1.1 	A bill for an act
1.2 	relating to human services; modifying the ICF/MR provider surcharge; providing 
1.3 	a medical assistance rate increase; amending Minnesota Statutes 2008, sections 
1.4 	256.9657, subdivision 3a; 256B.5012, by adding a subdivision.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 256.9657, subdivision 3a, is amended to 
1.7 	read:
1.8 		Subd. 3a.ICF/MR license surcharge. (a) Effective July 1, 2003, each 
1.9 	non-state-operated facility as defined under section 256B.501, subdivision 1, shall pay 
1.10 	to the commissioner an annual surcharge according to the schedule in subdivision 4, 
1.11 	paragraph (d). The annual surcharge shall be $1,040 per licensed bed. If the number of 
1.12 	licensed beds is reduced, the surcharge shall be based on the number of remaining licensed 
1.13 	beds the second month following the receipt of timely notice by the commissioner of 
1.14 	human services that beds have been delicensed. The facility must notify the commissioner 
1.15 	of health in writing when beds are delicensed. The commissioner of health must notify 
1.16 	the commissioner of human services within ten working days after receiving written 
1.17 	notification. If the notification is received by the commissioner of human services by 
1.18 	the 15th of the month, the invoice for the second following month must be reduced to 
1.19 	recognize the delicensing of beds. The commissioner may reduce, and may subsequently 
1.20 	restore, the surcharge under this subdivision based on the commissioner's determination of 
1.21 	a permissible surcharge. 
1.22 	(b) Effective July 1, 2010, the surcharge under paragraph (a) is increased to $4,037 
1.23 	per licensed bed.

2.1 	Sec. 2. Minnesota Statutes 2008, section 256B.5012, is amended by adding a 
2.2 	subdivision to read:
2.3 		Subd. 9.Rate increase effective June 1, 2010. For rate periods beginning on or 
2.4 	after June 1, 2010, the commissioner shall increase the total operating payment rate for 
2.5 	each facility reimbursed under this section by $8.74 per day. The increase shall not be 
2.6 	subject to any annual percentage increase.

2.7 	EFFECTIVE DATE. This section is effective June 1, 2010.