(a) The commissioner, in consultation with the commissioner of health, may designate certain nursing facilities as critical access nursing facilities. The designation shall be granted on a competitive basis, within the limits of funds appropriated for this purpose.
(b) The commissioner shall request proposals from nursing facilities every two years. Proposals must be submitted in the form and according to the timelines established by the commissioner. In selecting applicants to designate, the commissioner, in consultation with the commissioner of health, and with input from stakeholders, shall develop criteria designed to preserve access to nursing facility services in isolated areas, rebalance long-term care, and improve quality. To the extent practicable, the commissioner shall ensure an even distribution of designations across the state.
(c) The commissioner shall allow the benefits in clauses (1) to (5) for nursing facilities designated as critical access nursing facilities:
(1) partial rebasing, with the commissioner allowing a designated facility operating payment rates being the sum of up to 60 percent of the operating payment rate determined in accordance with section 256R.21, subdivision 3, and at least 40 percent, with the sum of the two portions being equal to 100 percent, of the operating payment rate that would have been allowed had the facility not been designated. The commissioner may adjust these percentages by up to 20 percent and may approve a request for less than the amount allowed;
(2) enhanced payments for leave days. Notwithstanding section 256R.43, upon designation as a critical access nursing facility, the commissioner shall limit payment for leave days to 60 percent of that nursing facility's total payment rate for the involved resident, and shall allow this payment only when the occupancy of the nursing facility, inclusive of bed hold days, is equal to or greater than 90 percent;
(3) two designated critical access nursing facilities, with up to 100 beds in active service, may jointly apply to the commissioner of health for a waiver of Minnesota Rules, part 4658.0500, subpart 2, in order to jointly employ a director of nursing. The commissioner of health shall consider each waiver request independently based on the criteria under Minnesota Rules, part 4658.0040;
(4) the minimum threshold under section 256B.431, subdivision 15, paragraph (e), shall be 40 percent of the amount that would otherwise apply; and
(5) the quality-based rate limits under section 256R.23, subdivisions 5 to 7, apply to designated critical access nursing facilities.
(d) Designation of a critical access nursing facility is for a period of two years, after which the benefits allowed under paragraph (c) shall be removed. Designated facilities may apply for continued designation.
(e) This section is suspended and no state or federal funding shall be appropriated or allocated for the purposes of this section from January 1, 2016, to December 31, 2019.
2016 c 99 art 1 s 34; 1Sp2017 c 6 art 3 s 45
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 256R — Nursing Facility Rates
Section 256R.02 — Definitions.
Section 256R.03 — Conditions For Funding.
Section 256R.04 — Prohibited Practices.
Section 256R.05 — Required Practices.
Section 256R.06 — Private Pay Residents; Required Practices.
Section 256R.07 — Adequate Documentation.
Section 256R.08 — Reporting Of Financial Statements.
Section 256R.09 — Reporting Of Statistical And Cost Reports.
Section 256R.10 — Allowed Costs.
Section 256R.11 — Nonallowed Costs.
Section 256R.12 — Cost Allocation.
Section 256R.13 — Auditing Requirements.
Section 256R.16 — Quality Of Care.
Section 256R.18 — Report By Commissioner Of Human Services.
Section 256R.21 — Total Payment Rate.
Section 256R.22 — Case Mix Adjusted Total Payment Rate.
Section 256R.23 — Total Care-related Payment Rates.
Section 256R.24 — Other Operating Payment Rate.
Section 256R.25 — External Fixed Costs Payment Rate.
Section 256R.26 — Property Payment Rate.
Section 256R.261 — Property Rate Definitions.
Section 256R.265 — Appraisals And Determination Of Replacement Costs.
Section 256R.267 — Threshold Project Property Payment Rate Interim Adjustments.
Section 256R.27 — Interim And Settle-up Payment Rates.
Section 256R.36 — Hold Harmless.
Section 256R.37 — Scholarships.
Section 256R.38 — Performance-based Incentive Payments.
Section 256R.39 — Quality Improvement Incentive Program.
Section 256R.40 — Nursing Facility Voluntary Closure; Alternatives.
Section 256R.41 — Single-bed Room Incentive.
Section 256R.42 — Rate Adjustment For The First 30 Days.
Section 256R.44 — Rate Adjustment For Private Rooms For Medical Necessity.
Section 256R.45 — Rate Adjustment For Ventilator-dependent Persons.
Section 256R.46 — Specialized Care Facilities.
Section 256R.47 — Rate Adjustment For Critical Access Nursing Facilities.
Section 256R.48 — Publicly Owned Facilities.
Section 256R.481 — Rate Adjustments For Border City Facilities.
Section 256R.50 — Bed Relocations.
Section 256R.51 — Rate Adjustment For Special Dietary Needs.
Section 256R.52 — Nursing Facility Receivership Fees.