Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1402 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to health insurance; establishing medical assistance rate adjustments for​
33 1.3 physician and professional services; increasing rates for certain residential services;​
44 1.4 requiring a statewide reimbursement rate for behavioral health home services;​
5-1.5 imposing an assessment on health plan companies to provide nonfederal funds for​
6-1.6 medical assistance; authorizing the commissioner of human services to seek federal​
7-1.7 waivers; amending Minnesota Statutes 2024, sections 256.969, subdivision 2b;​
8-1.8 256B.0757, subdivision 5, by adding a subdivision; 256B.76, subdivisions 1, 6;​
9-1.9 256B.761; proposing coding for new law in Minnesota Statutes, chapters 256B;​
10-1.10 295; repealing Minnesota Statutes 2024, section 256B.0625, subdivision 38.​
11-1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
12-1.12 Section 1. Minnesota Statutes 2024, section 256.969, subdivision 2b, is amended to read:​
13-1.13 Subd. 2b.Hospital payment rates.(a) For discharges occurring on or after November​
14-1.141, 2014, hospital inpatient services for hospitals located in Minnesota shall be paid according​
15-1.15to the following:​
16-1.16 (1) critical access hospitals as defined by Medicare shall be paid using a cost-based​
17-1.17methodology;​
18-1.18 (2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology​
19-1.19under subdivision 25;​
20-1.20 (3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation​
21-1.21distinct parts as defined by Medicare shall be paid according to the methodology under​
22-1.22subdivision 12; and​
23-1.23 (4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.​
5+1.5 amending Minnesota Statutes 2024, sections 256.969, subdivision 2b; 256B.0757,​
6+1.6 subdivision 5, by adding a subdivision; 256B.76, subdivisions 1, 6; 256B.761;​
7+1.7 proposing coding for new law in Minnesota Statutes, chapter 256B; repealing​
8+1.8 Minnesota Statutes 2024, section 256B.0625, subdivision 38.​
9+1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
10+1.10 Section 1. Minnesota Statutes 2024, section 256.969, subdivision 2b, is amended to read:​
11+1.11 Subd. 2b.Hospital payment rates.(a) For discharges occurring on or after November​
12+1.121, 2014, hospital inpatient services for hospitals located in Minnesota shall be paid according​
13+1.13to the following:​
14+1.14 (1) critical access hospitals as defined by Medicare shall be paid using a cost-based​
15+1.15methodology;​
16+1.16 (2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology​
17+1.17under subdivision 25;​
18+1.18 (3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation​
19+1.19distinct parts as defined by Medicare shall be paid according to the methodology under​
20+1.20subdivision 12; and​
21+1.21 (4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.​
22+1.22 (b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not​
23+1.23be rebased, except that a Minnesota long-term hospital shall be rebased effective January​
24+1.241, 2011, based on its most recent Medicare cost report ending on or before September 1,​
2425 1​Section 1.​
25-S1402-1 1st EngrossmentSF1402 REVISOR AGW​
26+25-02460 as introduced02/07/25 REVISOR AGW/VJ
2627 SENATE​
2728 STATE OF MINNESOTA​
2829 S.F. No. 1402​NINETY-FOURTH SESSION​
29-(SENATE AUTHORS: WIKLUND, Mann, Abeler and Boldon)​
30+(SENATE AUTHORS: WIKLUND, Mann and Lieske)​
3031 OFFICIAL STATUS​D-PG​DATE​
31-Introduction and first reading​388​02/13/2025​
32-Referred to Health and Human Services​
33-Authors added Abeler; Boldon​579​02/27/2025​
34-Comm report: To pass as amended and re-refer to Taxes​03/03/2025​
35-Author stricken Lieske​ 2.1 (b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not​
36-2.2be rebased, except that a Minnesota long-term hospital shall be rebased effective January​
37-2.31, 2011, based on its most recent Medicare cost report ending on or before September 1,​
38-2.42008, with the provisions under subdivisions 9 and 23, based on the rates in effect on​
39-2.5December 31, 2010. For rate setting periods after November 1, 2014, in which the base​
40-2.6years are updated, a Minnesota long-term hospital's base year shall remain within the same​
41-2.7period as other hospitals.​
42-2.8 (c) Effective for discharges occurring on and after November 1, 2014, payment rates​
43-2.9for hospital inpatient services provided by hospitals located in Minnesota or the local trade​
44-2.10area, except for the hospitals paid under the methodologies described in paragraph (a),​
45-2.11clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a​
46-2.12manner similar to Medicare. The base year or years for the rates effective November 1,​
47-2.132014, shall be calendar year 2012. The rebasing under this paragraph shall be budget neutral,​
48-2.14ensuring that the total aggregate payments under the rebased system are equal to the total​
49-2.15aggregate payments that were made for the same number and types of services in the base​
50-2.16year. Separate budget neutrality calculations shall be determined for payments made to​
51-2.17critical access hospitals and payments made to hospitals paid under the DRG system. Only​
52-2.18the rate increases or decreases under subdivision 3a or 3c that applied to the hospitals being​
53-2.19rebased during the entire base period shall be incorporated into the budget neutrality​
54-2.20calculation.​
55-2.21 (d) For discharges occurring on or after November 1, 2014, through the next rebasing​
56-2.22that occurs, the rebased rates under paragraph (c) that apply to hospitals under paragraph​
57-2.23(a), clause (4), shall include adjustments to the projected rates that result in no greater than​
58-2.24a five percent increase or decrease from the base year payments for any hospital. Any​
59-2.25adjustments to the rates made by the commissioner under this paragraph and paragraph (e)​
60-2.26shall maintain budget neutrality as described in paragraph (c).​
61-2.27 (e) For discharges occurring on or after November 1, 2014, the commissioner may make​
62-2.28additional adjustments to the rebased rates, and when evaluating whether additional​
63-2.29adjustments should be made, the commissioner shall consider the impact of the rates on the​
64-2.30following:​
65-2.31 (1) pediatric services;​
66-2.32 (2) behavioral health services;​
67-2.33 (3) trauma services as defined by the National Uniform Billing Committee;​
68-2.34 (4) transplant services;​
32+Introduction and first reading​02/13/2025​
33+Referred to Health and Human Services​ 2.12008, with the provisions under subdivisions 9 and 23, based on the rates in effect on​
34+2.2December 31, 2010. For rate setting periods after November 1, 2014, in which the base​
35+2.3years are updated, a Minnesota long-term hospital's base year shall remain within the same​
36+2.4period as other hospitals.​
37+2.5 (c) Effective for discharges occurring on and after November 1, 2014, payment rates​
38+2.6for hospital inpatient services provided by hospitals located in Minnesota or the local trade​
39+2.7area, except for the hospitals paid under the methodologies described in paragraph (a),​
40+2.8clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a​
41+2.9manner similar to Medicare. The base year or years for the rates effective November 1,​
42+2.102014, shall be calendar year 2012. The rebasing under this paragraph shall be budget neutral,​
43+2.11ensuring that the total aggregate payments under the rebased system are equal to the total​
44+2.12aggregate payments that were made for the same number and types of services in the base​
45+2.13year. Separate budget neutrality calculations shall be determined for payments made to​
