Bill Text: MN SF2699 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Veterans homes cost of care calculations modifications and annual adjustments authorization
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-05-16 - General Orders: Stricken and returned to author [SF2699 Detail]
Download: Minnesota-2013-SF2699-Engrossed.html
1.2relating to veterans homes; modifying cost of care calculations; providing
1.3for annual adjustments;amending Minnesota Statutes 2012, section 198.03,
1.4subdivisions 2, 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 198.03, subdivision 2, is amended to read:
1.7 Subd. 2. Cost of care. (a) The commissioner shall set out in rules the method of
1.8calculating the average cost of care for the domiciliary and nursing care residents. The cost
1.9must be determined yearly based upon the average cost per resident taking into account,
1.10but not limited to, administrative cost of the homes, the cost of service available to the
1.11resident, and food and lodging costs. These average costs must be calculated separately for
1.12domiciliary and nursing care residents. The amount charged each resident for maintenance,
1.13if anything, must be based on the appropriate average cost of care calculation and the
1.14assets and income of the resident but must not exceed the appropriate average cost of care.
1.15(b) Using the authority granted in section 198.003, the commissioner shall set out
1.16in rules the method of calculating each domiciliary resident's maintenance charge. This
1.17maintenance charge shall establish a personal needs allowance based on each domiciliary
1.18resident's monthly income. For the period of January 1, 2015, to December 31, 2015, the
1.19personal needs allowance shall not be less than $114 per month. The commissioner shall
1.20recommend adjustments to the personal needs allowance as an item in the department's
1.21biennial budget requests.
1.22EFFECTIVE DATE.This section is effective the day following final enactment.
1.23 Sec. 2. Minnesota Statutes 2012, section 198.03, subdivision 3, is amended to read:
2.1 Subd. 3. Arrearages. Residents are liable for paying all of their overdue
2.2maintenance charges. Overdue maintenance charges incurred after May 1, 1990, may be
2.3charged interest according to section334.01 . A resident owing overdue maintenance to
2.4the state of Minnesotafor charges incurred prior to May 1, 1990, may continue to stay in
2.5the home if the resident enters into an agreement, including a payment schedule, with the
2.6administrator for the payment of the arrearage and abides by the agreement. Residents
2.7who do not promptly pay maintenance or who do not abide by their agreements to pay
2.8overdue maintenance to the state of Minnesota may be discharged from the home. The
2.9payment schedule agreed to between the administrator and the resident must provide for
2.10the prompt payment of the overdue maintenance owed by the resident, but it must not
2.11reduce the resident's personal needs allowance belowthat which is provided for in the
2.12administrative rules of the facility the amount specified in subdivision 2.
2.13EFFECTIVE DATE.This section is effective the day following final enactment.
1.3for annual adjustments;amending Minnesota Statutes 2012, section 198.03,
1.4subdivisions 2, 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 198.03, subdivision 2, is amended to read:
1.7 Subd. 2. Cost of care. (a) The commissioner shall set out in rules the method of
1.8calculating the average cost of care for the domiciliary and nursing care residents. The cost
1.9must be determined yearly based upon the average cost per resident taking into account,
1.10but not limited to, administrative cost of the homes, the cost of service available to the
1.11resident, and food and lodging costs. These average costs must be calculated separately for
1.12domiciliary and nursing care residents. The amount charged each resident for maintenance,
1.13if anything, must be based on the appropriate average cost of care calculation and the
1.14assets and income of the resident but must not exceed the appropriate average cost of care.
1.15(b) Using the authority granted in section 198.003, the commissioner shall set out
1.16in rules the method of calculating each domiciliary resident's maintenance charge. This
1.17maintenance charge shall establish a personal needs allowance based on each domiciliary
1.18resident's monthly income. For the period of January 1, 2015, to December 31, 2015, the
1.19personal needs allowance shall not be less than $114 per month. The commissioner shall
1.20recommend adjustments to the personal needs allowance as an item in the department's
1.21biennial budget requests.
1.22EFFECTIVE DATE.This section is effective the day following final enactment.
1.23 Sec. 2. Minnesota Statutes 2012, section 198.03, subdivision 3, is amended to read:
2.1 Subd. 3. Arrearages. Residents are liable for paying all of their overdue
2.2maintenance charges. Overdue maintenance charges incurred after May 1, 1990, may be
2.3charged interest according to section
2.4the state of Minnesota
2.5the home if the resident enters into an agreement, including a payment schedule, with the
2.6administrator for the payment of the arrearage and abides by the agreement. Residents
2.7who do not promptly pay maintenance or who do not abide by their agreements to pay
2.8overdue maintenance to the state of Minnesota may be discharged from the home. The
2.9payment schedule agreed to between the administrator and the resident must provide for
2.10the prompt payment of the overdue maintenance owed by the resident, but it must not
2.11reduce the resident's personal needs allowance below
2.12
2.13EFFECTIVE DATE.This section is effective the day following final enactment.
