Legislative Session number- 82

Bill Name: SF1243

Relating to long term care; providing for the relocation of licensed nursing
facility residents upon facility closure or curtailment, reduction or change of
operations or services; specifying certain licensee notice requirements;
prescribing the planning process, specifying certain duties of the local social
service agency and the licensee, requiring involvement of the departments of
health and human services in closure, curtailment or change plan development and
specifying certain plan requirements; requiring the licensee to provide for the
safe, orderly and appropriate relocation of residents, requiring cooperation
with the departments, the office of ombudsman for older Minnesotans and the
ombudsman for mental health and mental retardation; specifying certain
responsibilities of the licensee before relocation, notice requirements,
requiring establishment of an interdisciplinary team to be responsible for plan
coordination and implementation, specifying certain team membership
representation requirements; requiring and providing for licensee preparation of
a resource list of relocation options; requiring assistance to residents in
making site visits to available facilities; specifying certain resident personal
possessions inventory and possessions and records transfer requirements;
specifying certain responsibilities of the licensee after relocation, requiring
certain status reports; specifying certain responsibilities of the local social
service agency, specifying certain notice and plan compliance monitoring and
resident visit requirements, requiring reports to the commissioners of health
and human services of relocations endangering the health, safety or well being
of residents; requiring the commissioner of human services to negotiate with the
local agency for funding of relocation costs; subjecting licensees to correction
orders and civil monetary penalties for violation of the requirements; requiring
the delicensure of third and fourth beds in nursing facility bedrooms by a
certain date, prohibiting discharges to accomplish the downsizing; requiring
facility bed status reports to the commissioner of health; authorizing
commissioner downsizing extensions or waivers under certain conditions;
requiring commissioner of human services medical assistance (MA) payment rate
adjustments after delicensure; requiring the interagency long term care planning
committee to manage and implement the delicensure waiver process; requiring the
board on aging to operate an expanded statewide information and assistance
service to help older Minnesotans and families make informed choices relating to
long term care options and health care benefits (senior linkage), specifying
certain availability and service requirements; changing the medical assistance
nursing facility preadmission screening program to long term care consultation
services, defining long term care consultation services and modifying the
purpose, requiring coordination with certain other services to provide a variety
of cost effective alternatives to persons with disabilities and elderly persons
and requiring county agencies providing consultation services to encourage the
use of volunteers; changing local screening teams to long term care consultation
teams, modifying certain duties and authorizing county boards to designate
public health or social services as the lead agency for the consultation
services; prescribing the assessment procedure, requiring a support plan for
persons choosing to use community based services and requiring the teams to
provide persons receiving assessment or support planning with certain
information supplied by the commissioner of human services; providing for
transition assistance to certain persons residing in nursing facilities,
hospitals, regional treatment centers or intermediate care facilities for
persons with mental retardation (ICF MR), specifying certain transition
assistance requirements; providing for access demonstrations to target critical
areas for improvement in long term care consultation services, requiring
commissioner preliminary and final reports on the demonstration models to the
legislature by certain dates; requiring the commissioner to study and report to
the legislature by a certain date on the feasibility of creating integrated
service access at the county agency level for subsidized and nonsubsidized long
term care services and housing options, specifying certain report content
requirements; requiring preadmission screening of all applicants to medicaid
certified nursing and boarding care facilities, specifying screening criteria
and requirements, requiring case mix classification recommendations under
certain conditions and providing for certain exemptions and emergency
admissions; modifying certain billing and payment procedures; clarifying the
purpose and goals of the alternative care program and modifying certain
eligibility and covered services requirements; exempting residential care homes
from housing with services registration requirements; modifying certain
provisions providing for assisted living services under the alternative care
program; regulating cash payments; authorizing the commissioner to contract with
federally recognized Indian tribes to serve as the lead agency responsible for
the local administration of the alternative program; modifying certain
alternative care individual care and county biennial plans, provider contracting
and client premiums payment requirements and the appropriation allocation
formula; requiring the commissioner to establish statewide maximum and eliminate
county specific service rate limits to improve access to community services and
eliminate payment disparities between the alternative care and elderly waiver
programs, authorizing county negotiation of individual service rates with
vendors for actual costs up to the statewide maximum service rate limit;
modifying certain provisions regulating the home and community based waiver;
modifying the monthly cost limits and the adult foster care and assisted living
services payment rates; requiring and providing for the commissioner to award
contracts for grants under the seniors agenda for independent living (SAIL)
program to public and private nonprofit agencies to establish services to
strengthen the ability of communities to provide home and community based
services for elderly persons; requiring the commissioner to increase nursing
facility reimbursement rates under medical assistance; changing the performance
based contracting system under the new nursing facility reimbursement program to
the contractual payment system, delaying the date for commissioner renegotiation
of the contracts and modifying certain contract requirement and payment rate
provisions, exempting certain facilities from the nursing home bed moratorium;
requiring the commissioner to develop and implement a quality profile system for
nursing facilities and other providers of long term care services, requiring the
commissioner to identify and apply existing quality measurement tools under the
system and to conduct surveys of long term care service consumers to develop the
quality profiles, requiring dissemination of the profiles to consumers,
providers and purchasers of the services; modifying certain definitions relating
to the closure of nursing facilities; requiring and providing for the
commissioner to establish a process to adjust the capacity and distribution of
long term care services to equalize the supply and demand for different types of
services and by a certain date to publish a request for applications for closure
or partial closure of nursing facilities; modifying certain closure plan
requirements; specifying certain criteria for commissioner review of closure
applications; authorizing the interagency long term care planning committee to
recommend approval of proposals by the commissioners of health and human
services; providing for a planned closure rate adjustment and authorizing
reimbursement by the commissioner of human services to counties for certain
relocation costs; repealing certain nursing facility preadmission screening and
alternative care program provisions, the special medical assistance
reimbursement rates for Anoka, Aitkin, Polk and Pennington counties under the
elderly waiver program, certain closure plan requirements and certain rules
relating to nursing facility cessations or service curtailments, relocation
planning and preadmission screening and alternative care; specifying certain
reference deletion instructions to the revisor of statutes (mk)