10) submit by January 15, 2017, and on each January 15 thereafter, a progress report on the dementia grants programs under subdivision 11 to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over health finance and policy.  The report shall include: 

 

(i) information on each grant recipient;

 

(ii) a summary of all projects or initiatives undertaken with each grant;

 

(iii) the measurable outcomes established by each grantee, an explanation of the evaluation process used to determine whether the outcomes were met, and the results of the evaluation;

 

(iv) an accounting of how the grant funds were spent; and

 

(v) the overall impact of the projects and initiatives that were conducted.

 

Sec. 24.  Minnesota Statutes 2014, section 256.975, is amended by adding a subdivision to read:

 

Subd. 11.  Regional and local dementia grants.  (a) The Minnesota Board on Aging shall award competitive grants to eligible applicants for regional and local projects and initiatives targeted to a designated community, which may consist of a specific geographic area or population, to increase awareness of Alzheimer's disease and other dementias, increase the rate of cognitive testing in the population at risk for dementias, promote the benefits of early diagnosis of dementias, or connect caregivers of persons with dementia to education and resources.

 

(b) The project areas for grants include:

 

(1) local or community-based initiatives to promote the benefits of physician consultations for all individuals who suspect a memory or cognitive problem;

 

(2) local or community-based initiatives to promote the benefits of early diagnosis of Alzheimer's disease and other dementias; and

 

(3) local or community-based initiatives to provide informational materials and other resources to caregivers of persons with dementia.

 

(c) Eligible applicants for local and regional grants may include, but are not limited to, community health boards, school districts, colleges and universities, community clinics, tribal communities, nonprofit organizations, and other health care organizations.

 

(d) Applicants must submit proposals for available grants to the Minnesota Board on Aging by September 1, 2015, and each September 1 thereafter.  The application must:


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2479

(1) describe the proposed initiative, including the targeted community and how the initiative meets the requirements of this subdivision; and

 

(2) identify the proposed outcomes of the initiative and the evaluation process to be used to measure these outcomes.

 

(e) In awarding the regional and local dementia grants, the Minnesota Board on Aging must give priority to applicants who demonstrate that the proposed project:

 

(1) is supported by and appropriately targeted to the community the applicant serves;

 

(2) is designed to coordinate with other community activities related to other health initiatives, particularly those initiatives targeted at the elderly;

 

(3) is conducted by an applicant able to demonstrate expertise in the project areas;

 

(4) utilizes and enhances existing activities and resources or involves innovative approaches to achieve success in the project areas; and

 

(5) strengthens community relationships and partnerships in order to achieve the project areas.

 

(f) The board shall divide the state into specific geographic regions and allocate a percentage of the money available for the local and regional dementia grants to projects or initiatives aimed at each geographic region.

 

(g) The board shall award any available grants by October 1, 2015, and each October 1 thereafter.

 

(h) Each grant recipient shall report to the board on the progress of the initiative at least once during the grant period, and within two months of the end of the grant period shall submit a final report to the board that includes the outcome results.

 

EFFECTIVE DATE.  This section is effective July 1, 2015.

 

Sec. 25.  Minnesota Statutes 2014, section 256B.057, subdivision 9, is amended to read:

 

Subd. 9.  Employed persons with disabilities.  (a) Medical assistance may be paid for a person who is employed and who:

 

(1) but for excess earnings or assets, meets the definition of disabled under the Supplemental Security Income program;

 

(2) meets the asset limits in paragraph (d); and

 

(3) pays a premium and other obligations under paragraph (e).

 

(b) For purposes of eligibility, there is a $65 earned income disregard.  To be eligible for medical assistance under this subdivision, a person must have more than $65 of earned income.  Earned income must have Medicare, Social Security, and applicable state and federal taxes withheld.  The person must document earned income tax withholding.  Any spousal income or assets shall be disregarded for purposes of eligibility and premium determinations.

 

(c) After the month of enrollment, a person enrolled in medical assistance under this subdivision who:


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2480

(1) is temporarily unable to work and without receipt of earned income due to a medical condition, as verified by a physician; or

 

(2) loses employment for reasons not attributable to the enrollee, and is without receipt of earned income may retain eligibility for up to four consecutive months after the month of job loss.  To receive a four-month extension, enrollees must verify the medical condition or provide notification of job loss.  All other eligibility requirements must be met and the enrollee must pay all calculated premium costs for continued eligibility.

 

(d) For purposes of determining eligibility under this subdivision, a person's assets must not exceed $20,000, excluding:

 

(1) all assets excluded under section 256B.056;

 

(2) retirement accounts, including individual accounts, 401(k) plans, 403(b) plans, Keogh plans, and pension plans;

 

(3) medical expense accounts set up through the person's employer; and

 

(4) spousal assets, including spouse's share of jointly held assets.

 

(e) All enrollees must pay a premium to be eligible for medical assistance under this subdivision, except as provided under clause (5).

 

(1) An enrollee must pay the greater of a $65 $35 premium or the premium calculated based on the person's gross earned and unearned income and the applicable family size using a sliding fee scale established by the commissioner, which begins at one percent of income at 100 percent of the federal poverty guidelines and increases to 7.5 percent of income for those with incomes at or above 300 percent of the federal poverty guidelines.

 

(2) Annual adjustments in the premium schedule based upon changes in the federal poverty guidelines shall be effective for premiums due in July of each year.

 

(3) All enrollees who receive unearned income must pay five one-half of one percent of unearned income in addition to the premium amount, except as provided under clause (5).

 

(4) Increases in benefits under title II of the Social Security Act shall not be counted as income for purposes of this subdivision until July 1 of each year.

 

(5) Effective July 1, 2009, American Indians are exempt from paying premiums as required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5.  For purposes of this clause, an American Indian is any person who meets the definition of Indian according to Code of Federal Regulations, title 42, section 447.50.

 

(f) A person's eligibility and premium shall be determined by the local county agency.  Premiums must be paid to the commissioner.  All premiums are dedicated to the commissioner.

 

(g) Any required premium shall be determined at application and redetermined at the enrollee's six-month income review or when a change in income or household size is reported.  Enrollees must report any change in income or household size within ten days of when the change occurs.  A decreased premium resulting from a reported change in income or household size shall be effective the first day of the next available billing month after the change is reported.  Except for changes occurring from annual cost-of-living increases, a change resulting in an increased premium shall not affect the premium amount until the next six-month review.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2481

(h) Premium payment is due upon notification from the commissioner of the premium amount required.  Premiums may be paid in installments at the discretion of the commissioner.

 

(i) Nonpayment of the premium shall result in denial or termination of medical assistance unless the person demonstrates good cause for nonpayment.  Good cause exists if the requirements specified in Minnesota Rules, part 9506.0040, subpart 7, items B to D, are met.  Except when an installment agreement is accepted by the commissioner, all persons disenrolled for nonpayment of a premium must pay any past due premiums as well as current premiums due prior to being reenrolled.  Nonpayment shall include payment with a returned, refused, or dishonored instrument.  The commissioner may require a guaranteed form of payment as the only means to replace a returned, refused, or dishonored instrument.

 

(j) For enrollees whose income does not exceed 200 percent of the federal poverty guidelines and who are also enrolled in Medicare, the commissioner shall reimburse the enrollee for Medicare part B premiums under section 256B.0625, subdivision 15, paragraph (a).

 

Sec. 26.  Minnesota Statutes 2014, section 256B.097, subdivision 3, is amended to read:

 

Subd. 3.  State Quality Council.  (a) There is hereby created a State Quality Council which must define regional quality councils, and carry out a community-based, person-directed quality review component, and a comprehensive system for effective incident reporting, investigation, analysis, and follow-up.

 

(b) By August 1, 2011, the commissioner of human services shall appoint the members of the initial State Quality Council.  Members shall include representatives from the following groups:

 

(1) disability service recipients and their family members;

 

(2) during the first four years of the State Quality Council, there must be at least three members from the Region 10 stakeholders.  As regional quality councils are formed under subdivision 4, each regional quality council shall appoint one member;

 

(3) disability service providers;

 

(4) disability advocacy groups; and

 

(5) county human services agencies and staff from the Department of Human Services and Ombudsman for Mental Health and Developmental Disabilities.

 

(c) Members of the council who do not receive a salary or wages from an employer for time spent on council duties may receive a per diem payment when performing council duties and functions.

 

(d) The State Quality Council shall:

 

(1) assist the Department of Human Services in fulfilling federally mandated obligations by monitoring disability service quality and quality assurance and improvement practices in Minnesota;

 

(2) establish state quality improvement priorities with methods for achieving results and provide an annual report to the legislative committees with jurisdiction over policy and funding of disability services on the outcomes, improvement priorities, and activities undertaken by the commission during the previous state fiscal year;

 

(3) identify issues pertaining to financial and personal risk that impede Minnesotans with disabilities from optimizing choice of community-based services; and


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2482

(4) recommend to the chairs and ranking minority members of the legislative committees with jurisdiction over human services and civil law by January 15, 2014, statutory and rule changes related to the findings under clause (3) that promote individualized service and housing choices balanced with appropriate individualized protection.

 

(e) The State Quality Council, in partnership with the commissioner, shall:

 

(1) approve and direct implementation of the community-based, person-directed system established in this section;

 

(2) recommend an appropriate method of funding this system, and determine the feasibility of the use of Medicaid, licensing fees, as well as other possible funding options;

 

(3) approve measurable outcomes in the areas of health and safety, consumer evaluation, education and training, providers, and systems;

 

(4) establish variable licensure periods not to exceed three years based on outcomes achieved; and

 

(5) in cooperation with the Quality Assurance Commission, design a transition plan for licensed providers from Region 10 into the alternative licensing system by July 1, 2015.

 

(f) The State Quality Council shall notify the commissioner of human services that a facility, program, or service has been reviewed by quality assurance team members under subdivision 4, paragraph (b) (c), clause (13), and qualifies for a license.

 

(g) The State Quality Council, in partnership with the commissioner, shall establish an ongoing review process for the system.  The review shall take into account the comprehensive nature of the system which is designed to evaluate the broad spectrum of licensed and unlicensed entities that provide services to persons with disabilities.  The review shall address efficiencies and effectiveness of the system.

 

(h) The State Quality Council may recommend to the commissioner certain variances from the standards governing licensure of programs for persons with disabilities in order to improve the quality of services so long as the recommended variances do not adversely affect the health or safety of persons being served or compromise the qualifications of staff to provide services.

 

(i) The safety standards, rights, or procedural protections referenced under subdivision 2 4, paragraph (c) (d), shall not be varied.  The State Quality Council may make recommendations to the commissioner or to the legislature in the report required under paragraph (c) (d) regarding alternatives or modifications to the safety standards, rights, or procedural protections referenced under subdivision 2 (4), paragraph (c) (d).

 

(j) The State Quality Council may hire staff to perform the duties assigned in this subdivision.

 

Sec. 27.  Minnesota Statutes 2014, section 256B.097, subdivision 4, is amended to read:

 

Subd. 4.  Regional quality councils.  (a) By July 1, 2015, the commissioner shall establish, as selected by the State Quality Council, or continue the operation of three regional quality councils of key stakeholders, including as selected by the State Quality Council.  One regional quality council shall be established in the Twin Cities metropolitan area, one shall be established in greater Minnesota, and one shall be the Quality Assurance Commission established under section 256B.0951.  By July 1, 2016, the commissioner shall establish three additional regional quality councils, as selected by the State Quality Council.  The regional quality councils established under this paragraph shall include regional representatives of:

 

(1) disability service recipients and their family members;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2483

(2) disability service providers;

 

(3) disability advocacy groups; and

 

(4) county human services agencies and staff from the Department of Human Services and Ombudsman for Mental Health and Developmental Disabilities.

 

(b) In establishing the regional quality councils, the commissioner shall:

 

(1) appoint the members from the groups identified in paragraph (a) by July 1, 2015;

 

(2) designate a chair for each council or prescribe a process for each council to select a chair from among its members;

 

(3) set term limits for members of the regional quality councils;

 

(4) set the total number or maximum number of members of each regional council;

 

(5) set the number or proportion of members representing each of the groups identified in paragraph (a);

 

(6) set deadlines and requirements for annual reports to the chair of the State Quality Council and to the chairs of the legislative committees in the senate and house of representatives with primary jurisdiction over human services on the status, outcomes, improvement priorities, and activities in the regions; and

 

(7) convene a first meeting of each regional quality council by July 1, 2016, or identify a person responsible for convening the first meeting of each regional quality council and require that the person convene the first meeting by July 1, 2016.