46+2.14critical access hospitals and payments made to hospitals paid under the DRG system. Only​
47+2.15the rate increases or decreases under subdivision 3a or 3c that applied to the hospitals being​
48+2.16rebased during the entire base period shall be incorporated into the budget neutrality​
49+2.17calculation.​
50+2.18 (d) For discharges occurring on or after November 1, 2014, through the next rebasing​
51+2.19that occurs, the rebased rates under paragraph (c) that apply to hospitals under paragraph​
52+2.20(a), clause (4), shall include adjustments to the projected rates that result in no greater than​
53+2.21a five percent increase or decrease from the base year payments for any hospital. Any​
54+2.22adjustments to the rates made by the commissioner under this paragraph and paragraph (e)​
55+2.23shall maintain budget neutrality as described in paragraph (c).​
56+2.24 (e) For discharges occurring on or after November 1, 2014, the commissioner may make​
57+2.25additional adjustments to the rebased rates, and when evaluating whether additional​
58+2.26adjustments should be made, the commissioner shall consider the impact of the rates on the​
59+2.27following:​
60+2.28 (1) pediatric services;​
61+2.29 (2) behavioral health services;​
62+2.30 (3) trauma services as defined by the National Uniform Billing Committee;​
63+2.31 (4) transplant services;​
64+2.32 (5) obstetric services, newborn services, and behavioral health services provided by​
65+2.33hospitals outside the seven-county metropolitan area;​
6966 2​Section 1.​
70-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 3.1 (5) obstetric services, newborn services, and behavioral health services provided by
71-3.2hospitals outside the seven-county metropolitan area;
72-3.3 (6) outlier admissions;
73-3.4 (7) low-volume providers; and
74-3.5 (8) services provided by small rural hospitals that are not critical access hospitals.
75-3.6 (f) Hospital payment rates established under paragraph (c) must incorporate the following:
76-3.7 (1) for hospitals paid under the DRG methodology, the base year payment rate per
77-3.8admission is standardized by the applicable Medicare wage index and adjusted by the
78-3.9hospital's disproportionate population adjustment;
79-3.10 (2) for critical access hospitals, payment rates for discharges between November 1, 2014,
80-3.11and June 30, 2015, shall be set to the same rate of payment that applied for discharges on
81-3.12October 31, 2014;​
82-3.13 (3) the cost and charge data used to establish hospital payment rates must only reflect
83-3.14inpatient services covered by medical assistance; and
84-3.15 (4) in determining hospital payment rates for discharges occurring on or after the rate
85-3.16year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per
86-3.17discharge shall be based on the cost-finding methods and allowable costs of the Medicare
87-3.18program in effect during the base year or years. In determining hospital payment rates for
88-3.19discharges in subsequent base years, the per discharge rates shall be based on the cost-finding
89-3.20methods and allowable costs of the Medicare program in effect during the base year or
90-3.21years.
91-3.22 (g) The commissioner shall validate the rates effective November 1, 2014, by applying
92-3.23the rates established under paragraph (c), and any adjustments made to the rates under
93-3.24paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine whether the
94-3.25total aggregate payments for the same number and types of services under the rebased rates
95-3.26are equal to the total aggregate payments made during calendar year 2013.
96-3.27 (h) Effective for discharges occurring on or after July 1, 2017, and every two years​
97-3.28thereafter, payment rates under this section shall be rebased to reflect only those changes
98-3.29in hospital costs between the existing base year or years and the next base year or years. In
99-3.30any year that inpatient claims volume falls below the threshold required to ensure a
100-3.31statistically valid sample of claims, the commissioner may combine claims data from two
101-3.32consecutive years to serve as the base year. Years in which inpatient claims volume is
102-3.33reduced or altered due to a pandemic or other public health emergency shall not be used as
67+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 3.1 (6) outlier admissions;
68+3.2 (7) low-volume providers; and
69+3.3 (8) services provided by small rural hospitals that are not critical access hospitals.
70+3.4 (f) Hospital payment rates established under paragraph (c) must incorporate the following:
71+3.5 (1) for hospitals paid under the DRG methodology, the base year payment rate per
72+3.6admission is standardized by the applicable Medicare wage index and adjusted by the
73+3.7hospital's disproportionate population adjustment;
74+3.8 (2) for critical access hospitals, payment rates for discharges between November 1, 2014,
75+3.9and June 30, 2015, shall be set to the same rate of payment that applied for discharges on
76+3.10October 31, 2014;
77+3.11 (3) the cost and charge data used to establish hospital payment rates must only reflect
78+3.12inpatient services covered by medical assistance; and
79+3.13 (4) in determining hospital payment rates for discharges occurring on or after the rate
80+3.14year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per
81+3.15discharge shall be based on the cost-finding methods and allowable costs of the Medicare
82+3.16program in effect during the base year or years. In determining hospital payment rates for
83+3.17discharges in subsequent base years, the per discharge rates shall be based on the cost-finding​
84+3.18methods and allowable costs of the Medicare program in effect during the base year or​
85+3.19years.
86+3.20 (g) The commissioner shall validate the rates effective November 1, 2014, by applying
87+3.21the rates established under paragraph (c), and any adjustments made to the rates under
88+3.22paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine whether the​
89+3.23total aggregate payments for the same number and types of services under the rebased rates​
90+3.24are equal to the total aggregate payments made during calendar year 2013.
91+3.25 (h) Effective for discharges occurring on or after July 1, 2017, and every two years
92+3.26thereafter, payment rates under this section shall be rebased to reflect only those changes
93+3.27in hospital costs between the existing base year or years and the next base year or years. In
94+3.28any year that inpatient claims volume falls below the threshold required to ensure a
95+3.29statistically valid sample of claims, the commissioner may combine claims data from two
96+3.30consecutive years to serve as the base year. Years in which inpatient claims volume is
97+3.31reduced or altered due to a pandemic or other public health emergency shall not be used as
98+3.32a base year or part of a base year if the base year includes more than one year. Changes in​
99+3.33costs between base years shall be measured using the lower of the hospital cost index defined
103100 3​Section 1.​
104-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 4.1a base year or part of a base year if the base year includes more than one year. Changes in
105-4.2costs between base years shall be measured using the lower of the hospital cost index defined
106-4.3in subdivision 1, paragraph (a), or the percentage change in the case mix adjusted cost per
107-4.4claim. The commissioner shall establish the base year for each rebasing period considering
108-4.5the most recent year or years for which filed Medicare cost reports are available, except
109-4.6that the base years for the rebasing effective July 1, 2023, are calendar years 2018 and 2019.
