1.1.................... moves to amend H.F. No. 828 as follows:
1.2Page 1, after line 4, insert:
1.3 "Section 1. Minnesota Statutes 2010, section 144A.04, is amended by adding a
1.4subdivision to read:
1.5 Subd. 13. Exemptions. (a) Boarding care homes certified to participate in the
1.6Medicaid program under title XIX of the Social Security Act are exempt from state
1.7licensure requirements promulgated by the commissioner under Minnesota Rules, chapters
1.84667, 4668, and 4669.
1.9(b) Nursing homes certified to participate in the Medicare program under title
1.10XVII of the Social Security Act or the Medicaid program under title XIX of the Social
1.11Security Act are exempt from licensure rules promulgated by the commissioner under
1.12Minnesota Rules, chapter 4658.
1.13 Sec. 2. Minnesota Statutes 2010, section 144A.05, is amended to read:
1.14144A.05 LICENSE RENEWAL.
1.15Unless the license expires in accordance with section
144A.06 or is suspended
1.16or revoked in accordance with section
144A.11, a nursing home license shall remain
1.17effective for a period of one year from the date of its issuance. The commissioner of
1.18health by rule shall establish forms and procedures for the processing of license renewals.
1.19The commissioner of health shall approve a license renewal application if the facility
1.20continues to satisfy the requirements, standards and conditions prescribed by sections
1.21144A.01
to
144A.155 and the rules promulgated thereunder. The commissioner shall not
1.22approve the renewal of a license for a nursing home bed in a resident room with more
1.23than four beds. Except as provided in section
144A.08, a facility shall not be required to
1.24submit with each application for a license renewal additional copies of the architectural
1.25and engineering plans and specifications of the facility. Before approving a license
2.1renewal, the commissioner of health shall determine that the facility's most recent balance
2.2sheet and its most recent statement of revenues and expenses, as audited by the state
2.3auditor, by a certified public accountant licensed in accordance with chapter 326A or by a
2.4public accountant as defined in section
412.222, have been received by the Department
2.5of Human Services.
The commissioner of health shall renew the license of a boarding
2.6care home, licensed under sections 144.50 to 144.58, or a nursing home, licensed under
2.7l144A.01 to 144A.10, provided that it maintains certification by the Centers for Medicare
2.8and Medicaid Services for participation in at least one of the federal programs.
2.9 Sec. 3. Minnesota Statutes 2010, section 144A.61, is amended by adding a subdivision
2.10to read:
2.11 Subd. 9. Electronic transmission. The commissioner of health must accept
2.12electronic transmission of applications and supporting documentation for interstate
2.13endorsement for the nursing assistant registry."
2.14Page 4, after line 35, insert:
2.15 "Sec. 5. Minnesota Statutes 2010, section 626.5572, subdivision 6, is amended to read:
2.16 Subd. 6.
Facility. (a) "Facility" means a hospital or other entity required to be
2.17licensed under sections
144.50 to
144.58; a nursing home required to be licensed to
2.18serve adults under section
144A.02; a residential or nonresidential facility required to
2.19be licensed to serve adults under sections
245A.01 to
245A.16; a home care provider
2.20licensed or required to be licensed under section
144A.46; a hospice provider licensed
2.21under sections
144A.75 to
144A.755; or a person or organization that exclusively offers,
2.22provides, or arranges for personal care assistance services under the medical assistance
2.23program as authorized under sections
256B.04, subdivision 16,
256B.0625, subdivision
2.2419a
,
256B.0651 to
256B.0656, and
256B.0659.
2.25(b) For home care providers and personal care attendants, the term "facility" refers
2.26to the provider or person or organization that exclusively offers, provides, or arranges for
2.27personal care services, and does not refer to the client's home or other location at which
2.28services are rendered.
2.29(c) A boarding care home required to be licensed under sections 144.50 to 144.58
2.30is excluded from the definition in paragraph (a) provided it is certified to participate in
2.31Medicaid under title XIX of the Social Security Act. A nursing home required to be
2.32licensed under section 144A.02 is excluded from the definition in paragraph (a) provided
2.33it is certified to participate in Medicare under title XVIIII or Medicaid under title XIX of
2.34the Social Security Act.
3.1 Sec. 6. Minnesota Statutes 2010, section 626.5572, subdivision 16, is amended to read:
3.2 Subd. 16.
Mandated reporter. "Mandated reporter" means a professional or
3.3professional's delegate while engaged in: (1) social services; (2) law enforcement; (3)
3.4education; (4) the care of vulnerable adults; (5) any of the occupations referred to in
3.5section
214.01, subdivision 2; (6) an employee of a rehabilitation facility certified by the
3.6commissioner of jobs and training for vocational rehabilitation; (7) an employee or person
3.7providing services in a facility as defined in subdivision 6; or (8) a person that performs
3.8the duties of the medical examiner or coroner.
Employees of boarding care homes or
3.9nursing homes referenced in subdivision 6, paragraph (c), are not mandated reporters."
3.10Renumber the sections in sequence and correct the internal references
3.11Amend the title accordingly