 

(b) (c) Each regional quality council shall:

 

(1) direct and monitor the community-based, person-directed quality assurance system in this section;

 

(2) approve a training program for quality assurance team members under clause (13);

 

(3) review summary reports from quality assurance team reviews and make recommendations to the State Quality Council regarding program licensure;

 

(4) make recommendations to the State Quality Council regarding the system;

 

(5) resolve complaints between the quality assurance teams, counties, providers, persons receiving services, their families, and legal representatives;

 

(6) analyze and review quality outcomes and critical incident data reporting incidents of life safety concerns immediately to the Department of Human Services licensing division;

 

(7) provide information and training programs for persons with disabilities and their families and legal representatives on service options and quality expectations;

 

(8) disseminate information and resources developed to other regional quality councils;

 

(9) respond to state-level priorities;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2484

(10) establish regional priorities for quality improvement;

 

(11) submit an annual report to the State Quality Council on the status, outcomes, improvement priorities, and activities in the region;

 

(12) choose a representative to participate on the State Quality Council and assume other responsibilities consistent with the priorities of the State Quality Council; and

 

(13) recruit, train, and assign duties to members of quality assurance teams, taking into account the size of the service provider, the number of services to be reviewed, the skills necessary for the team members to complete the process, and ensure that no team member has a financial, personal, or family relationship with the facility, program, or service being reviewed or with anyone served at the facility, program, or service.  Quality assurance teams must be comprised of county staff, persons receiving services or the person's families, legal representatives, members of advocacy organizations, providers, and other involved community members.  Team members must complete the training program approved by the regional quality council and must demonstrate performance-based competency.  Team members may be paid a per diem and reimbursed for expenses related to their participation in the quality assurance process.

 

(c) (d) The commissioner shall monitor the safety standards, rights, and procedural protections for the monitoring of psychotropic medications and those identified under sections 245.825; 245.91 to 245.97; 245A.09, subdivision 2, paragraph (c), clauses (2) and (5); 245A.12; 245A.13; 252.41, subdivision 9; 256B.092, subdivision 1b, clause (7); 626.556; and 626.557.

 

(d) (e) The regional quality councils may hire staff to perform the duties assigned in this subdivision.

 

(e) (f) The regional quality councils may charge fees for their services.

 

(f) (g) The quality assurance process undertaken by a regional quality council consists of an evaluation by a quality assurance team of the facility, program, or service.  The process must include an evaluation of a random sample of persons served.  The sample must be representative of each service provided.  The sample size must be at least five percent but not less than two persons served.  All persons must be given the opportunity to be included in the quality assurance process in addition to those chosen for the random sample.

 

(g) (h) A facility, program, or service may contest a licensing decision of the regional quality council as permitted under chapter 245A.

 

Sec. 28.  Minnesota Statutes 2014, section 256B.4914, subdivision 6, is amended to read:

 

Subd. 6.  Payments for residential support services.  (a) Payments for residential support services, as defined in sections 256B.092, subdivision 11, and 256B.49, subdivision 22, must be calculated as follows:

 

(1) determine the number of shared staffing and individual direct staff hours to meet a recipient's needs provided on site or through monitoring technology;

 

(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 5.  This is defined as the direct-care rate;

 

(3) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (2).  This is defined as the customized direct-care rate;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2485

(4) multiply the number of shared and individual direct staff hours provided on site or through monitoring technology and nursing hours by the appropriate staff wages in subdivision 5, paragraph (a), or the customized direct-care rate;

 

(5) multiply the number of shared and individual direct staff hours provided on site or through monitoring technology and nursing hours by the product of the supervision span of control ratio in subdivision 5, paragraph (b), clause (1), and the appropriate supervision wage in subdivision 5, paragraph (a), clause (16);

 

(6) combine the results of clauses (4) and (5), excluding any shared and individual direct staff hours provided through monitoring technology, and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (b), clause (2).  This is defined as the direct staffing cost;

 

(7) for employee-related expenses, multiply the direct staffing cost, excluding any shared and individual direct staff hours provided through monitoring technology, by one plus the employee-related cost ratio in subdivision 5, paragraph (b), clause (3);

 

(8) for client programming and supports, the commissioner shall add $2,179; and

 

(9) for transportation, if provided, the commissioner shall add $1,680, or $3,000 if customized for adapted transport, based on the resident with the highest assessed need.

 

(b) The total rate must be calculated using the following steps:

 

(1) subtotal paragraph (a), clauses (7) to (9), and the direct staffing cost of any shared and individual direct staff hours provided through monitoring technology that was excluded in clause (7);

 

(2) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization ratio;

 

(3) divide the result of clause (1) by one minus the result of clause (2).  This is the total payment amount; and

 

(4) adjust the result of clause (3) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.

 

(c) The payment methodology for customized living, 24-hour customized living, and residential care services must be the customized living tool.  Revisions to the customized living tool must be made to reflect the services and activities unique to disability-related recipient needs.

 

(d) The commissioner shall establish a Monitoring Technology Review Panel to annually review and approve the plans, safeguards, and rates that include residential direct care provided remotely through monitoring technology.  Lead agencies shall submit individual service plans that include supervision using monitoring technology to the Monitoring Technology Review Panel for approval.  Individual service plans that include supervision using monitoring technology as of December 31, 2013, shall be submitted to the Monitoring Technology Review Panel, but the plans are not subject to approval.

 

(e) (d) For individuals enrolled prior to January 1, 2014, the days of service authorized must meet or exceed the days of service used to convert service agreements in effect on December 1, 2013, and must not result in a reduction in spending or service utilization due to conversion during the implementation period under section 256B.4913, subdivision 4a.  If during the implementation period, an individual's historical rate, including adjustments required under section 256B.4913, subdivision 4a, paragraph (c), is equal to or greater than the rate determined in this subdivision, the number of days authorized for the individual is 365.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2486

(f) (e) The number of days authorized for all individuals enrolling after January 1, 2014, in residential services must include every day that services start and end.

 

Sec. 29.  [256B.4915] DISABILITY WAIVER REIMBURSEMENT RATE ADJUSTMENTS.

 

Subdivision 1.  Historical rate.  The commissioner of human services shall adjust the historical rates calculated in section 256B.4913, subdivision 4a, paragraph (b), in effect during the banding period under section 256B.4913, subdivision 4a, paragraph (a), for each reimbursement rate increase effective on or after July 1, 2015.

 

Subd. 2.  Residential support services.  The commissioner of human services shall adjust the rates calculated in section 256B.4914, subdivision 6, paragraphs (b) and (c), for each reimbursement rate increase effective on or after July 1, 2015.

 

Subd. 3.  Day programs.  The commissioner of human services shall adjust the rates calculated in section 256B.4914, subdivision 7, for each reimbursement rate increase effective on or after July 1, 2015.

 

Subd. 4.  Unit-based services with programming.  The commissioner of human services shall adjust the rate calculated in section 256B.4914, subdivision 8, for each reimbursement rate increase effective on or after July 1, 2015.

 

Subd. 5.  Unit-based services without programming.  The commissioner of human services shall adjust the rate calculated in section 256B.4914, subdivision 9, for each reimbursement rate increase effective on or after July 1, 2015.

 

Sec. 30.  Minnesota Statutes 2014, section 256B.492, is amended to read:

 

256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE WITH DISABILITIES.

 

(a) Individuals receiving services under a home and community-based waiver under section 256B.092 or 256B.49 may receive services in the following settings:

 

(1) an individual's own home or family home and community-based settings that comply with all requirements identified by the federal Centers for Medicare and Medicaid Services in the Code of Federal Regulations, title 42, section 441.301(c), and with the requirements of the federally approved transition plan and waiver plans for each home and community-based services waiver; and

 

(2) a licensed adult foster care or child foster care setting of up to five people or community residential setting of up to five people; and settings required by the Housing Opportunities for Persons with AIDS Program.

 

(3) community living settings as defined in section 256B.49, subdivision 23, where individuals with disabilities may reside in all of the units in a building of four or fewer units, and who receive services under a home and community-based waiver occupy no more than the greater of four or 25 percent of the units in a multifamily building of more than four units, unless required by the Housing Opportunities for Persons with AIDS Program.

 

(b) The settings in paragraph (a) must not:

 

(1) be located in a building that is a publicly or privately operated facility that provides institutional treatment or custodial care;

 

(2) be located in a building on the grounds of or adjacent to a public or private institution;

 

(3) be a housing complex designed expressly around an individual's diagnosis or disability, unless required by the Housing Opportunities for Persons with AIDS Program;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2487

(4) be segregated based on a disability, either physically or because of setting characteristics, from the larger community; and

 

(5) have the qualities of an institution which include, but are not limited to:  regimented meal and sleep times, limitations on visitors, and lack of privacy.  Restrictions agreed to and documented in the person's individual service plan shall not result in a residence having the qualities of an institution as long as the restrictions for the person are not imposed upon others in the same residence and are the least restrictive alternative, imposed for the shortest possible time to meet the person's needs.

 

(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which individuals receive services under a home and community-based waiver as of July 1, 2012, and the setting does not meet the criteria of this section.

 

(d) Notwithstanding paragraph (c), a program in Hennepin County established as part of a Hennepin County demonstration project is qualified for the exception allowed under paragraph (c).

 

(e) Notwithstanding paragraphs (a) and (b), a program in Hennepin County, located in the city of Golden Valley, within the city of Golden Valley's Highway 55 West redevelopment area, that is not a provider-owned or controlled home and community-based setting, and is scheduled to open by July 1, 2016, is exempt from the restrictions in paragraphs (a) and (b).  If the program fails to comply with the Centers for Medicare and Medicaid Services rules for home and community-based settings, the exemption is void.

 

(f) The commissioner shall submit an amendment to the waiver plan no later than December 31, 2012.

 

EFFECTIVE DATE.  This section is effective July 1, 2016.

 

Sec. 31.  Minnesota Statutes 2014, section 256B.5012, is amended by adding a subdivision to read:

 

Subd. 17.  ICF/DD rate increase effective July 1, 2016.  (a) For the rate period from July 1, 2016, to June 30, 2017, the commissioner shall increase operating payments for each facility reimbursed under this section equal to five percent of the operating payment rates in effect on June 30, 2016.

 

(b) For each facility, the commissioner shall apply the rate increase based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate in effect on the preceding date.  The total rate increase shall include the adjustment provided in section 256B.501, subdivision 12.

 

(c) Facilities that receive a rate increase under this subdivision shall use 90 percent of the additional revenue to increase compensation-related costs for employees directly employed by the facility on or after the effective date of the rate adjustment in paragraph (a), except:

 

(1) persons employed in the central office of a corporation or entity that has an ownership interest in the facility or exercises control over the facility; and

 

(2) persons paid by the facility under a management contract.

 

(d) Compensation-related costs include:

 

(1) wages and salaries;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2488

(2) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, and mileage reimbursement;

 

(3) the employer's share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, pensions, and contributions to employee retirement accounts; and

 

(4) other benefits provided and workforce needs, including the recruiting and training of employees as specified in the distribution plan required under paragraph (h).

 

(e) For public employees under a collective bargaining agreement, the increases for wages and benefits for certain staff are available and pay rates must be increased only to the extent that the increases comply with laws governing public employees' collective bargaining.  A provider that receives additional revenue for compensation‑related cost increases under paragraph (c), that is a public employer, and whose fiscal year ends on June 30 of each year, must use the portion of the rate increase specified in paragraph (c) only for compensation‑related cost increases implemented between July 1, 2016, and August 1, 2016.  A provider that receives additional revenue for compensation-related cost increases under paragraph (c), that is a public employer, and whose fiscal year ends on December 31 of each year, must use the portion of the compensation-related cost increases specified in paragraph (c) only for compensation-related cost increases implemented during the contract period.

 

(f) For a facility that has employees that are represented by an exclusive bargaining representative, the provider shall obtain a letter of acceptance of the distribution plan required under paragraph (h), in regard to the members of the bargaining unit, signed by the exclusive bargaining agent.  Upon receipt of the letter of acceptance, the facility shall be deemed to have met all the requirements of this subdivision in regard to the members of the bargaining unit.  Upon request, the facility shall produce the letter of acceptance for the commissioner.

 

(g) The commissioner shall amend state grant contracts that include direct personnel-related grant expenditures to include the allocation for the portion of the contract related to employee compensation.  Grant contracts for compensation-related services must be amended to pass through the adjustment within 60 days of the effective date of the increase and must be retroactive to the effective date of the rate adjustment.