110-4.7The estimated change in the average payment per hospital discharge resulting from a
111-4.8scheduled rebasing must be calculated and made available to the legislature by January 15
112-4.9of each year in which rebasing is scheduled to occur, and must include by hospital the
113-4.10differential in payment rates compared to the individual hospital's costs.
114-4.11 (i) Effective for discharges occurring on or after July 1, 2015, inpatient payment rates
115-4.12for critical access hospitals located in Minnesota or the local trade area shall be determined
116-4.13using a new cost-based methodology. The commissioner shall establish within the
117-4.14methodology tiers of payment designed to promote efficiency and cost-effectiveness.​
118-4.15Payment rates for hospitals under this paragraph shall be set at a level that does not exceed
119-4.16the total cost for critical access hospitals as reflected in base year cost reports. Until the
120-4.17next rebasing that occurs, the new methodology shall result in no greater than a five percent​
121-4.18decrease from the base year payments for any hospital, except a hospital that had payments
122-4.19that were greater than 100 percent of the hospital's costs in the base year shall have their
123-4.20rate set equal to 100 percent of costs in the base year. The rates paid for discharges on and​
124-4.21after July 1, 2016, covered under this paragraph shall be increased by the inflation factor
125-4.22in subdivision 1, paragraph (a). The new cost-based rate shall be the final rate and shall not
126-4.23be settled to actual incurred costs. Hospitals shall be assigned a payment tier based on the​
127-4.24following criteria:
128-4.25 (1) hospitals that had payments at or below 80 percent of their costs in the base year
129-4.26shall have a rate set that equals 85 percent of their base year costs;
130-4.27 (2) hospitals that had payments that were above 80 percent, up to and including 90
131-4.28percent of their costs in the base year shall have a rate set that equals 95 percent of their
132-4.29base year costs; and
133-4.30 (3) hospitals that had payments that were above 90 percent of their costs in the base year
134-4.31shall have a rate set that equals 100 percent of their base year costs.
135-4.32 (j) The commissioner may refine the payment tiers and criteria for critical access hospitals
136-4.33to coincide with the next rebasing under paragraph (h). The factors used to develop the new
137-4.34methodology may include, but are not limited to:
101+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 4.1in subdivision 1, paragraph (a), or the percentage change in the case mix adjusted cost per
102+4.2claim. The commissioner shall establish the base year for each rebasing period considering
103+4.3the most recent year or years for which filed Medicare cost reports are available, except
104+4.4that the base years for the rebasing effective July 1, 2023, are calendar years 2018 and 2019.
105+4.5The estimated change in the average payment per hospital discharge resulting from a
106+4.6scheduled rebasing must be calculated and made available to the legislature by January 15
107+4.7of each year in which rebasing is scheduled to occur, and must include by hospital the
108+4.8differential in payment rates compared to the individual hospital's costs.
109+4.9 (i) Effective for discharges occurring on or after July 1, 2015, inpatient payment rates
110+4.10for critical access hospitals located in Minnesota or the local trade area shall be determined
111+4.11using a new cost-based methodology. The commissioner shall establish within the
112+4.12methodology tiers of payment designed to promote efficiency and cost-effectiveness.
113+4.13Payment rates for hospitals under this paragraph shall be set at a level that does not exceed
114+4.14the total cost for critical access hospitals as reflected in base year cost reports. Until the
115+4.15next rebasing that occurs, the new methodology shall result in no greater than a five percent
116+4.16decrease from the base year payments for any hospital, except a hospital that had payments
117+4.17that were greater than 100 percent of the hospital's costs in the base year shall have their
118+4.18rate set equal to 100 percent of costs in the base year. The rates paid for discharges on and
119+4.19after July 1, 2016, covered under this paragraph shall be increased by the inflation factor
120+4.20in subdivision 1, paragraph (a). The new cost-based rate shall be the final rate and shall not
121+4.21be settled to actual incurred costs. Hospitals shall be assigned a payment tier based on the​
122+4.22following criteria:
123+4.23 (1) hospitals that had payments at or below 80 percent of their costs in the base year
124+4.24shall have a rate set that equals 85 percent of their base year costs;
125+4.25 (2) hospitals that had payments that were above 80 percent, up to and including 90
126+4.26percent of their costs in the base year shall have a rate set that equals 95 percent of their​
127+4.27base year costs; and​
128+4.28 (3) hospitals that had payments that were above 90 percent of their costs in the base year​
129+4.29shall have a rate set that equals 100 percent of their base year costs.
