1.1    .................... moves to amend the delete everything amendment (H3976DE2) to H.
1.2F. No. 3976, as follows:
1.3Page 34, after line 19, insert:

1.4    "Section 1. Minnesota Statutes 2006, section 256.9657, subdivision 1, is amended to
1.5read:
1.6    Subdivision 1. Nursing home license surcharge. (a) Effective July 1, 1993,
1.7each non-state-operated nursing home licensed under chapter 144A shall pay to the
1.8commissioner an annual surcharge according to the schedule in subdivision 4. The
1.9surcharge shall be calculated as $620 per licensed bed. If the number of licensed beds
1.10is reduced, the surcharge shall be based on the number of remaining licensed beds the
1.11second month following the receipt of timely notice by the commissioner of human
1.12services that beds have been delicensed. The nursing home must notify the commissioner
1.13of health in writing when beds are delicensed. The commissioner of health must notify
1.14the commissioner of human services within ten working days after receiving written
1.15notification. If the notification is received by the commissioner of human services by
1.16the 15th of the month, the invoice for the second following month must be reduced
1.17to recognize the delicensing of beds. Beds on layaway status continue to be subject to
1.18the surcharge. The commissioner of human services must acknowledge a medical care
1.19surcharge appeal within 30 days of receipt of the written appeal from the provider.
1.20    (b) Effective July 1, 1994, the surcharge in paragraph (a) shall be increased to $625.
1.21    (c) Effective August 15, 2002, the surcharge under paragraph (b) shall be increased
1.22to $990.
1.23    (d) Effective July 15, 2003, the surcharge under paragraph (c) shall be increased
1.24to $2,815.
1.25    (e) The commissioner may reduce, and may subsequently restore, the surcharge
1.26under paragraph (d) based on the commissioner's determination of a permissible surcharge.
2.1    (f) Between April 1, 2002, and August 15, 2004, a facility governed by this
2.2subdivision may elect to assume full participation in the medical assistance program
2.3by agreeing to comply with all of the requirements of the medical assistance program,
2.4including the rate equalization law in section 256B.48, subdivision 1, paragraph (a), and
2.5all other requirements established in law or rule, and to begin intake of new medical
2.6assistance recipients. Rates will be determined under Minnesota Rules, parts 9549.0010
2.7to 9549.0080. Notwithstanding section 256B.431, subdivision 27, paragraph (i), rate
2.8calculations will be subject to limits as prescribed in rule and law. Other than the
2.9adjustments in sections 256B.431, subdivisions 30 and 32; 256B.437, subdivision 3,
2.10paragraph (b), Minnesota Rules, part 9549.0057, and any other applicable legislation
2.11enacted prior to the finalization of rates, facilities assuming full participation in medical
2.12assistance under this paragraph are not eligible for any rate adjustments until the July 1
2.13following their settle-up period.
2.14EFFECTIVE DATE.This section is effective the day following final enactment."
2.15Page 43, after line 15, insert:

2.16    "Sec. 11. IMPLEMENTATION OF SURCHARGE REDUCTION.
2.17    The commissioner of human services shall implement the reduction of the surcharge
2.18on licensed nursing home beds in section 1 by prorating the first surcharge payment due
2.19following the date of enactment of that section, to reflect the number of days, if any,
2.20within the applicable monthly payment period that fall before the date of enactment of the
2.21surcharge reduction and for which the higher surcharge rate applies."
2.22Page 48, after line 20, insert:
2.23"Surcharge Reduction. $60,158,000 is
2.24transferred from the health care access fund
2.25to the general fund for fiscal year 2009 to
2.26reduce the surcharge for licensed nursing
2.27home beds under Minnesota Statutes, section
2.28256.9657, subdivision 1."
2.29Renumber the sections in sequence and correct the internal references
2.30Amend the title accordingly
2.31Amend the appropriations by the specified amounts and correct the totals and the
2.32appropriations by fund accordingly.