 

(h) A facility that receives a rate adjustment under paragraph (a) that is subject to paragraphs (c) and (d) shall prepare and, upon request, submit to the commissioner a distribution plan that specifies the amount of money the facility expects to receive that is subject to the requirements of paragraphs (c) and (d), including how that money will be distributed to increase compensation for employees.

 

(i) Within six months of the effective date of the rate adjustment, the facility shall post the distribution plan required under paragraph (h) for a period of at least six weeks in an area of the facility's operation to which all eligible employees have access and shall provide instructions for employees who do not believe they have received the wage and other compensation-related increases specified in the distribution plan.  The instructions must include a mailing address, e­mail address, and telephone number that an employee may use to contact the commissioner or the commissioner's representative.

 

Sec. 32.  [256Q.01] PLAN ESTABLISHED.

 

A savings plan known as the Minnesota ABLE plan is established.  In establishing this plan, the legislature seeks to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life, and to provide secure funding for disability‑related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, the Medicaid program under title XIX of the Social Security Act, the Supplemental Security Income program under title XVI of the Social Security Act, the beneficiary's employment, and other sources.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2489

Sec. 33.  [256Q.02] CITATION.

 

This chapter may be cited as the "Minnesota Achieving a Better Life Experience Act" or "Minnesota ABLE Act."

 

Sec. 34.  [256Q.03] DEFINITIONS.

 

Subdivision 1.  Scope.  For the purposes of this chapter, the terms defined in this section have the meanings given them.

 

Subd. 2.  ABLE account.  "ABLE account" has the meaning given in section 529A(e)(6) of the Internal Revenue Code.

 

Subd. 3.  ABLE account plan or plan.  "ABLE account plan" or "plan" means the qualified ABLE program, as defined in section 529A(b) of the Internal Revenue Code, provided for in this chapter.

 

Subd. 4.  Account.  "Account" means the formal record of transactions relating to an ABLE plan beneficiary.

 

Subd. 5.  Account owner.  "Account owner" means the designated beneficiary of the account.

 

Subd. 6.  Annual contribution limit.  "Annual contribution limit" has the meaning given in section 529A(b)(2) of the Internal Revenue Code.

 

Subd. 7.  Application.  "Application" means the form executed by a prospective account owner to enter into a participation agreement and open an account in the plan.  The application incorporates by reference the participation agreement.

 

Subd. 8.  Board.  "Board" mans the State Board of Investment.

 

Subd. 9.  Commissioner.  "Commissioner" means the commissioner of human services.

 

Subd. 10.  Contribution.  "Contribution" means a payment directly allocated to an account for the benefit of a beneficiary.

 

Subd. 11.  Department.  "Department" means the Department of Human Services.

 

Subd. 12.  Designated beneficiary or beneficiary.  "Designated beneficiary" or "beneficiary" has the meaning given in section 529A(e)(3) of the Internal Revenue Code and further defined through regulations issued under that section.

 

Subd. 13.  Earnings.  "Earnings" means the total account balance minus the investment in the account.

 

Subd. 14.  Eligible individual.  "Eligible individual" has the meaning given in section 529A(e)(1) of the Internal Revenue Code and further defined through regulations issued under that section.

 

Subd. 15.  Executive director.  "Executive director" means the executive director of the State Board of Investment.

 

Subd. 16.  Internal Revenue Code.  "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2490

Subd. 17.  Investment in the account.  "Investment in the account" means the sum of all contributions made to an account by a particular date minus the aggregate amount of contributions included in distributions or rollover distributions, if any, made from the account as of that date.

 

Subd. 18.  Member of the family.  "Member of the family" has the meaning given in section 529A(e)(4) of the Internal Revenue Code.

 

Subd. 19.  Participation agreement.  "Participation agreement" means an agreement to participate in the Minnesota ABLE plan between an account owner and the state through its agencies, the commissioner, and the board.

 

Subd. 20.  Person.  "Person" means an individual, trust, estate, partnership, association, company, corporation, or the state.

 

Subd. 21.  Plan administrator.  "Plan administrator" means the person selected by the commissioner and the board to administer the daily operations of the ABLE account plan and provide record keeping, investment management, and other services for the plan.

 

Subd. 22.  Qualified disability expense.  "Qualified disability expense" has the meaning given in section 529A(e)(5) of the Internal Revenue Code and further defined through regulations issued under that section.

 

Subd. 23.  Qualified distribution.  "Qualified distribution" means a withdrawal from an ABLE account to pay the qualified disability expenses of the beneficiary of the account.  A qualified withdrawal may be made by the beneficiary, by an agent of the beneficiary who has the power of attorney, or by the beneficiary's legal guardian.

 

Subd. 24.  Rollover distribution.  "Rollover distribution" means a transfer of funds made:

 

(1) from one account in another state's qualified ABLE program to an account for the benefit of the same designated beneficiary or an eligible individual who is a family member of the former designated beneficiary; or

 

(2) from one account to another account for the benefit of an eligible individual who is a family member of the former designated beneficiary.

 

Subd. 25.  Total account balance.  "Total account balance" means the amount in an account on a particular date or the fair market value of an account on a particular date.

 

Sec. 35.  [256Q.04] ABLE PLAN REQUIREMENTS.

 

Subdivision 1.  State residency requirement.  The designated beneficiary of an ABLE account must be a resident of Minnesota, or the resident of a state that has entered into a contract with Minnesota to provide its residents access to the Minnesota ABLE plan.

 

Subd. 2.  Single account requirement.  No more than one ABLE account shall be established per beneficiary, except as permitted under section 529A(c)(4) of the Internal Revenue Code.

 

Subd. 3.  Accounts-type plan.  The plan must be operated as an accounts-type plan.  A separate account must be maintained for each designated beneficiary for whom contributions are made.

 

Subd. 4.  Contribution and account requirements.  Contributions to an ABLE account are subject to the requirements of section 529A(b)(2) of the Internal Revenue Code prohibiting noncash contributions and contributions in excess of the annual contribution limit.  The total account balance may not exceed the maximum account balance limit imposed under section 136G.09, subdivision 8.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2491

Subd. 5.  Limited investment direction.  Designated beneficiaries may not direct the investment of assets in their accounts more than twice in any calendar year.

 

Subd. 6.  Security for loans.  An interest in an account must not be used as security for a loan.

 

Sec. 36.  [256Q.05] ABLE PLAN ADMINISTRATION.

 

Subdivision 1.  Plan to comply with federal law.  The commissioner shall ensure that the plan meets the requirements for an ABLE account under section 529A of the Internal Revenue Code, including any regulations released after the effective date of this section.  The commissioner may request a private letter ruling or rulings from the Internal Revenue Service or secretary of health and human services and must take any necessary steps to ensure that the plan qualifies under relevant provisions of federal law.

 

Subd. 2.  Plan rules and procedures.  (a) The commissioner shall establish the rules, terms, and conditions for the plan, subject to the requirements of this chapter and section 529A of the Internal Revenue Code.

 

(b) The commissioner shall prescribe the application forms, procedures, and other requirements that apply to the plan.

 

Subd. 3.  Consultation with other state agencies; annual fee.  In designing and establishing the plan's requirements and in negotiating or entering into contracts with third parties under subdivision 4, the commissioner shall consult with the executive director of the board and the commissioner of the Office of Higher Education.  The commissioner and the executive director shall establish an annual fee, equal to a percentage of the average daily net assets of the plan, to be imposed on account owners to recover the costs of administration, record keeping, and investment management as provided in subdivision 5.

 

Subd. 4.  Administration.  The commissioner shall administer the plan, including accepting and processing applications, verifying state residency, verifying eligibility, maintaining account records, making payments, and undertaking any other necessary tasks to administer the plan.  Notwithstanding other requirements of this chapter, the commissioner shall adopt rules for purposes of implementing and administering the plan.  The commissioner may contract with one or more third parties to carry out some or all of these administrative duties, including providing incentives.  The commissioner and the board may jointly contract with third-party providers if the commissioner and board determine that it is desirable to contract with the same entity or entities for administration and investment management.

 

Subd. 5.  Authority to impose fees.  The commissioner, or the commissioner's designee, may impose annual fees, as provided in subdivision 3, on account owners to recover the costs of administration.  The commissioner must keep the fees as low as possible, consistent with efficient administration, so that the returns on savings invested in the plan are as high as possible.

 

Subd. 6.  Federally mandated reporting.  (a) As required under section 529A(d) of the Internal Revenue Code, the commissioner or the commissioner's designee shall submit a notice to the secretary of the treasury upon the establishment of each ABLE account.  The notice must contain the name and state of residence of the designated beneficiary and other information as the secretary may require.

 

(b) As required under section 529A(d) of the Internal Revenue Code, the commissioner or the commissioner's designee shall submit electronically on a monthly basis to the commissioner of Social Security, in a manner specified by the commissioner of Social Security, statements on relevant distributions and account balances from all ABLE accounts.

 

Subd. 7.  Data.  (a) Data on ABLE accounts and designated beneficiaries of ABLE accounts are private data on individuals or nonpublic data as defined in section 13.02.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2492

(b) The commissioner may share or disseminate data classified as private or nonpublic in this subdivision as follows:

 

(1) with other state or federal agencies, only to the extent necessary to verify the identity of, determine the eligibility of, or process applications for an eligible individual participating in the Minnesota ABLE plan; and

 

(2) with a nongovernmental person, only to the extent necessary to carry out the functions of the Minnesota ABLE plan, provided the commissioner has entered into a data-sharing agreement with the person, as provided in section 13.05, subdivision 6, prior to sharing data under this clause or a contract with that person that complies with section 13.05, subdivision 11, as applicable.

 

Sec. 37.  [256Q.06] PLAN ACCOUNTS.

 

Subdivision 1.  Contributions to an account.  Any person may make contributions to an ABLE account on behalf of a designated beneficiary.  Contributions to an account made by persons other than the account owner become the property of the account owner.  A person does not acquire an interest in an ABLE account by making contributions to an account.  Contributions to an account must be made in cash, by check, or by other commercially acceptable means, as permitted by the Internal Revenue Service and approved by the plan administrator in cooperation with the commissioner and the board.

 

Subd. 2.  Contribution and account limitations.  Contributions to an ABLE account are subject to the requirements of section 529A(b) of the Internal Revenue Code.  The total account balance of an ABLE account may not exceed the maximum account balance limit imposed under section 136G.09, subdivision 8.  The plan administrator must reject any portion of a contribution to an account that exceeds the annual contribution limit or that would cause the total account balance to exceed the maximum account balance limit imposed under section 136G.09, subdivision 8.

 

Subd. 3.  Authority of account owner.  An account owner is the only person entitled to:

 

(1) request distributions;

 

(2) request rollover distributions; or

 

(3) change the beneficiary of an ABLE account to a member of the family of the current beneficiary, but only if the beneficiary to whom the ABLE account is transferred is an eligible individual.

 

Subd. 4.  Effect of plan changes on participation agreement.  Amendments to this chapter automatically amend the participation agreement.  Any amendments to the operating procedures and policies of the plan automatically amend the participation agreement after adoption by the commissioner or the board.

 

Subd. 5.  Special account to hold plan assets in trust.  All assets of the plan, including contributions to accounts, are held in trust for the exclusive benefit of account owners.  Assets must be held in a separate account in the state treasury to be known as the Minnesota ABLE plan account or in accounts with the third-party provider selected pursuant to section 256Q.05, subdivision 4.  Plan assets are not subject to claims by creditors of the state, are not part of the general fund, and are not subject to appropriation by the state.  Payments from the Minnesota ABLE plan account shall be made under this chapter.

 

Sec. 38.  [256Q.07] INVESTMENT OF ABLE ACCOUNTS.

 

Subdivision 1.  State Board of Investment to invest.  The State Board of Investment shall invest the money deposited in accounts in the plan.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2493

Subd. 2.  Permitted investments.  The board may invest the accounts in any permitted investment under section 11A.24, except that the accounts may be invested without limit in investment options from open-ended investment companies registered under the federal Investment Company Act of 1940, United States Code, title 15, sections 80a‑1 to 80a-64.

 

Subd. 3.  Contracting authority.  The board may contract with one or more third parties for investment management, record keeping, or other services in connection with investing the accounts.  The board and commissioner may jointly contract with third-party providers if the commissioner and board determine that it is desirable to contract with the same entity or entities for administration and investment management.

 

Sec. 39.  [256Q.08] ACCOUNT DISTRIBUTIONS.