130+4.30 (j) The commissioner may refine the payment tiers and criteria for critical access hospitals
131+4.31to coincide with the next rebasing under paragraph (h). The factors used to develop the new
132+4.32methodology may include, but are not limited to:
133+4.33 (1) the ratio between the hospital's costs for treating medical assistance patients and the​
134+4.34hospital's charges to the medical assistance program;
138135 4​Section 1.​
139-S1402-1 1st Engrossment​SF1402 REVISOR AGW​ 5.1 (1) the ratio between the hospital's costs for treating medical assistance patients and the​
140-5.2hospital's charges to the medical assistance program;​
141-5.3 (2) the ratio between the hospital's costs for treating medical assistance patients and the​
142-5.4hospital's payments received from the medical assistance program for the care of medical​
143-5.5assistance patients;​
144-5.6 (3) the ratio between the hospital's charges to the medical assistance program and the​
145-5.7hospital's payments received from the medical assistance program for the care of medical​
146-5.8assistance patients;​
147-5.9 (4) the statewide average increases in the ratios identified in clauses (1), (2), and (3);​
148-5.10 (5) the proportion of that hospital's costs that are administrative and trends in​
149-5.11administrative costs; and​
150-5.12 (6) geographic location.​
151-5.13 (k) Subject to subdivision 2g, effective for discharges occurring on or after January 1,​
152-5.142024, the rates paid to hospitals described in paragraph (a), clauses (2) to (4), must include​
153-5.15a rate factor specific to each hospital that qualifies for a medical education and research​
154-5.16cost distribution under section 62J.692, subdivision 4, paragraph (a).​
155-5.17 (l) Effective for discharges occurring on or after January 1, 2028, the commissioner​
156-5.18must increase:​
157-5.19 (1) payments for inpatient behavioral health services provided by hospitals paid under​
158-5.20the DRG methodology by increasing the adjustment for behavioral health services under​
159-5.21section 256.969, subdivision 2b, paragraph (e); and​
160-5.22 (2) capitation payments made to managed care plans and county-based purchasing plans​
161-5.23to reflect the rate increase provided under this paragraph. Managed care and county-based​
162-5.24purchasing plans must use the capitation rate increase provided under this clause to increase​
163-5.25payment rates for inpatient behavioral health services provided by hospitals paid under the​
164-5.26DRG methodology. The commissioner must monitor the effect of this rate increase on​
165-5.27enrollee access to behavioral health services. If for any contract year federal approval is not​
166-5.28received for this clause, the commissioner must adjust the capitation rates paid to managed​
167-5.29care plans and county-based purchasing plans for that contract year to reflect the removal​
168-5.30of this clause. Contracts between managed care plans and county-based purchasing plans​
169-5.31and providers to whom this paragraph applies must allow recovery of payments from those​
170-5.32providers if capitation rates are adjusted in accordance with this clause. Payment recoveries​
171-5.33must not exceed the amount equal to any increase in rates that results from this paragraph.​
136+25-02460 as introduced​02/07/25 REVISOR AGW/VJ​ 5.1 (2) the ratio between the hospital's costs for treating medical assistance patients and the​
137+5.2hospital's payments received from the medical assistance program for the care of medical​
138+5.3assistance patients;​
139+5.4 (3) the ratio between the hospital's charges to the medical assistance program and the​
140+5.5hospital's payments received from the medical assistance program for the care of medical​
141+5.6assistance patients;​
142+5.7 (4) the statewide average increases in the ratios identified in clauses (1), (2), and (3);​
143+5.8 (5) the proportion of that hospital's costs that are administrative and trends in​
144+5.9administrative costs; and​
145+5.10 (6) geographic location.​
146+5.11 (k) Subject to subdivision 2g, effective for discharges occurring on or after January 1,​
147+5.122024, the rates paid to hospitals described in paragraph (a), clauses (2) to (4), must include​
148+5.13a rate factor specific to each hospital that qualifies for a medical education and research​
149+5.14cost distribution under section 62J.692, subdivision 4, paragraph (a).​
150+5.15 (l) Effective for discharges occurring on or after January 1, 2028, the commissioner​
151+5.16must increase:​
152+5.17 (1) payments for inpatient behavioral health services provided by hospitals paid under​
153+5.18the DRG methodology by increasing the adjustment for behavioral health services under​
154+5.19section 256.969, subdivision 2b, paragraph (e); and​
155+5.20 (2) capitation payments made to managed care plans and county-based purchasing plans​
156+5.21to reflect the rate increase provided under this paragraph. Managed care and county-based​
157+5.22purchasing plans must use the capitation rate increase provided under this clause to increase​
158+5.23payment rates for inpatient behavioral health services provided by hospitals paid under the​
159+5.24DRG methodology. The commissioner must monitor the effect of this rate increase on​
160+5.25enrollee access to behavioral health services. If for any contract year federal approval is not​
161+5.26received for this clause, the commissioner must adjust the capitation rates paid to managed​
162+5.27care plans and county-based purchasing plans for that contract year to reflect the removal​
163+5.28of this clause. Contracts between managed care plans and county-based purchasing plans​
164+5.29and providers to whom this paragraph applies must allow recovery of payments from those​
165+5.30providers if capitation rates are adjusted in accordance with this clause. Payment recoveries​
166+5.31must not exceed the amount equal to any increase in rates that results from this paragraph.​
172167 5​Section 1.​
173-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 6.1 Sec. 2. Minnesota Statutes 2024, section 256B.0757, subdivision 5, is amended to read:​
168+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 6.1 Sec. 2. Minnesota Statutes 2024, section 256B.0757, subdivision 5, is amended to read:​
174169 6.2 Subd. 5.Payments.(a) The commissioner shall make payments to each designated​
175170 6.3provider for the provision of health home services described in subdivision 3 to each eligible​
176171 6.4individual under subdivision 2 that selects the health home as a provider. This paragraph​
177172 6.5expires on the date that paragraph (b) becomes effective.​
178173 6.6 (b) Effective January 1, 2028, or upon federal approval, whichever is later, the​
179174 6.7commissioner shall make payments to each designated provider for the provision of health​
180175 6.8home services described in subdivision 3, except for behavioral health services, to each​
181176 6.9eligible individual under subdivision 2 who selects the health home as a provider.​
182177 6.10 Sec. 3. Minnesota Statutes 2024, section 256B.0757, is amended by adding a subdivision​
183178 6.11to read:​
184179 6.12 Subd. 5a.Payments for behavioral health home services.(a) Notwithstanding​
185180 6.13subdivision 5, the commissioner must implement a single statewide reimbursement rate for​
186181 6.14behavioral health home services under this section. The rate must be no less than $425 per​
187182 6.15member per month. The commissioner must adjust the statewide reimbursement rate annually​
188183 6.16according to the change from the midpoint of the previous rate year to the midpoint of the​
189184 6.17rate year for which the rate is being determined using the Centers for Medicare and Medicaid​
190185 6.18Services Medicare Economic Index as forecasted in the fourth quarter of the calendar year​
191186 6.19before the rate year.​
192187 6.20 (b) The commissioner must review and update the behavioral health home services rate​