 

Subdivision 1.  Qualified distribution methods.  (a) Qualified distributions may be made:

 

(1) directly to participating providers of goods and services that are qualified disability expenses, if purchased for a beneficiary;

 

(2) in the form of a check payable to both the beneficiary and provider of goods or services that are qualified disability expenses; or

 

(3) directly to the beneficiary, if the beneficiary has already paid qualified disability expenses.

 

(b) Qualified distributions must be withdrawn proportionally from contributions and earnings in an account owner's account on the date of distribution as provided in section 529A of the Internal Revenue Code.

 

Subd. 2.  Distributions upon death of beneficiary.  Upon the death of a beneficiary, the amount remaining in the beneficiary's account must be distributed pursuant to section 529A(f) of the Internal Revenue Code.

 

Subd. 3.  Nonqualified distribution.  An account owner may request a nonqualified distribution from an account at any time.  Nonqualified distributions are based on the total account balances in an account owner's account and must be withdrawn proportionally from contributions and earnings as provided in section 529A of the Internal Revenue Code.  The earnings portion of a nonqualified distribution is subject to a federal additional tax pursuant to section 529A of the Internal Revenue Code.  For purposes of this subdivision, "earnings portion" means the ratio of the earnings in the account to the total account balance, immediately prior to the distribution, multiplied by the distribution.

 

Sec. 40.  Laws 2012, chapter 247, article 4, section 47, as amended by Laws 2014, chapter 312, article 27, section 72, is amended to read:

 

Sec. 47.  COMMISSIONER TO SEEK AMENDMENT FOR EXCEPTION TO CONSUMER‑DIRECTED COMMUNITY SUPPORTS BUDGET METHODOLOGY.

 

By July 1, 2014, if necessary, The commissioner shall request an amendment to the home and community-based services waivers authorized under Minnesota Statutes, sections 256B.092 and 256B.49, to establish an exception to the consumer-directed community supports budget methodology for the home and community-based services waivers under Minnesota Statutes, sections 256B.092 and 256B.49, to provide up to 20 percent more funds for those:

 

(1) consumer-directed community supports participants who have their 21st birthday and graduate graduated from high school between 2013 to 2015 and are authorized for to receive more services under consumer-directed community supports prior to graduation than the amount they are eligible to receive under the current consumer‑directed community supports budget methodology; and


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2494

(2) those who are currently using licensed services for employment supports or services during the day which cost more annually than the person would spend under a consumer-directed community supports plan for individualized employment supports or services during the day.  The exception is limited to those who can demonstrate either that they will have to leave consumer-directed community supports and use other waiver services because their need for day or employment supports cannot be met within the consumer-directed community supports budget limits or they will move to consumer-directed community supports and their services will cost less than services currently being used.  The commissioner shall consult with the stakeholder group authorized under Minnesota Statutes, section 256B.0657, subdivision 11, to implement this provision.  The exception process shall be effective upon federal approval for persons eligible through June 30, 2017 2019.

 

Sec. 41.  PROVIDER RATE AND GRANT INCREASES EFFECTIVE JULY 1, 2016.

 

(a) The commissioner of human services shall increase reimbursement rates, grants, allocations, individual limits, and rate limits, as applicable, by five percent for the rate period from July 1, 2016, to June 30, 2017, for services rendered on or after those dates.  County or tribal contracts for services specified in this section must be amended to pass through the rate increase within 60 days of the effective date of the increase.

 

(b) The rate changes described in this section must be provided to:

 

(1) home and community-based waivered services for persons with developmental disabilities, including consumer-directed community supports, under Minnesota Statutes, section 256B.092;

 

(2) waivered services under community alternatives for disabled individuals, including consumer-directed community supports, under Minnesota Statutes, section 256B.49;

 

(3) community alternative care waivered services, including consumer-directed community supports, under Minnesota Statutes, section 256B.49;

 

(4) brain injury waivered services, including consumer-directed community supports, under Minnesota Statutes, section 256B.49;

 

(5) home and community-based waivered services for the elderly under Minnesota Statutes, section 256B.0915;

 

(6) nursing services and home health services under Minnesota Statutes, section 256B.0625, subdivision 6a;

 

(7) personal care services and qualified professional supervision of personal care services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;

 

(8) home care nursing services under Minnesota Statutes, section 256B.0625, subdivision 7;

 

(9) community first services and supports under Minnesota Statutes, section 256B.85;

 

(10) essential community supports under Minnesota Statutes, section 256B.0922;

 

(11) day training and habilitation services for adults with developmental disabilities under Minnesota Statutes, sections 252.41 to 252.46, including the additional cost to counties of the rate adjustments on day training and habilitation services provided as a social service;

 

(12) alternative care services under Minnesota Statutes, section 256B.0913;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2495

(13) living skills training programs for persons with intractable epilepsy who need assistance in the transition to independent living under Laws 1988, chapter 689;

 

(14) semi-independent living services (SILS) under Minnesota Statutes, section 252.275;

 

(15) consumer support grants under Minnesota Statutes, section 256.476;

 

(16) family support grants under Minnesota Statutes, section 252.32;

 

(17) housing access grants under Minnesota Statutes, section 256B.0658;

 

(18) self-advocacy grants under Laws 2009, chapter 101;

 

(19) technology grants under Laws 2009, chapter 79;

 

(20) aging grants under Minnesota Statutes, sections 256.975 to 256.977 and 256B.0917;

 

(21) deaf and hard-of-hearing grants, including community support services for deaf and hard-of-hearing adults with mental illness who use or wish to use sign language as their primary means of communication under Minnesota Statutes, section 256.01, subdivision 2;

 

(22) deaf and hard-of-hearing grants under Minnesota Statutes, sections 256C.233, 256C.25, and 256C.261;

 

(23) Disability Linkage Line grants under Minnesota Statutes, section 256.01, subdivision 24;

 

(24) transition initiative grants under Minnesota Statutes, section 256.478;

 

(25) employment support grants under Minnesota Statutes, section 256B.021, subdivision 6; and

 

(26) grants provided to people who are eligible for the Housing Opportunities for Persons with AIDS program under Minnesota Statutes, section 256B.492.

 

(c) A managed care plan or county-based purchasing plan receiving state payments for the services, grants, and programs in paragraph (b) must include the increase in their payments to providers.  For the purposes of this subdivision, entities that provide care coordination are providers.  To implement the rate increase in paragraph (a), capitation rates paid by the commissioner to managed care plans and county-based purchasing plans under Minnesota Statutes, section 256B.69, shall reflect a five percent increase for the services, grants, and programs specified in paragraph (b) for the period beginning July 1, 2016.

 

(d) Counties shall increase the budget for each recipient of consumer-directed community supports by the amounts in paragraph (a) on the effective date in paragraph (a).

 

(e) Providers that receive a rate increase under paragraph (a) shall use 90 percent of the additional revenue to increase compensation-related costs for employees directly employed by the program on or after the effective date of the rate adjustment in paragraph (a), except:

 

(1) persons employed in the central office of a corporation or entity that has an ownership interest in the provider or exercises control over the provider; and

 

(2) persons paid by the provider under a management contract.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2496

(f) Compensation-related costs include:

 

(1) wages and salaries;

 

(2) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, and mileage reimbursement;

 

(3) the employer's share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, pensions, and contributions to employee retirement accounts; and

 

(4) other benefits provided and workforce needs, including the recruiting and training of employees as specified in the distribution plan required under paragraph (k).

 

(g) For public employees under a collective bargaining agreement, the increases for wages and benefits are available and pay rates must be increased only to the extent that the increases comply with laws governing public employees' collective bargaining.  A provider that receives additional revenue for compensation-related cost increases under paragraph (e), that is a public employer, and whose fiscal year ends on June 30 of each year, must use the portion of the rate increase specified in paragraph (e) only for compensation-related cost increases implemented between July 1, 2016, and August 1, 2016.  A provider that receives additional revenue for compensation-related cost increases under paragraph (e), that is a public employer, and whose fiscal year ends on December 31 of each year, must use the portion of the compensation-related cost increases specified in paragraph (e) only for compensation-related cost increases implemented during the contract period. 

 

(h) For a provider that has employees who are represented by an exclusive bargaining representative, the provider shall obtain a letter of acceptance of the distribution plan required under paragraph (k), in regard to the members of the bargaining unit, signed by the exclusive bargaining agent.  Upon receipt of the letter of acceptance, the provider shall be deemed to have met all the requirements of this section in regard to the members of the bargaining unit.  Upon request, the provider shall produce the letter of acceptance for the commissioner.

 

(i) The commissioner shall amend state grant contracts that include direct personnel-related grant expenditures to include the allocation for the portion of the contract related to employee compensation.  Grant contracts for compensation-related services must be amended to pass through these adjustments within 60 days of the effective date of the increase under paragraph (a) and must be retroactive to the effective date of the rate adjustment.

 

(j) The Board on Aging and its area agencies on aging shall amend their grants that include direct personnel‑related grant expenditures to include the rate adjustment for the portion of the grant related to employee compensation.  Grants for compensation-related services must be amended to pass through these adjustments within 60 days of the effective date of the increase under paragraph (a) and must be retroactive to the effective date of the rate adjustment.

 

(k) A provider that receives a rate adjustment under paragraph (a) that is subject to paragraph (e) shall prepare and, upon request, submit to the commissioner a distribution plan that specifies the amount of money the provider expects to receive that is subject to the requirements of paragraph (e), including how that money will be distributed to increase compensation for employees.

 

(l) Within six months of the effective date of the rate adjustment, the provider shall post the distribution plan required under paragraph (k) for a period of at least six weeks in an area of the provider's operation to which all eligible employees have access and shall provide instructions for employees who do not believe they have received the wage and other compensation-related increases specified in the distribution plan.  The instructions must include a mailing address, e­mail address, and telephone number that the employee may use to contact the commissioner or the commissioner's representative.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2497

Sec. 42.  DIRECTION TO COMMISSIONER; PEDIATRIC HOME CARE STUDY.

 

The commissioner of human services shall review the status of delayed discharges of pediatric patients and determine if an increase in the medical assistance payment rate for intensive pediatric home care would reduce the number of delayed discharges of pediatric patients.  The commissioner shall report the results of the review to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over health and human services policy and finance by January 15, 2016.

 

ARTICLE 5

NURSING FACILITY PAYMENT REFORM AND WORKFORCE DEVELOPMENT

 

Section 1.  [144.1503] HOME AND COMMUNITY-BASED SERVICES EMPLOYEE SCHOLARSHIP PROGRAM.

 

Subdivision 1.  Creation.  The home and community-based services employee scholarship grant program is established for the purpose of assisting qualified provider applicants to fund employee scholarships for education in nursing and other health care fields.

 

Subd. 2.  Provision of grants.  The commissioner shall make grants available to qualified providers of older adult services.  Grants must be used by home and community-based service providers to recruit and train staff through the establishment of an employee scholarship fund.

 

Subd. 3.  Eligibility.  (a) Eligible providers must primarily provide services to individuals who are 65 years of age and older in home and community-based settings, including housing with services establishments as defined in section 144D.01, subdivision 4; adult day care as defined in section 245A.02, subdivision 2a; and home care services as defined in section 144A.43, subdivision 3.

 

(b) Qualifying providers must establish a home and community-based services employee scholarship program, as specified in subdivision 4.  Providers that receive funding under this section must use the funds to award scholarships to employees who work an average of at least 16 hours per week for the provider.

 

Subd. 4.  Home and community-based services employee scholarship program.  Each qualifying provider under this section must propose a home and community-based services employee scholarship program.  Providers must establish criteria by which funds are to be distributed among employees.  At a minimum, the scholarship program must cover employee costs related to a course of study that is expected to lead to career advancement with the provider or in the field of long-term care, including home care, care of persons with disabilities, or nursing.

 

Subd. 5.  Participating providers.  The commissioner shall publish a request for proposals in the State Register, specifying provider eligibility requirements, criteria for a qualifying employee scholarship program, provider selection criteria, documentation required for program participation, maximum award amount, and methods of evaluation.  The commissioner must publish additional requests for proposals each year in which funding is available for this purpose.

 

Subd. 6.  Application requirements.  Eligible providers seeking a grant shall submit an application to the commissioner.  Applications must contain a complete description of the employee scholarship program being proposed by the applicant, including the need for the organization to enhance the education of its workforce, the process for determining which employees will be eligible for scholarships, any other sources of funding for scholarships, the expected degrees or credentials eligible for scholarships, the amount of funding sought for the scholarship program, a proposed budget detailing how funds will be spent, and plans for retaining eligible employees after completion of their scholarship.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2498

Subd. 7.  Selection process.  The commissioner shall determine a maximum award for grants and make grant selections based on the information provided in the grant application, including the demonstrated need for an applicant provider to enhance the education of its workforce, the proposed employee scholarship selection process, the applicant's proposed budget, and other criteria as determined by the commissioner.  Notwithstanding any law or rule to the contrary, funds awarded to grantees in a grant agreement do not lapse until the grant agreement expires.