193188 6.21under paragraph (a) at least every four years. The updated rate must account for the average​
194189 6.22hours required for behavioral health home team members spent providing services and the​
195190 6.23Department of Labor prevailing wage for required behavioral health home team members.​
196191 6.24The updated rate must ensure that behavioral health home services rates are sufficient to​
197192 6.25allow providers to meet required certifications, training, and practice transformation​
198193 6.26standards; staff qualification requirements; and service delivery standards.​
199194 6.27 (c) This section is effective January 1, 2028, or upon federal approval, whichever is​
200195 6.28later.​
201196 6.29 Sec. 4. [256B.757] REIMBURSEMENT RATES FOR OBSTETRIC AND​
202197 6.30GYNECOLOGIC SERVICES.​
203198 6.31 Subdivision 1.Obstetric and gynecologic minimum rate.Effective for services rendered​
204199 6.32on or after January 1, 2026, or the date of federal approval, whichever is later, rates for​
205200 6​Sec. 4.​
206-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 7.1obstetric and gynecologic services reimbursed under the resource-based relative value scale​
201+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 7.1obstetric and gynecologic services reimbursed under the resource-based relative value scale​
207202 7.2must be at least equal to 100 percent of the Medicare Physician Fee Schedule.​
208203 7.3 Subd. 2.Capitation payments.Effective for services rendered on or after January 1,​
209204 7.42026, or the date of federal approval, whichever is later, the commissioner shall increase​
210205 7.5capitation payments made to managed care plans and county-based purchasing plans to​
211206 7.6reflect the rate increases provided under this section. Managed care plans and county-based​
212207 7.7purchasing plans must use the capitation rate increase provided under this subdivision to​
213208 7.8increase payment rates to the providers corresponding to the rate increases. The commissioner​
214209 7.9must monitor the effect of this rate increase on enrollee access to services under this section.​
215210 7.10If for any contract year federal approval is not received for this subdivision, the commissioner​
216211 7.11must adjust the capitation rates paid to managed care plans and county-based purchasing​
217212 7.12plans for that contract year to reflect the removal of this subdivision. Contracts between​
218213 7.13managed care plans and county-based purchasing plans and providers to whom this​
219214 7.14subdivision applies must allow recovery of payments from those providers if capitation​
220215 7.15rates are adjusted in accordance with this subdivision. Payment recoveries must not exceed​
221216 7.16the amount equal to any increase in rates that results from this subdivision.​
222217 7.17 Subd. 3.Medicare physician fee schedule.For purposes of this section, the applicable​
223218 7.18Medicare Physician Fee Schedule is the most recent Medicare Physician Fee Schedule Final​
224219 7.19Rule issued by the Centers for Medicare and Medicaid Services in effect at the time the​
225220 7.20service was rendered.​
226221 7.21 EFFECTIVE DATE.Subdivision 3 is effective January 1, 2026, or upon federal​
227222 7.22approval, whichever is later. The commissioner shall notify the revisor of statutes when​
228223 7.23federal approval is obtained.​
229224 7.24 Sec. 5. Minnesota Statutes 2024, section 256B.76, subdivision 1, is amended to read:​
230225 7.25 Subdivision 1.Physician and professional services reimbursement.(a) Effective for​
231226 7.26services rendered on or after October 1, 1992, the commissioner shall make payments for​
232227 7.27physician services as follows:​
233228 7.28 (1) payment for level one Centers for Medicare and Medicaid Services' common​
234229 7.29procedural coding system codes titled "office and other outpatient services," "preventive​
235230 7.30medicine new and established patient," "delivery, antepartum, and postpartum care," "critical​
236231 7.31care," cesarean delivery and pharmacologic management provided to psychiatric patients,​
237232 7.32and level three codes for enhanced services for prenatal high risk, shall be paid at the lower​
238233 7.33of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992;​
239234 7​Sec. 5.​
240-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 8.1 (2) payments for all other services shall be paid at the lower of (i) submitted charges,​
235+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 8.1 (2) payments for all other services shall be paid at the lower of (i) submitted charges,​
241236 8.2or (ii) 15.4 percent above the rate in effect on June 30, 1992; and​
242237 8.3 (3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th​
243238 8.4percentile of 1989, less the percent in aggregate necessary to equal the above increases​
244239 8.5except that payment rates for home health agency services shall be the rates in effect on​
245240 8.6September 30, 1992.​
246241 8.7 (b) Effective for services rendered on or after January 1, 2000, payment rates for physician​
247242 8.8and professional services shall be increased by three percent over the rates in effect on​
248243 8.9December 31, 1999, except for home health agency and family planning agency services.​
249244 8.10The increases in this paragraph shall be implemented January 1, 2000, for managed care.​
250245 8.11 (c) Effective for services rendered on or after July 1, 2009, payment rates for physician​
251246 8.12and professional services shall be reduced by five percent, except that for the period July​
252247 8.131, 2009, through June 30, 2010, payment rates shall be reduced by 6.5 percent for the medical​
253248 8.14assistance and general assistance medical care programs, over the rates in effect on June​
254249 8.1530, 2009. This reduction and the reductions in paragraph (d) do not apply to office or other​
255250 8.16outpatient visits, preventive medicine visits and family planning visits billed by physicians,​
256251 8.17advanced practice registered nurses, or physician assistants in a family planning agency or​
257252 8.18in one of the following primary care practices: general practice, general internal medicine,​
258253 8.19general pediatrics, general geriatrics, and family medicine. This reduction and the reductions​
259254 8.20in paragraph (d) do not apply to federally qualified health centers, rural health centers, and​
260255 8.21Indian health services. Effective October 1, 2009, payments made to managed care plans​
261256 8.22and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall​
262257 8.23reflect the payment reduction described in this paragraph.​
263258 8.24 (d) Effective for services rendered on or after July 1, 2010, payment rates for physician​
264259 8.25and professional services shall be reduced an additional seven percent over the five percent​
265260 8.26reduction in rates described in paragraph (c). This additional reduction does not apply to​
266261 8.27physical therapy services, occupational therapy services, and speech pathology and related​
267262 8.28services provided on or after July 1, 2010. This additional reduction does not apply to​
268263 8.29physician services billed by a psychiatrist or an advanced practice registered nurse with a​
269264 8.30specialty in mental health. Effective October 1, 2010, payments made to managed care plans​
270265 8.31and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall​
271266 8.32reflect the payment reduction described in this paragraph.​
272267 8.33 (e) Effective for services rendered on or after September 1, 2011, through June 30, 2013,​
273268 8.34payment rates for physician and professional services shall be reduced three percent from​
274269 8​Sec. 5.​
275-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 9.1the rates in effect on August 31, 2011. This reduction does not apply to physical therapy​