 

Subd. 8.  Reporting requirements.  Participating providers shall submit an invoice for reimbursement and a report to the commissioner on a schedule determined by the commissioner and on a form supplied by the commissioner.  The report shall include the amount spent on scholarships; the number of employees who received scholarships; and, for each scholarship recipient, the name of the recipient, the current position of the recipient, the amount awarded, the educational institution attended, the nature of the educational program, and the expected or actual program completion date.  During the grant period, the commissioner may require and collect from grant recipients other information necessary to evaluate the program.

 

Sec. 2.  Minnesota Statutes 2014, section 144A.071, subdivision 4a, is amended to read:

 

Subd. 4a.  Exceptions for replacement beds.  It is in the best interest of the state to ensure that nursing homes and boarding care homes continue to meet the physical plant licensing and certification requirements by permitting certain construction projects.  Facilities should be maintained in condition to satisfy the physical and emotional needs of residents while allowing the state to maintain control over nursing home expenditure growth.

 

The commissioner of health in coordination with the commissioner of human services, may approve the renovation, replacement, upgrading, or relocation of a nursing home or boarding care home, under the following conditions:

 

(a) to license or certify beds in a new facility constructed to replace a facility or to make repairs in an existing facility that was destroyed or damaged after June 30, 1987, by fire, lightning, or other hazard provided:

 

(i) destruction was not caused by the intentional act of or at the direction of a controlling person of the facility;

 

(ii) at the time the facility was destroyed or damaged the controlling persons of the facility maintained insurance coverage for the type of hazard that occurred in an amount that a reasonable person would conclude was adequate;

 

(iii) the net proceeds from an insurance settlement for the damages caused by the hazard are applied to the cost of the new facility or repairs;

 

(iv) the number of licensed and certified beds in the new facility does not exceed the number of licensed and certified beds in the destroyed facility; and

 

(v) the commissioner determines that the replacement beds are needed to prevent an inadequate supply of beds.

 

Project construction costs incurred for repairs authorized under this clause shall not be considered in the dollar threshold amount defined in subdivision 2;

 

(b) to license or certify beds that are moved from one location to another within a nursing home facility, provided the total costs of remodeling performed in conjunction with the relocation of beds does not exceed $1,000,000;

 

(c) to license or certify beds in a project recommended for approval under section 144A.073;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2499

(d) to license or certify beds that are moved from an existing state nursing home to a different state facility, provided there is no net increase in the number of state nursing home beds;

 

(e) to certify and license as nursing home beds boarding care beds in a certified boarding care facility if the beds meet the standards for nursing home licensure, or in a facility that was granted an exception to the moratorium under section 144A.073, and if the cost of any remodeling of the facility does not exceed $1,000,000.  If boarding care beds are licensed as nursing home beds, the number of boarding care beds in the facility must not increase beyond the number remaining at the time of the upgrade in licensure.  The provisions contained in section 144A.073 regarding the upgrading of the facilities do not apply to facilities that satisfy these requirements;

 

(f) to license and certify up to 40 beds transferred from an existing facility owned and operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the same location as the existing facility that will serve persons with Alzheimer's disease and other related disorders.  The transfer of beds may occur gradually or in stages, provided the total number of beds transferred does not exceed 40.  At the time of licensure and certification of a bed or beds in the new unit, the commissioner of health shall delicense and decertify the same number of beds in the existing facility.  As a condition of receiving a license or certification under this clause, the facility must make a written commitment to the commissioner of human services that it will not seek to receive an increase in its property-related payment rate as a result of the transfers allowed under this paragraph;

 

(g) to license and certify nursing home beds to replace currently licensed and certified boarding care beds which may be located either in a remodeled or renovated boarding care or nursing home facility or in a remodeled, renovated, newly constructed, or replacement nursing home facility within the identifiable complex of health care facilities in which the currently licensed boarding care beds are presently located, provided that the number of boarding care beds in the facility or complex are decreased by the number to be licensed as nursing home beds and further provided that, if the total costs of new construction, replacement, remodeling, or renovation exceed ten percent of the appraised value of the facility or $200,000, whichever is less, the facility makes a written commitment to the commissioner of human services that it will not seek to receive an increase in its property-related payment rate by reason of the new construction, replacement, remodeling, or renovation.  The provisions contained in section 144A.073 regarding the upgrading of facilities do not apply to facilities that satisfy these requirements;

 

(h) to license as a nursing home and certify as a nursing facility a facility that is licensed as a boarding care facility but not certified under the medical assistance program, but only if the commissioner of human services certifies to the commissioner of health that licensing the facility as a nursing home and certifying the facility as a nursing facility will result in a net annual savings to the state general fund of $200,000 or more;

 

(i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing home beds in a facility that was licensed and in operation prior to January 1, 1992;

 

(j) to license and certify new nursing home beds to replace beds in a facility acquired by the Minneapolis Community Development Agency as part of redevelopment activities in a city of the first class, provided the new facility is located within three miles of the site of the old facility.  Operating and property costs for the new facility must be determined and allowed under section 256B.431 or 256B.434;

 

(k) to license and certify up to 20 new nursing home beds in a community-operated hospital and attached convalescent and nursing care facility with 40 beds on April 21, 1991, that suspended operation of the hospital in April 1986.  The commissioner of human services shall provide the facility with the same per diem property-related payment rate for each additional licensed and certified bed as it will receive for its existing 40 beds;

 

(l) to license or certify beds in renovation, replacement, or upgrading projects as defined in section 144A.073, subdivision 1, so long as the cumulative total costs of the facility's remodeling projects do not exceed $1,000,000;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2500

(m) to license and certify beds that are moved from one location to another for the purposes of converting up to five four-bed wards to single or double occupancy rooms in a nursing home that, as of January 1, 1993, was county-owned and had a licensed capacity of 115 beds;

 

(n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified nursing facility located in Minneapolis to layaway all of its licensed and certified nursing home beds.  These beds may be relicensed and recertified in a newly constructed teaching nursing home facility affiliated with a teaching hospital upon approval by the legislature.  The proposal must be developed in consultation with the interagency committee on long-term care planning.  The beds on layaway status shall have the same status as voluntarily delicensed and decertified beds, except that beds on layaway status remain subject to the surcharge in section 256.9657.  This layaway provision expires July 1, 1998;

 

(o) to allow a project which will be completed in conjunction with an approved moratorium exception project for a nursing home in southern Cass County and which is directly related to that portion of the facility that must be repaired, renovated, or replaced, to correct an emergency plumbing problem for which a state correction order has been issued and which must be corrected by August 31, 1993;

 

(p) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified nursing facility located in Minneapolis to layaway, upon 30 days prior written notice to the commissioner, up to 30 of the facility's licensed and certified beds by converting three-bed wards to single or double occupancy.  Beds on layaway status shall have the same status as voluntarily delicensed and decertified beds except that beds on layaway status remain subject to the surcharge in section 256.9657, remain subject to the license application and renewal fees under section 144A.07 and shall be subject to a $100 per bed reactivation fee.  In addition, at any time within three years of the effective date of the layaway, the beds on layaway status may be:

 

(1) relicensed and recertified upon relocation and reactivation of some or all of the beds to an existing licensed and certified facility or facilities located in Pine River, Brainerd, or International Falls; provided that the total project construction costs related to the relocation of beds from layaway status for any facility receiving relocated beds may not exceed the dollar threshold provided in subdivision 2 unless the construction project has been approved through the moratorium exception process under section 144A.073;

 

(2) relicensed and recertified, upon reactivation of some or all of the beds within the facility which placed the beds in layaway status, if the commissioner has determined a need for the reactivation of the beds on layaway status.

 

The property-related payment rate of a facility placing beds on layaway status must be adjusted by the incremental change in its rental per diem after recalculating the rental per diem as provided in section 256B.431, subdivision 3a, paragraph (c).  The property-related payment rate for a facility relicensing and recertifying beds from layaway status must be adjusted by the incremental change in its rental per diem after recalculating its rental per diem using the number of beds after the relicensing to establish the facility's capacity day divisor, which shall be effective the first day of the month following the month in which the relicensing and recertification became effective.  Any beds remaining on layaway status more than three years after the date the layaway status became effective must be removed from layaway status and immediately delicensed and decertified;

 

(q) to license and certify beds in a renovation and remodeling project to convert 12 four-bed wards into 24 two‑bed rooms, expand space, and add improvements in a nursing home that, as of January 1, 1994, met the following conditions:  the nursing home was located in Ramsey County; had a licensed capacity of 154 beds; and had been ranked among the top 15 applicants by the 1993 moratorium exceptions advisory review panel.  The total project construction cost estimate for this project must not exceed the cost estimate submitted in connection with the 1993 moratorium exception process;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2501

(r) to license and certify up to 117 beds that are relocated from a licensed and certified 138-bed nursing facility located in St. Paul to a hospital with 130 licensed hospital beds located in South St. Paul, provided that the nursing facility and hospital are owned by the same or a related organization and that prior to the date the relocation is completed the hospital ceases operation of its inpatient hospital services at that hospital.  After relocation, the nursing facility's status shall be the same as it was prior to relocation.  The nursing facility's property-related payment rate resulting from the project authorized in this paragraph shall become effective no earlier than April 1, 1996.  For purposes of calculating the incremental change in the facility's rental per diem resulting from this project, the allowable appraised value of the nursing facility portion of the existing health care facility physical plant prior to the renovation and relocation may not exceed $2,490,000;

 

(s) to license and certify two beds in a facility to replace beds that were voluntarily delicensed and decertified on June 28, 1991;

 

(t) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed nursing home and 21-bed boarding care home facility in Minneapolis, notwithstanding the licensure and certification after July 1, 1995, of the Minneapolis facility as a 147-bed nursing home facility after completion of a construction project approved in 1993 under section 144A.073, to be laid away upon 30 days' prior written notice to the commissioner.  Beds on layaway status shall have the same status as voluntarily delicensed or decertified beds except that they shall remain subject to the surcharge in section 256.9657.  The 16 beds on layaway status may be relicensed as nursing home beds and recertified at any time within five years of the effective date of the layaway upon relocation of some or all of the beds to a licensed and certified facility located in Watertown, provided that the total project construction costs related to the relocation of beds from layaway status for the Watertown facility may not exceed the dollar threshold provided in subdivision 2 unless the construction project has been approved through the moratorium exception process under section 144A.073.