270+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 9.1the rates in effect on August 31, 2011. This reduction does not apply to physical therapy​
276271 9.2services, occupational therapy services, and speech pathology and related services.​
277272 9.3 (f) Effective for services rendered on or after September 1, 2014, payment rates for​
278273 9.4physician and professional services, including physical therapy, occupational therapy, speech​
279274 9.5pathology, and mental health services shall be increased by five percent from the rates in​
280275 9.6effect on August 31, 2014. In calculating this rate increase, the commissioner shall not​
281276 9.7include in the base rate for August 31, 2014, the rate increase provided under section​
282277 9.8256B.76, subdivision 7. This increase does not apply to federally qualified health centers,​
283278 9.9rural health centers, and Indian health services. Payments made to managed care plans and​
284279 9.10county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.​
285280 9.11 (g) (a) Effective for services rendered on or after July 1, 2015, payment rates for physical​
286281 9.12therapy, occupational therapy, and speech pathology and related services provided by a​
287282 9.13hospital meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause​
288283 9.14(4), shall be increased by 90 percent from the rates in effect on June 30, 2015. Payments​
289284 9.15made to managed care plans and county-based purchasing plans shall not be adjusted to​
290285 9.16reflect payments under this paragraph.​
291286 9.17 (h) (b) Any ratables effective before July 1, 2015, do not apply to early intensive​
292287 9.18developmental and behavioral intervention (EIDBI) benefits described in section 256B.0949.​
293288 9.19 (i) (c) The commissioner may reimburse physicians and other licensed professionals for​
294289 9.20costs incurred to pay the fee for testing newborns who are medical assistance enrollees for​
295290 9.21heritable and congenital disorders under section 144.125, subdivision 1, paragraph (c), when​
296291 9.22the sample is collected outside of an inpatient hospital or freestanding birth center and the​
297292 9.23cost is not recognized by another payment source.​
298293 9.24 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval​
299294 9.25of the amendments in this act to section 256B.76, subdivision 6, whichever is later. The​
300295 9.26commissioner of human services shall notify the revisor of statutes when federal approval​
301296 9.27is obtained.​
302297 9.28 Sec. 6. Minnesota Statutes 2024, section 256B.76, subdivision 6, is amended to read:​
303298 9.29 Subd. 6.Medicare relative value units.(a) Effective for services rendered on or after​
304299 9.30January 1, 2007, the commissioner shall make payments for physician and professional​
305300 9.31services based on the Medicare relative value units (RVUs). This change shall be budget​
306301 9.32neutral and the cost of implementing RVUs will be incorporated in the established conversion​
307302 9.33factor. This paragraph expires on the date that paragraph (b) becomes effective.​
308303 9​Sec. 6.​
309-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 10.1 (b) Effective January 1, 2026, or upon federal approval, whichever is later, and effective​
304+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 10.1 (b) Effective January 1, 2026, or upon federal approval, whichever is later, and effective​
310305 10.2for services rendered on or after January 1, 2007, the commissioner shall make payments​
311306 10.3for physician and professional services based on the Medicare relative value units (RVUs).​
312307 10.4 (b) (c) Effective for services rendered on or after January 1, 2025, rates for mental health​
313308 10.5services reimbursed under the resource-based relative value scale (RBRVS) must be equal​
314309 10.6to 83 percent of the Medicare Physician Fee Schedule. This paragraph expires on the date​
315310 10.7that paragraph (d) becomes effective.​
316311 10.8 (d) Effective January 1, 2026, or upon federal approval, whichever is later, and effective​
317312 10.9for services rendered on or after January 1, 2026, or the date of federal approval, whichever​
318313 10.10is later, rates for all physician and professional services must be at least equal to 100 percent​
319314 10.11of the Medicare Physician Fee Schedule.​
320315 10.12 (c) (e) Effective for services rendered on or after January 1, 2025, the commissioner​
321316 10.13shall increase capitation payments made to managed care plans and county-based purchasing​
322317 10.14plans to reflect the rate increases provided under this subdivision. Managed care plans and​
323318 10.15county-based purchasing plans must use the capitation rate increase provided under this​
324319 10.16paragraph to increase payment rates to the providers corresponding to the rate increases.​
325320 10.17The commissioner must monitor the effect of this rate increase on enrollee access to services​
326321 10.18under this subdivision. If for any contract year federal approval is not received for this​
327322 10.19paragraph, the commissioner must adjust the capitation rates paid to managed care plans​
328323 10.20and county-based purchasing plans for that contract year to reflect the removal of this​
329324 10.21paragraph. Contracts between managed care plans and county-based purchasing plans and​
330325 10.22providers to whom this paragraph applies must allow recovery of payments from those​
331326 10.23providers if capitation rates are adjusted in accordance with this paragraph. Payment​
332327 10.24recoveries must not exceed the amount equal to any increase in rates that results from this​
333328 10.25paragraph.​
334329 10.26 (f) For purposes of this subdivision, the applicable Medicare Physician Fee Schedule is​
335330 10.27the most recent Medicare Physician Fee Schedule Final Rule issued by the Centers for​
336331 10.28Medicare and Medicaid Services in effect at the time the service was rendered.​
337332 10.29 EFFECTIVE DATE.Paragraph (f) is effective January 1, 2026, or upon federal​
338333 10.30approval, whichever is later. The commissioner of human services shall notify the revisor​
339334 10.31of statutes when federal approval is obtained.​
340335 10​Sec. 6.​
341-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 11.1 Sec. 7. Minnesota Statutes 2024, section 256B.761, is amended to read:​
336+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 11.1 Sec. 7. Minnesota Statutes 2024, section 256B.761, is amended to read:​
342337 11.2 256B.761 REIMBURSEMENT FOR MENTAL HEALTH SERVICES.​
343338 11.3 (a) Effective for services rendered on or after July 1, 2001, payment for medication​
344339 11.4management provided to psychiatric patients, outpatient mental health services, day treatment​
345340 11.5services, home-based mental health services, and family community support services shall​
346341 11.6be paid at the lower of (1) submitted charges, or (2) 75.6 percent of the 50th percentile of​
347342 11.71999 charges.​
348343 11.8 (b) Effective July 1, 2001, the medical assistance rates for outpatient mental health​
349344 11.9services provided by an entity that operates: (1) a Medicare-certified comprehensive​
350345 11.10outpatient rehabilitation facility; and (2) a facility that was certified prior to January 1, 1993,​
351346 11.11with at least 33 percent of the clients receiving rehabilitation services in the most recent​
352347 11.12calendar year who are medical assistance recipients, will be increased by 38 percent, when​
353348 11.13those services are provided within the comprehensive outpatient rehabilitation facility and​
354349 11.14provided to residents of nursing facilities owned by the entity.​
355350 11.15 (c) In addition to rate increases otherwise provided, the commissioner may restructure​
356351 11.16coverage policy and rates to improve access to adult rehabilitative mental health services​
357352 11.17under section 256B.0623 and related mental health support services under section 256B.021,​