 

The property-related payment rate of the facility placing beds on layaway status must be adjusted by the incremental change in its rental per diem after recalculating the rental per diem as provided in section 256B.431, subdivision 3a, paragraph (c).  The property-related payment rate for the facility relicensing and recertifying beds from layaway status must be adjusted by the incremental change in its rental per diem after recalculating its rental per diem using the number of beds after the relicensing to establish the facility's capacity day divisor, which shall be effective the first day of the month following the month in which the relicensing and recertification became effective.  Any beds remaining on layaway status more than five years after the date the layaway status became effective must be removed from layaway status and immediately delicensed and decertified;

 

(u) to license and certify beds that are moved within an existing area of a facility or to a newly constructed addition which is built for the purpose of eliminating three- and four-bed rooms and adding space for dining, lounge areas, bathing rooms, and ancillary service areas in a nursing home that, as of January 1, 1995, was located in Fridley and had a licensed capacity of 129 beds;

 

(v) to relocate 36 beds in Crow Wing County and four beds from Hennepin County to a 160-bed facility in Crow Wing County, provided all the affected beds are under common ownership;

 

(w) to license and certify a total replacement project of up to 49 beds located in Norman County that are relocated from a nursing home destroyed by flood and whose residents were relocated to other nursing homes.  The operating cost payment rates for the new nursing facility shall be determined based on the interim and settle-up payment provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of section 256B.431.  Property-related reimbursement rates shall be determined under section 256B.431, taking into account any federal or state flood-related loans or grants provided to the facility;

 

(x) to license and certify a total to the licensee of a nursing home in Polk County that was destroyed by flood in 1997 replacement project projects with a total of up to 129 beds, with at least 25 beds to be located in Polk County that are relocated from a nursing home destroyed by flood and whose residents were relocated to other nursing


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2502

homes.  and up to 104 beds distributed among up to three other counties.  These beds may only be distributed to counties with fewer than the median number of age intensity adjusted beds per thousand, as most recently published by the commissioner of human services.  If the licensee chooses to distribute beds outside of Polk County under this paragraph, prior to distributing the beds, the commissioner of health must approve the location in which the licensee plans to distribute the beds.  The commissioner of health shall consult with the commissioner of human services prior to approving the location of the proposed beds.  The licensee may combine these beds with beds relocated from other nursing facilities as provided in section 144A.073, subdivision 3c.  The operating cost payment rates for the new nursing facility facilities shall be determined based on the interim and settle-up payment provisions of section 256B.431, 256B.434, or 256B.441 or Minnesota Rules, part 9549.0057, and the reimbursement provisions of section 256B.431, except that subdivision 26, paragraphs (a) and (b), shall not apply until the second rate year after the settle-up cost report is filed.  Property-related reimbursement rates shall be determined under section 256B.431, taking into account any federal or state flood-related loans or grants provided to the facility; parts 9549.0010 to 9549.0080.  Property-related reimbursement rates shall be determined under section 256B.431, 256B.434, or 256B.441.  If the replacement beds permitted under this paragraph are combined with beds from other nursing facilities, the rates shall be calculated as the weighted average of rates determined as provided in this paragraph and section 256B.441, subdivision 60;

 

(y) to license and certify beds in a renovation and remodeling project to convert 13 three-bed wards into 13 two‑bed rooms and 13 single-bed rooms, expand space, and add improvements in a nursing home that, as of January 1, 1994, met the following conditions:  the nursing home was located in Ramsey County, was not owned by a hospital corporation, had a licensed capacity of 64 beds, and had been ranked among the top 15 applicants by the 1993 moratorium exceptions advisory review panel.  The total project construction cost estimate for this project must not exceed the cost estimate submitted in connection with the 1993 moratorium exception process;

 

(z) to license and certify up to 150 nursing home beds to replace an existing 285 bed nursing facility located in St. Paul.  The replacement project shall include both the renovation of existing buildings and the construction of new facilities at the existing site.  The reduction in the licensed capacity of the existing facility shall occur during the construction project as beds are taken out of service due to the construction process.  Prior to the start of the construction process, the facility shall provide written information to the commissioner of health describing the process for bed reduction, plans for the relocation of residents, and the estimated construction schedule.  The relocation of residents shall be in accordance with the provisions of law and rule;

 

(aa) to allow the commissioner of human services to license an additional 36 beds to provide residential services for the physically disabled under Minnesota Rules, parts 9570.2000 to 9570.3400, in a 198-bed nursing home located in Red Wing, provided that the total number of licensed and certified beds at the facility does not increase;

 

(bb) to license and certify a new facility in St. Louis County with 44 beds constructed to replace an existing facility in St. Louis County with 31 beds, which has resident rooms on two separate floors and an antiquated elevator that creates safety concerns for residents and prevents nonambulatory residents from residing on the second floor.  The project shall include the elimination of three- and four-bed rooms;

 

(cc) to license and certify four beds in a 16-bed certified boarding care home in Minneapolis to replace beds that were voluntarily delicensed and decertified on or before March 31, 1992.  The licensure and certification is conditional upon the facility periodically assessing and adjusting its resident mix and other factors which may contribute to a potential institution for mental disease declaration.  The commissioner of human services shall retain the authority to audit the facility at any time and shall require the facility to comply with any requirements necessary to prevent an institution for mental disease declaration, including delicensure and decertification of beds, if necessary;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2503

(dd) to license and certify 72 beds in an existing facility in Mille Lacs County with 80 beds as part of a renovation project.  The renovation must include construction of an addition to accommodate ten residents with beginning and midstage dementia in a self-contained living unit; creation of three resident households where dining, activities, and support spaces are located near resident living quarters; designation of four beds for rehabilitation in a self-contained area; designation of 30 private rooms; and other improvements;

 

(ee) to license and certify beds in a facility that has undergone replacement or remodeling as part of a planned closure under section 256B.437;

 

(ff) to license and certify a total replacement project of up to 124 beds located in Wilkin County that are in need of relocation from a nursing home significantly damaged by flood.  The operating cost payment rates for the new nursing facility shall be determined based on the interim and settle-up payment provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of section 256B.431.  Property-related reimbursement rates shall be determined under section 256B.431, taking into account any federal or state flood-related loans or grants provided to the facility;

 

(gg) to allow the commissioner of human services to license an additional nine beds to provide residential services for the physically disabled under Minnesota Rules, parts 9570.2000 to 9570.3400, in a 240-bed nursing home located in Duluth, provided that the total number of licensed and certified beds at the facility does not increase;

 

(hh) to license and certify up to 120 new nursing facility beds to replace beds in a facility in Anoka County, which was licensed for 98 beds as of July 1, 2000, provided the new facility is located within four miles of the existing facility and is in Anoka County.  Operating and property rates shall be determined and allowed under section 256B.431 and Minnesota Rules, parts 9549.0010 to 9549.0080, or section 256B.434 or 256B.441; or

 

(ii) to transfer up to 98 beds of a 129-licensed bed facility located in Anoka County that, as of March 25, 2001, is in the active process of closing, to a 122-licensed bed nonprofit nursing facility located in the city of Columbia Heights or its affiliate.  The transfer is effective when the receiving facility notifies the commissioner in writing of the number of beds accepted.  The commissioner shall place all transferred beds on layaway status held in the name of the receiving facility.  The layaway adjustment provisions of section 256B.431, subdivision 30, do not apply to this layaway.  The receiving facility may only remove the beds from layaway for recertification and relicensure at the receiving facility's current site, or at a newly constructed facility located in Anoka County.  The receiving facility must receive statutory authorization before removing these beds from layaway status, or may remove these beds from layaway status if removal from layaway status is part of a moratorium exception project approved by the commissioner under section 144A.073.

 

Sec. 3.  Minnesota Statutes 2014, section 256B.0913, subdivision 4, is amended to read:

 

Subd. 4.  Eligibility for funding for services for nonmedical assistance recipients.  (a) Funding for services under the alternative care program is available to persons who meet the following criteria:

 

(1) the person has been determined by a community assessment under section 256B.0911 to be a person who would require the level of care provided in a nursing facility, as determined under section 256B.0911, subdivision 4e, but for the provision of services under the alternative care program;

 

(2) the person is age 65 or older;

 

(3) the person would be eligible for medical assistance within 135 days of admission to a nursing facility;


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2504

(4) the person is not ineligible for the payment of long-term care services by the medical assistance program due to an asset transfer penalty under section 256B.0595 or equity interest in the home exceeding $500,000 as stated in section 256B.056;

 

(5) the person needs long-term care services that are not funded through other state or federal funding, or other health insurance or other third-party insurance such as long-term care insurance;

 

(6) except for individuals described in clause (7), the monthly cost of the alternative care services funded by the program for this person does not exceed 75 percent of the monthly limit described under section 256B.0915, subdivision 3a.  This monthly limit does not prohibit the alternative care client from payment for additional services, but in no case may the cost of additional services purchased under this section exceed the difference between the client's monthly service limit defined under section 256B.0915, subdivision 3, and the alternative care program monthly service limit defined in this paragraph.  If care-related supplies and equipment or environmental modifications and adaptations are or will be purchased for an alternative care services recipient, the costs may be prorated on a monthly basis for up to 12 consecutive months beginning with the month of purchase.  If the monthly cost of a recipient's other alternative care services exceeds the monthly limit established in this paragraph, the annual cost of the alternative care services shall be determined.  In this event, the annual cost of alternative care services shall not exceed 12 times the monthly limit described in this paragraph;

 

(7) for individuals assigned a case mix classification A as described under section 256B.0915, subdivision 3a, paragraph (a), with (i) no dependencies in activities of daily living, or (ii) up to two dependencies in bathing, dressing, grooming, walking, and eating when the dependency score in eating is three or greater as determined by an assessment performed under section 256B.0911, the monthly cost of alternative care services funded by the program cannot exceed $593 per month for all new participants enrolled in the program on or after July 1, 2011.  This monthly limit shall be applied to all other participants who meet this criteria at reassessment.  This monthly limit shall be increased annually as described in section 256B.0915, subdivision 3a, paragraph paragraphs (a) and (e).  This monthly limit does not prohibit the alternative care client from payment for additional services, but in no case may the cost of additional services purchased exceed the difference between the client's monthly service limit defined in this clause and the limit described in clause (6) for case mix classification A; and

 

(8) the person is making timely payments of the assessed monthly fee.

 

A person is ineligible if payment of the fee is over 60 days past due, unless the person agrees to:

 

(i) the appointment of a representative payee;

 

(ii) automatic payment from a financial account;

 

(iii) the establishment of greater family involvement in the financial management of payments; or

 

(iv) another method acceptable to the lead agency to ensure prompt fee payments.

 

The lead agency may extend the client's eligibility as necessary while making arrangements to facilitate payment of past-due amounts and future premium payments.  Following disenrollment due to nonpayment of a monthly fee, eligibility shall not be reinstated for a period of 30 days.

 

(b) Alternative care funding under this subdivision is not available for a person who is a medical assistance recipient or who would be eligible for medical assistance without a spenddown or waiver obligation.  A person whose initial application for medical assistance and the elderly waiver program is being processed may be served under the alternative care program for a period up to 60 days.  If the individual is found to be eligible for medical assistance, medical assistance must be billed for services payable under the federally approved elderly waiver plan


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2505

and delivered from the date the individual was found eligible for the federally approved elderly waiver plan.  Notwithstanding this provision, alternative care funds may not be used to pay for any service the cost of which:  (i) is payable by medical assistance; (ii) is used by a recipient to meet a waiver obligation; or (iii) is used to pay a medical assistance income spenddown for a person who is eligible to participate in the federally approved elderly waiver program under the special income standard provision.

 

(c) Alternative care funding is not available for a person who resides in a licensed nursing home, certified boarding care home, hospital, or intermediate care facility, except for case management services which are provided in support of the discharge planning process for a nursing home resident or certified boarding care home resident to assist with a relocation process to a community-based setting.

 

(d) Alternative care funding is not available for a person whose income is greater than the maintenance needs allowance under section 256B.0915, subdivision 1d, but equal to or less than 120 percent of the federal poverty guideline effective July 1 in the fiscal year for which alternative care eligibility is determined, who would be eligible for the elderly waiver with a waiver obligation.

 

Sec. 4.  Minnesota Statutes 2014, section 256B.0915, subdivision 3a, is amended to read:

 

Subd. 3a.  Elderly waiver cost limits.  (a) The monthly limit for the cost of waivered services to an individual elderly waiver client except for individuals described in paragraphs (b) and (d) shall be the weighted average monthly nursing facility rate of the case mix resident class to which the elderly waiver client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, less the recipient's maintenance needs allowance as described in subdivision 1d, paragraph (a), until the first day of the state fiscal year in which the resident assessment system as described in section 256B.438 for nursing home rate determination is implemented.  Effective on the first day of the state fiscal year in which the resident assessment system as described in section 256B.438 for nursing home rate determination is implemented and the first day of each subsequent state fiscal year, the monthly limit for the cost of waivered services to an individual elderly waiver client shall be the rate monthly limit of the case mix resident class to which the waiver client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, in effect on the last day of the previous state fiscal year, adjusted by any legislatively adopted home and community‑based services percentage rate adjustment.

 

(b) The monthly limit for the cost of waivered services under paragraph (a) to an individual elderly waiver client assigned to a case mix classification A under paragraph (a) with:

 

(1) no dependencies in activities of daily living; or

 

(2) up to two dependencies in bathing, dressing, grooming, walking, and eating when the dependency score in eating is three or greater as determined by an assessment performed under section 256B.0911 shall be $1,750 per month effective on July 1, 2011, for all new participants enrolled in the program on or after July 1, 2011.  This monthly limit shall be applied to all other participants who meet this criteria at reassessment.  This monthly limit shall be increased annually as described in paragraph paragraphs (a) and (e).

 

(c) If extended medical supplies and equipment or environmental modifications are or will be purchased for an elderly waiver client, the costs may be prorated for up to 12 consecutive months beginning with the month of purchase.  If the monthly cost of a recipient's waivered services exceeds the monthly limit established in paragraph (a) or, (b), (d), or (e), the annual cost of all waivered services shall be determined.  In this event, the annual cost of all waivered services shall not exceed 12 times the monthly limit of waivered services as described in paragraph (a) or, (b), (d), or (e).