358353 11.18subdivision 4, paragraph (f), clause (2). For state fiscal years 2015 and 2016, the projected​
359354 11.19state share of increased costs due to this paragraph is transferred from adult mental health​
360355 11.20grants under sections 245.4661 and 256K.10. The transfer for fiscal year 2016 is a permanent​
361356 11.21base adjustment for subsequent fiscal years. Payments made to managed care plans and​
362357 11.22county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect​
363358 11.23the rate changes described in this paragraph.​
364359 11.24 (d) Any ratables effective before July 1, 2015, do not apply to early intensive​
365360 11.25developmental and behavioral intervention (EIDBI) benefits described in section 256B.0949.​
366361 11.26 (e) Effective for services rendered on or after January 1, 2024, payment rates for​
367362 11.27behavioral health services included in the rate analysis required by Laws 2021, First Special​
368363 11.28Session chapter 7, article 17, section 18, except for adult day treatment services under section​
369364 11.29256B.0671, subdivision 3; early intensive developmental and behavioral intervention services​
370365 11.30under section 256B.0949; and substance use disorder services under chapter 254B, must be​
371366 11.31increased by three percent from the rates in effect on December 31, 2023. Effective for​
372367 11.32services rendered on or after January 1, 2025, payment rates for behavioral health services​
373368 11.33included in the rate analysis required by Laws 2021, First Special Session chapter 7, article​
374369 11.3417, section 18; early intensive developmental behavioral intervention services under section​
375370 11​Sec. 7.​
376-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 12.1256B.0949; and substance use disorder services under chapter 254B, must be annually​
371+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 12.1256B.0949; and substance use disorder services under chapter 254B, must be annually​
377372 12.2adjusted according to the change from the midpoint of the previous rate year to the midpoint​
378373 12.3of the rate year for which the rate is being determined using the Centers for Medicare and​
379374 12.4Medicaid Services Medicare Economic Index as forecasted in the fourth quarter of the​
380375 12.5calendar year before the rate year. For payments made in accordance with this paragraph,​
381376 12.6if and to the extent that the commissioner identifies that the state has received federal​
382377 12.7financial participation for behavioral health services in excess of the amount allowed under​
383378 12.8United States Code, title 42, section 447.321, the state shall repay the excess amount to the​
384379 12.9Centers for Medicare and Medicaid Services with state money and maintain the full payment​
385380 12.10rate under this paragraph. This paragraph does not apply to federally qualified health centers,​
386381 12.11rural health centers, Indian health services, certified community behavioral health clinics,​
387382 12.12cost-based rates, and rates that are negotiated with the county. This paragraph expires upon​
388383 12.13legislative implementation of the new rate methodology resulting from the rate analysis​
389384 12.14required by Laws 2021, First Special Session chapter 7, article 17, section 18.​
390385 12.15 (f) Effective January 1, 2024, the commissioner shall increase capitation payments made​
391386 12.16to managed care plans and county-based purchasing plans to reflect the behavioral health​
392387 12.17service rate increase provided in paragraph (e). Managed care and county-based purchasing​
393388 12.18plans must use the capitation rate increase provided under this paragraph to increase payment​
394389 12.19rates to behavioral health services providers. The commissioner must monitor the effect of​
395390 12.20this rate increase on enrollee access to behavioral health services. If for any contract year​
396391 12.21federal approval is not received for this paragraph, the commissioner must adjust the​
397392 12.22capitation rates paid to managed care plans and county-based purchasing plans for that​
398393 12.23contract year to reflect the removal of this provision. Contracts between managed care plans​
399394 12.24and county-based purchasing plans and providers to whom this paragraph applies must​
400395 12.25allow recovery of payments from those providers if capitation rates are adjusted in accordance​
401396 12.26with this paragraph. Payment recoveries must not exceed the amount equal to any increase​
402397 12.27in rates that results from this provision.​
403398 12.28 (g) Effective for services rendered on or after January 1, 2026, or the date of federal​
404399 12.29approval, whichever is later:​
405400 12.30 (1) rates for mental health services reimbursed under the resource-based relative value​
406401 12.31scale must be at least equal to 100 percent of the Medicare Physician Fee Schedule; and​
407402 12.32 (2) the commissioner must increase capitation payments made to managed care plans​
408403 12.33and county-based purchasing plans to reflect the rate increases provided under this paragraph.​
409404 12.34Managed care plans and county-based purchasing plans must use the capitation rate increase​
410405 12.35provided under this clause to increase payment rates to the providers corresponding to the​
411406 12​Sec. 7.​
412-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 13.1rate increases. The commissioner must monitor the effect of this rate increase on enrollee​
407+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 13.1rate increases. The commissioner must monitor the effect of this rate increase on enrollee​
413408 13.2access to services under this paragraph. If for any contract year federal approval is not​
414409 13.3received for this clause, the commissioner must adjust the capitation rates paid to managed​
415410 13.4care plans and county-based purchasing plans for that contract year to reflect the removal​
416411 13.5of this clause. Contracts between managed care plans and county-based purchasing plans​
417412 13.6and providers to whom this clause applies must allow recovery of payments from those​
418413 13.7providers if capitation rates are adjusted in accordance with this clause. Payment recoveries​
419414 13.8must not exceed the amount equal to any increase in rates that results from this clause.​
420415 13.9 (h) Effective for services under this section billed and coded under Healthcare Common​
421416 13.10Procedure Coding System H, T, and S, and rendered on or after January 1, 2027, or the date​
422417 13.11of federal approval, whichever is later, the commissioner must increase reimbursement rates​
423418 13.12as necessary to align with the Medicare Physician Fee Schedule.​
424419 13.13 (i) Effective for children's therapeutic supports and services under section 256B.0943,​
425420 13.14subdivision 2, and services under section 245.488, rendered on or after January 1, 2026, or​
426421 13.15the date of federal approval, whichever is later, the commissioner must increase:​
427422 13.16 (1) reimbursement rates as necessary to align with the Medicare Physician Fee Schedule;​
428423 13.17and​
429424 13.18 (2) capitation payments made to managed care plans and county-based purchasing plans​
430425 13.19to reflect the rate increases provided under this paragraph. Managed care plans and​
431426 13.20county-based purchasing plans must use the capitation rate increase provided under this​
432427 13.21clause to increase payment rates to the providers corresponding to the rate increases. The​
433428 13.22commissioner must monitor the effect of this rate increase on enrollee access to services​
434429 13.23under this paragraph. If for any contract year federal approval is not received for this clause,​
435430 13.24the commissioner must adjust the capitation rates paid to managed care plans and​