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2506

(d) Effective July 1, 2013, the monthly cost limit of waiver services, including any necessary home care services described in section 256B.0651, subdivision 2, for individuals who meet the criteria as ventilator-dependent given in section 256B.0651, subdivision 1, paragraph (g), shall be the average of the monthly medical assistance amount established for home care services as described in section 256B.0652, subdivision 7, and the annual average contracted amount established by the commissioner for nursing facility services for ventilator-dependent individuals.  This monthly limit shall be increased annually as described in paragraph paragraphs (a) and (e).

 

(e) Effective July 1, 2016, and each July 1 thereafter, the monthly cost limits for elderly waiver services in effect on the previous June 30 shall be adjusted by the greater of the difference between any legislatively adopted home and community-based provider rate increase effective on July 1 and the average statewide percentage increase in nursing facility operating payment rates under sections 256B.431, 256B.434, and 256B.441, effective the previous January 1.

 

EFFECTIVE DATE.  This section is effective July 1, 2016.

 

Sec. 5.  Minnesota Statutes 2014, section 256B.0915, subdivision 3e, is amended to read:

 

Subd. 3e.  Customized living service rate.  (a) Payment for customized living services shall be a monthly rate authorized by the lead agency within the parameters established by the commissioner.  The payment agreement must delineate the amount of each component service included in the recipient's customized living service plan.  The lead agency, with input from the provider of customized living services, shall ensure that there is a documented need within the parameters established by the commissioner for all component customized living services authorized.

 

(b) The payment rate must be based on the amount of component services to be provided utilizing component rates established by the commissioner.  Counties and tribes shall use tools issued by the commissioner to develop and document customized living service plans and rates.

 

(c) Component service rates must not exceed payment rates for comparable elderly waiver or medical assistance services and must reflect economies of scale.  Customized living services must not include rent or raw food costs.

 

(d) With the exception of individuals described in subdivision 3a, paragraph (b), the individualized monthly authorized payment for the customized living service plan shall not exceed 50 percent of the greater of either the statewide or any of the geographic groups' weighted average monthly nursing facility rate of the case mix resident class to which the elderly waiver eligible client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, less the maintenance needs allowance as described in subdivision 1d, paragraph (a), until the July 1 of the state fiscal year in which the resident assessment system as described in section 256B.438 for nursing home rate determination is implemented.  Effective on July 1 of the state fiscal year in which the resident assessment system as described in section 256B.438 for nursing home rate determination is implemented and July 1 of each subsequent state fiscal year, the individualized monthly authorized payment for the services described in this clause shall not exceed the limit which was in effect on June 30 of the previous state fiscal year updated annually based on legislatively adopted changes to all service rate maximums for home and community-based service providers.

 

(e) Effective July 1, 2011, the individualized monthly payment for the customized living service plan for individuals described in subdivision 3a, paragraph (b), must be the monthly authorized payment limit for customized living for individuals classified as case mix A, reduced by 25 percent.  This rate limit must be applied to all new participants enrolled in the program on or after July 1, 2011, who meet the criteria described in subdivision 3a, paragraph (b).  This monthly limit also applies to all other participants who meet the criteria described in subdivision 3a, paragraph (b), at reassessment.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2507

(f) Customized living services are delivered by a provider licensed by the Department of Health as a class A or class F home care provider and provided in a building that is registered as a housing with services establishment under chapter 144D.  Licensed home care providers are subject to section 256B.0651, subdivision 14.

 

(g) A provider may not bill or otherwise charge an elderly waiver participant or their family for additional units of any allowable component service beyond those available under the service rate limits described in paragraph (d), nor for additional units of any allowable component service beyond those approved in the service plan by the lead agency.

 

(h) Effective July 1, 2016, and each July 1 thereafter, individualized service rate limits for customized living services under this subdivision shall be adjusted by the greater of the difference between any legislatively adopted home and community-based provider rate increase effective on July 1 and the average statewide percentage increase in nursing facility operating payment rates under sections 256B.431, 256B.434, and 256B.441, effective the previous January 1.

 

EFFECTIVE DATE.  This section is effective July 1, 2016.

 

Sec. 6.  Minnesota Statutes 2014, section 256B.0915, subdivision 3h, is amended to read:

 

Subd. 3h.  Service rate limits; 24-hour customized living services.  (a) The payment rate for 24-hour customized living services is a monthly rate authorized by the lead agency within the parameters established by the commissioner of human services.  The payment agreement must delineate the amount of each component service included in each recipient's customized living service plan.  The lead agency, with input from the provider of customized living services, shall ensure that there is a documented need within the parameters established by the commissioner for all component customized living services authorized.  The lead agency shall not authorize 24-hour customized living services unless there is a documented need for 24-hour supervision.

 

(b) For purposes of this section, "24-hour supervision" means that the recipient requires assistance due to needs related to one or more of the following:

 

(1) intermittent assistance with toileting, positioning, or transferring;

 

(2) cognitive or behavioral issues;

 

(3) a medical condition that requires clinical monitoring; or

 

(4) for all new participants enrolled in the program on or after July 1, 2011, and all other participants at their first reassessment after July 1, 2011, dependency in at least three of the following activities of daily living as determined by assessment under section 256B.0911:  bathing; dressing; grooming; walking; or eating when the dependency score in eating is three or greater; and needs medication management and at least 50 hours of service per month.  The lead agency shall ensure that the frequency and mode of supervision of the recipient and the qualifications of staff providing supervision are described and meet the needs of the recipient.

 

(c) The payment rate for 24-hour customized living services must be based on the amount of component services to be provided utilizing component rates established by the commissioner.  Counties and tribes will use tools issued by the commissioner to develop and document customized living plans and authorize rates.

 

(d) Component service rates must not exceed payment rates for comparable elderly waiver or medical assistance services and must reflect economies of scale.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2508

(e) The individually authorized 24-hour customized living payments, in combination with the payment for other elderly waiver services, including case management, must not exceed the recipient's community budget cap specified in subdivision 3a.  Customized living services must not include rent or raw food costs.

 

(f) The individually authorized 24-hour customized living payment rates shall not exceed the 95 percentile of statewide monthly authorizations for 24-hour customized living services in effect and in the Medicaid management information systems on March 31, 2009, for each case mix resident class under Minnesota Rules, parts 9549.0050 to 9549.0059, to which elderly waiver service clients are assigned.  When there are fewer than 50 authorizations in effect in the case mix resident class, the commissioner shall multiply the calculated service payment rate maximum for the A classification by the standard weight for that classification under Minnesota Rules, parts 9549.0050 to 9549.0059, to determine the applicable payment rate maximum.  Service payment rate maximums shall be updated annually based on legislatively adopted changes to all service rates for home and community-based service providers.

 

(g) Notwithstanding the requirements of paragraphs (d) and (f), the commissioner may establish alternative payment rate systems for 24-hour customized living services in housing with services establishments which are freestanding buildings with a capacity of 16 or fewer, by applying a single hourly rate for covered component services provided in either:

 

(1) licensed corporate adult foster homes; or

 

(2) specialized dementia care units which meet the requirements of section 144D.065 and in which:

 

(i) each resident is offered the option of having their own apartment; or

 

(ii) the units are licensed as board and lodge establishments with maximum capacity of eight residents, and which meet the requirements of Minnesota Rules, part 9555.6205, subparts 1, 2, 3, and 4, item A.

 

(h) Twenty-four-hour customized living services are delivered by a provider licensed by the Department of Health as a class A or class F home care provider and provided in a building that is registered as a housing with services establishment under chapter 144D.  Licensed home care providers are subject to section 256B.0651, subdivision 14.

 

(i) A provider may not bill or otherwise charge an elderly waiver participant or their family for additional units of any allowable component service beyond those available under the service rate limits described in paragraph (e), nor for additional units of any allowable component service beyond those approved in the service plan by the lead agency.

 

(j) Effective July 1, 2016, and each July 1 thereafter, individualized service rate limits for 24-hour customized living services under this subdivision shall be adjusted by the greater of the difference between any legislatively adopted home and community-based provider rate increase effective on July 1 and the average statewide percentage increase in nursing facility operating payment rates under sections 256B.431, 256B.434, and 256B.441, effective the previous January 1.

 

EFFECTIVE DATE.  This section is effective July 1, 2016.

 

Sec. 7.  Minnesota Statutes 2014, section 256B.431, subdivision 2b, is amended to read:

 

Subd. 2b.  Operating costs after July 1, 1985.  (a) For rate years beginning on or after July 1, 1985, the commissioner shall establish procedures for determining per diem reimbursement for operating costs.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2509

(b) The commissioner shall contract with an econometric firm with recognized expertise in and access to national economic change indices that can be applied to the appropriate cost categories when determining the operating cost payment rate.

 

(c) The commissioner shall analyze and evaluate each nursing facility's cost report of allowable operating costs incurred by the nursing facility during the reporting year immediately preceding the rate year for which the payment rate becomes effective.

 

(d) The commissioner shall establish limits on actual allowable historical operating cost per diems based on cost reports of allowable operating costs for the reporting year that begins October 1, 1983, taking into consideration relevant factors including resident needs, geographic location, and size of the nursing facility.  In developing the geographic groups for purposes of reimbursement under this section, the commissioner shall ensure that nursing facilities in any county contiguous to the Minneapolis-St. Paul seven-county metropolitan area are included in the same geographic group.  The limits established by the commissioner shall not be less, in the aggregate, than the 60th percentile of total actual allowable historical operating cost per diems for each group of nursing facilities established under subdivision 1 based on cost reports of allowable operating costs in the previous reporting year.  For rate years beginning on or after July 1, 1989, facilities located in geographic group I as described in Minnesota Rules, part 9549.0052, on January 1, 1989, may choose to have the commissioner apply either the care related limits or the other operating cost limits calculated for facilities located in geographic group II, or both, if either of the limits calculated for the group II facilities is higher.  The efficiency incentive for geographic group I nursing facilities must be calculated based on geographic group I limits.  The phase-in must be established utilizing the chosen limits.  For purposes of these exceptions to the geographic grouping requirements, the definitions in Minnesota Rules, parts 9549.0050 to 9549.0059 (Emergency), and 9549.0010 to 9549.0080, apply.  The limits established under this paragraph remain in effect until the commissioner establishes a new base period.  Until the new base period is established, the commissioner shall adjust the limits annually using the appropriate economic change indices established in paragraph (e).  In determining allowable historical operating cost per diems for purposes of setting limits and nursing facility payment rates, the commissioner shall divide the allowable historical operating costs by the actual number of resident days, except that where a nursing facility is occupied at less than 90 percent of licensed capacity days, the commissioner may establish procedures to adjust the computation of the per diem to an imputed occupancy level at or below 90 percent.  The commissioner shall establish efficiency incentives as appropriate.  The commissioner may establish efficiency incentives for different operating cost categories.  The commissioner shall consider establishing efficiency incentives in care related cost categories.  The commissioner may combine one or more operating cost categories and may use different methods for calculating payment rates for each operating cost category or combination of operating cost categories.  For the rate year beginning on July 1, 1985, the commissioner shall:

 

(1) allow nursing facilities that have an average length of stay of 180 days or less in their skilled nursing level of care, 125 percent of the care related limit and 105 percent of the other operating cost limit established by rule; and

 

(2) exempt nursing facilities licensed on July 1, 1983, by the commissioner to provide residential services for the physically disabled under Minnesota Rules, parts 9570.2000 to 9570.3600, from the care related limits and allow 105 percent of the other operating cost limit established by rule.

 

For the purpose of calculating the other operating cost efficiency incentive for nursing facilities referred to in clause (1) or (2), the commissioner shall use the other operating cost limit established by rule before application of the 105 percent.

 

(e) The commissioner shall establish a composite index or indices by determining the appropriate economic change indicators to be applied to specific operating cost categories or combination of operating cost categories.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2510

(f) Each nursing facility shall receive an operating cost payment rate equal to the sum of the nursing facility's operating cost payment rates for each operating cost category.  The operating cost payment rate for an operating cost category shall be the lesser of the nursing facility's historical operating cost in the category increased by the appropriate index established in paragraph (e) for the operating cost category plus an efficiency incentive established pursuant to paragraph (d) or the limit for the operating cost category increased by the same index.  If a nursing facility's actual historic operating costs are greater than the prospective payment rate for that rate year, there shall be no retroactive cost settle up.  In establishing payment rates for one or more operating cost categories, the commissioner may establish separate rates for different classes of residents based on their relative care needs.

 

(g) The commissioner shall include the reported actual real estate tax liability or payments in lieu of real estate tax of each nursing facility as an operating cost of that nursing facility.  Allowable costs under this subdivision for payments made by a nonprofit nursing facility that are in lieu of real estate taxes shall not exceed the amount which the nursing facility would have paid to a city or township and county for fire, police, sanitation services, and road maintenance costs had real estate taxes been levied on that property for those purposes.  For rate years beginning on or after July 1, 1987, the reported actual real estate tax liability or payments in lieu of real estate tax of nursing facilities shall be adjusted to include an amount equal to one-half of the dollar change in real estate taxes from the prior year.  The commissioner shall include a reported actual special assessment, and reported actual license fees required by the Minnesota Department of Health, for each nursing facility as an operating cost of that nursing facility.  For rate years beginning on or after July 1, 1989, the commissioner shall include a nursing facility's reported Public Employee Retirement Act contribution for the reporting year as apportioned to the care-related operating cost categories and other operating cost categories multiplied by the appropriate composite index or indices established pursuant to paragraph (e) as costs under this paragraph.  Total adjusted real estate tax liability, payments in lieu of real estate tax, actual special assessments paid, the indexed Public Employee Retirement Act contribution, and license fees paid as required by the Minnesota Department of Health, for each nursing facility (1) shall be divided by actual resident days in order to compute the operating cost payment rate for this operating cost category, (2) shall not be used to compute the care-related operating cost limits or other operating cost limits established by the commissioner, and (3) shall not be increased by the composite index or indices established pursuant to paragraph (e), unless otherwise indicated in this paragraph.

 

(h) For rate years beginning on or after July 1, 1987, the commissioner shall adjust the rates of a nursing facility that meets the criteria for the special dietary needs of its residents and the requirements in section 31.651.  The adjustment for raw food cost shall be the difference between the nursing facility's allowable historical raw food cost per diem and 115 percent of the median historical allowable raw food cost per diem of the corresponding geographic group.

 

The rate adjustment shall be reduced by the applicable phase-in percentage as provided under subdivision 2h.

 

Sec. 8.  Minnesota Statutes 2014, section 256B.431, subdivision 36, is amended to read:

 

Subd. 36.  Employee scholarship costs and training in English as a second language.  (a) For the period between July 1, 2001, and June 30, 2003, the commissioner shall provide to each nursing facility reimbursed under this section, section 256B.434, or any other section, a scholarship per diem of 25 cents to the total operating payment rate.  For the two rate years beginning on or after October 1, 2015, through September 30, 2017, the commissioner shall allow a scholarship per diem of up to 25 cents for each nursing facility with no scholarship per diem that is requesting a scholarship per diem to be added to the external fixed payment rate to be used:

 

(1) for employee scholarships that satisfy the following requirements:

 

(i) scholarships are available to all employees who work an average of at least 20 ten hours per week at the facility except the administrator, department supervisors, and registered nurses and to reimburse student loan expenses for newly hired and recently graduated registered nurses and licensed practical nurses, and training expenses for nursing assistants as defined in section 144A.61, subdivision 2, who are newly hired and have graduated within the last 12 months; and


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2511

(ii) the course of study is expected to lead to career advancement with the facility or in long-term care, including medical care interpreter services and social work; and

 

(2) to provide job-related training in English as a second language.

 

(b) A facility receiving All facilities may annually request a rate adjustment under this subdivision may submit by submitting information to the commissioner on a schedule determined by the commissioner and on in a form supplied by the commissioner a calculation of the scholarship per diem, including:  the amount received from this rate adjustment; the amount used for training in English as a second language; the number of persons receiving the training; the name of the person or entity providing the training; and for each scholarship recipient, the name of the recipient, the amount awarded, the educational institution attended, the nature of the educational program, the program completion date, and a determination of the per diem amount of these costs based on actual resident days.  The commissioner shall allow a scholarship payment rate equal to the reported and allowable costs divided by resident days.

 

(c) On July 1, 2003, the commissioner shall remove the 25 cent scholarship per diem from the total operating payment rate of each facility.

 

(d) For rate years beginning after June 30, 2003, the commissioner shall provide to each facility the scholarship per diem determined in paragraph (b).  In calculating the per diem under paragraph (b), the commissioner shall allow only costs related to tuition and, direct educational expenses, and reasonable costs as defined by the commissioner for child care costs and transportation expenses related to direct educational expenses.

 

(d) The rate increase under this subdivision is an optional rate add-on that the facility must request from the commissioner in a manner prescribed by the commissioner.  The rate increase must be used for scholarships as specified in this subdivision.

 

(e) Nursing facilities that close beds during a rate year may request to have their scholarship adjustment under paragraph (b) recalculated by the commissioner for the remainder of the rate year to reflect the reduction in resident days compared to the cost report year.

 

Sec. 9.  Minnesota Statutes 2014, section 256B.434, subdivision 4, is amended to read:

 

Subd. 4.  Alternate rates for nursing facilities.  (a) For nursing facilities which have their payment rates determined under this section rather than section 256B.431, the commissioner shall establish a rate under this subdivision.  The nursing facility must enter into a written contract with the commissioner.

 

(b) A nursing facility's case mix payment rate for the first rate year of a facility's contract under this section is the payment rate the facility would have received under section 256B.431.

 

(c) A nursing facility's case mix payment rates for the second and subsequent years of a facility's contract under this section are the previous rate year's contract payment rates plus an inflation adjustment and, for facilities reimbursed under this section or section 256B.431, an adjustment to include the cost of any increase in Health Department licensing fees for the facility taking effect on or after July 1, 2001.  The index for the inflation adjustment must be based on the change in the Consumer Price Index-All Items (United States City average) (CPI‑U) forecasted by the commissioner of management and budget's national economic consultant, as forecasted in the fourth quarter of the calendar year preceding the rate year.  The inflation adjustment must be based on the 12‑month period from the midpoint of the previous rate year to the midpoint of the rate year for which the rate is being determined.  For the rate years beginning on July 1, 1999, July 1, 2000, July 1, 2001, July 1, 2002, July 1, 2003, July 1, 2004, July 1, 2005, July 1, 2006, July 1, 2007, July 1, 2008, October 1, 2009, and October 1, 2010, this paragraph shall apply only to the property-related payment rate.  For the rate years beginning on October 1, 2011,


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2512

October 1, 2012, October 1, 2013, October 1, 2014, October 1, 2015, and October January 1, 2016, and January 1, 2017, the rate adjustment under this paragraph shall be suspended.  Beginning in 2005, adjustment to the property payment rate under this section and section 256B.431 shall be effective on October 1.  In determining the amount of the property-related payment rate adjustment under this paragraph, the commissioner shall determine the proportion of the facility's rates that are property-related based on the facility's most recent cost report.

 

(d) The commissioner shall develop additional incentive-based payments of up to five percent above a facility's operating payment rate for achieving outcomes specified in a contract.  The commissioner may solicit contract amendments and implement those which, on a competitive basis, best meet the state's policy objectives.  The commissioner shall limit the amount of any incentive payment and the number of contract amendments under this paragraph to operate the incentive payments within funds appropriated for this purpose.  The contract amendments may specify various levels of payment for various levels of performance.  Incentive payments to facilities under this paragraph may be in the form of time-limited rate adjustments or onetime supplemental payments.  In establishing the specified outcomes and related criteria, the commissioner shall consider the following state policy objectives:

 

(1) successful diversion or discharge of residents to the residents' prior home or other community-based alternatives;

 

(2) adoption of new technology to improve quality or efficiency;

 

(3) improved quality as measured in the Nursing Home Report Card;

 

(4) reduced acute care costs; and

 

(5) any additional outcomes proposed by a nursing facility that the commissioner finds desirable.

 

(e) Notwithstanding the threshold in section 256B.431, subdivision 16, facilities that take action to come into compliance with existing or pending requirements of the life safety code provisions or federal regulations governing sprinkler systems must receive reimbursement for the costs associated with compliance if all of the following conditions are met:

 

(1) the expenses associated with compliance occurred on or after January 1, 2005, and before December 31, 2008;

 

(2) the costs were not otherwise reimbursed under subdivision 4f or section 144A.071 or 144A.073; and

 

(3) the total allowable costs reported under this paragraph are less than the minimum threshold established under section 256B.431, subdivision 15, paragraph (e), and subdivision 16.

 

The commissioner shall use money appropriated for this purpose to provide to qualifying nursing facilities a rate adjustment beginning October 1, 2007, and ending September 30, 2008.  Nursing facilities that have spent money or anticipate the need to spend money to satisfy the most recent life safety code requirements by (1) installing a sprinkler system or (2) replacing all or portions of an existing sprinkler system may submit to the commissioner by June 30, 2007, on a form provided by the commissioner the actual costs of a completed project or the estimated costs, based on a project bid, of a planned project.  The commissioner shall calculate a rate adjustment equal to the allowable costs of the project divided by the resident days reported for the report year ending September 30, 2006.  If the costs from all projects exceed the appropriation for this purpose, the commissioner shall allocate the money appropriated on a pro rata basis to the qualifying facilities by reducing the rate adjustment determined for each facility by an equal percentage.  Facilities that used estimated costs when requesting the rate adjustment shall report to the commissioner by January 31, 2009, on the use of this money on a form provided by the commissioner.  If the nursing facility fails to provide the report, the commissioner shall recoup the money paid to the facility for this purpose.  If the facility reports expenditures allowable under this subdivision that are less than the amount received in the facility's annualized rate adjustment, the commissioner shall recoup the difference.


Journal of the House - 44th Day - Wednesday, April 22, 2015 - Top of Page 2513

Sec. 10.  Minnesota Statutes 2014, section 256B.434, is amended by adding a subdivision to read:

 

Subd. 4i.  Construction project rate adjustments for certain nursing facilities.  (a) This subdivision applies to nursing facilities with at least 120 active beds as of January 1, 2015, that have projects approved in 2015 under the nursing facility moratorium exception process in section 144A.073.  When each facility's moratorium exception construction project is completed, the facility must receive the rate adjustment allowed under subdivision 4f.  In addition to that rate adjustment, facilities with at least 120 active beds, but not more than 149 active beds, as of January 1, 2015, must have their construction project rate adjustment increased by an additional $4; and facilities with at least 150 active beds, but not more than 160 active beds, as of January 1, 2015, must have their construction project rate adjustment increased by an additional $12.50.

 

(b) Notwithstanding any other law to the contrary, money available under section 144A.073, subdivision 11, after the completion of the moratorium exception approval process in 2015 under section 144A.073, subdivision 3, shall be used to reduce the fiscal impact to the medical assistance budget for the increases allowed in this subdivision.

 

Sec. 11.  Minnesota Statutes 2014, section 256B.441, subdivision 1, is amended to read:

 

Subdivision 1.  Rebasing Calculation of nursing facility operating payment rates.  (a) The commissioner shall rebase nursing facility operating payment rates to align payments to facilities with the cost of providing care.  The rebased calculate operating payment rates shall be calculated using the statistical and cost report filed by each nursing facility for the report period ending one year prior to the rate year.

 

(b) The new operating payment rates based on this section shall take effect beginning with the rate year beginning October 1, 2008, and shall be phased in over eight rate years through October 1, 2015.  For each year of the phase-in, the operating payment rates shall be calculated using the statistical and cost report filed by each nursing facility for the report period ending one year prior to the rate year January 1, 2016.

 

(c) Operating payment rates shall be rebased on October 1, 2016, and every two years after that date.

 

(d) (c) Each cost reporting year shall begin on October 1 and end on the following September 30.  Beginning in 2014, A statistical and cost report shall be filed by each nursing facility by February 1 in a form and manner specified by the commissioner.  Notice of rates shall be distributed by August November 15 and the rates shall go into effect on October January 1 for one year.

 

(e) Effective October 1, 2014, property rates shall be rebased in accordance with section 256B.431 and Minnesota Rules, chapter 9549.  The commissioner shall determine what the property payment rate for a nursing facility would be had the facility not had its property rate determined under section 256B.434.  The commissioner shall allow nursing facilities to provide information affecting this rate determination that would have been filed annually under Minnesota Rules, chapter 9549, and nursing facilities shall report information necessary to determine allowable debt.  The commissioner shall use this information to determine the property payment rate.

 

Sec. 12.  Minnesota Statutes 2014, section 256B.441, subdivision 5, is amended to read:

 

Subd. 5.  Administrative costs.  "Administrative costs" means the direct costs for administering the overall activities of the nursing home.  The