436431 13.25county-based purchasing plans for that contract year to reflect the removal of this clause.​
437432 13.26Contracts between managed care plans and county-based purchasing plans and providers​
438433 13.27to whom this clause applies must allow recovery of payments from those providers if​
439434 13.28capitation rates are adjusted in accordance with this clause. Payment recoveries must not​
440435 13.29exceed the amount equal to any increase in rates that results from this clause.​
441436 13.30 (j) Paragraph (i) does not apply to federally qualified health centers, rural health centers,​
442437 13.31Indian health services, certified community behavioral health clinics, cost-based rates,​
443438 13.32psychiatric residential treatment facilities, and children's residential services and rates that​
444439 13.33are negotiated with the county.​
445440 13​Sec. 7.​
446-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 14.1 (k) For behavioral health services included in the rate analysis required by Laws 2021,​
441+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 14.1 (k) For behavioral health services included in the rate analysis required by Laws 2021,​
447442 14.2First Special Session chapter 7, article 17, section 18, except for adult day treatment services​
448443 14.3under section 256B.0671, subdivision 3; early intensive developmental and behavioral​
449444 14.4intervention services under section 256B.0949; and substance use disorder services under​
450445 14.5chapter 254B, managed care plans and county-based purchasing plans must reimburse the​
451446 14.6providers at a rate that is at least equal to the fee-for-service payment rate. The commissioner​
452447 14.7must monitor the effect of this requirement on the rate of access to the services delivered​
453448 14.8by providers of behavioral health services.​
454449 14.9 (l) For purposes of this section, the applicable Medicare Physician Fee Schedule is the​
455450 14.10most recent Medicare Physician Fee Schedule Final Rule issued by the Centers for Medicare​
456451 14.11and Medicaid Services in effect at the time the service was rendered.​
457452 14.12 EFFECTIVE DATE.Paragraphs (j) to (l) are effective January 1, 2026, or upon federal​
458453 14.13approval, whichever is later. The commissioner shall notify the revisor of statutes when​
459454 14.14federal approval is obtained.​
460455 14.15Sec. 8. [256B.7662] REIMBURSEMENT RATES FOR PRIMARY CARE SERVICES.​
461456 14.16 Subdivision 1.Primary care minimum rate.Effective for services rendered on or after​
462457 14.17January 1, 2026, or the date of federal approval, whichever is later, rates for primary care​
463458 14.18services reimbursed under the resource-based relative value scale must be at least equal to​
464459 14.19100 percent of the Medicare Physician Fee Schedule.​
465460 14.20 Subd. 2.Capitation payments.Effective for services rendered on or after January 1,​
466461 14.212026, or the date of federal approval, whichever is later, the commissioner shall increase​
467462 14.22capitation payments made to managed care plans and county-based purchasing plans to​
468463 14.23reflect the rate increases provided under this section. Managed care plans and county-based​
469464 14.24purchasing plans must use the capitation rate increase provided under this subdivision to​
470465 14.25increase payment rates to the providers corresponding to the rate increases. The commissioner​
471466 14.26must monitor the effect of this rate increase on enrollee access to services under this section.​
472467 14.27If for any contract year federal approval is not received for this subdivision, the commissioner​
473468 14.28must adjust the capitation rates paid to managed care plans and county-based purchasing​
474469 14.29plans for that contract year to reflect the removal of this subdivision. Contracts between​
475470 14.30managed care plans and county-based purchasing plans and providers to whom this​
476471 14.31subdivision applies must allow recovery of payments from those providers if capitation​
477472 14.32rates are adjusted in accordance with this subdivision. Payment recoveries must not exceed​
478473 14.33the amount equal to any increase in rates that results from this subdivision.​
479474 14​Sec. 8.​
480-S1402-1 1st EngrossmentSF1402 REVISOR AGW​ 15.1 Subd. 3.Medicare physician fee schedule.For purposes of this section, the applicable​
475+25-02460 as introduced02/07/25 REVISOR AGW/VJ​ 15.1 Subd. 3.Medicare physician fee schedule.For purposes of this section, the applicable​
481476 15.2Medicare Physician Fee Schedule is the most recent Medicare Physician Fee Schedule Final​
482477 15.3Rule issued by the Centers for Medicare and Medicaid Services in effect at the time the​
483478 15.4service was rendered.​
484479 15.5 EFFECTIVE DATE.Subdivision 3 is effective January 1, 2026, or upon federal​
485480 15.6approval, whichever is later. The commissioner shall notify the revisor of statutes when​
486481 15.7federal approval is obtained.​
487-15.8 Sec. 9. [295.525] MCO ASSESSMENT ON HEALTH PLAN COMPANIES.​
488-15.9 Subdivision 1.Definitions.(a) For purposes of this section, the definitions have the​
489-15.10meanings given.​
490-15.11 (b) "Base year" means January 1, 2025, to December 31, 2025.​
491-15.12 (c) "Commissioner" means the commissioner of human services.​
492-15.13 (d) "Enrollee" has the meaning given in section 62Q.01, except that enrollee does not​
493-15.14include:​
494-15.15 (1) an individual enrolled in a Medicare plan;​
495-15.16 (2) a plan-to-plan enrollee; or​
496-15.17 (3) an individual enrolled in a health plan pursuant to the Federal Employees Health​
497-15.18Benefits Act of 1959, Public Law 86-382, as amended, to the extent the imposition of the​
498-15.19assessment under this section is preempted pursuant to United States Code, title 5, section​
499-15.208909, subsection (f).​
500-15.21 (e) "Health plan" has the meaning given in section 62Q.01.​
501-15.22 (f) "Health plan company" has the meaning given in section 62Q.01.​
502-15.23 (g) "Medical assistance" means the medical assistance program established under chapter​
503-15.24256B.​
504-15.25 (h) "Medical assistance enrollee" means an enrollee in medical assistance for whom the​
505-15.26department of human services directly pays the health plan company a capitated payment.​
506-15.27 (i) "Plan-to-plan enrollee" means an individual who receives coverage for health care​
507-15.28services through a health plan pursuant to a subcontract from another health plan.​
508-15.29 Subd. 2.MCO assessment.(a) An annual assessment is imposed on health plan​
509-15.30companies for calendar years 2026 to 2029. The total annual assessment amount is equal​
482+15.8 Sec. 9. REPEALER.​
483+15.9 Minnesota Statutes 2024, section 256B.0625, subdivision 38, is repealed.​
484+15.10 EFFECTIVE DATE.This section is effective January 1, 2027, or upon federal approval,​
485+15.11whichever is later. The commissioner of human services shall notify the revisor of statutes​
486+15.12when federal approval is obtained.​
510487 15​Sec. 9.​
511-S1402-1 1st Engrossment​SF1402 REVISOR AGW​ 16.1to the sum of the amounts assessed for medical assistance enrollees under paragraph (b)​
512-16.2and for nonmedical assistance enrollees under paragraph (c).​
513-16.3 (b) The amount assessed for medical assistance enrollees is equal to the sum of the​
514-16.4following:​
515-16.5 (1) for medical assistance enrollees 0 to 60,000, $0 per enrollee;​
516-16.6 (2) for medical assistance enrollees 60,001 to 100,000, $340 per enrollee;​
517-16.7 (3) for medical assistance enrollees 100,001 to 200,000, $365 per enrollee; and​
518-16.8 (4) for medical assistance enrollees 200,001 to 350,000, $380 per enrollee.​
519-16.9 (c) The amount assessed for nonmedical assistance enrollees is equal to the sum of the​
520-16.10following:​
521-16.11 (1) for nonmedical assistance enrollees 0 to 60,000, $0 per enrollee;​
522-16.12 (2) for nonmedical assistance enrollees 60,001 to 100,000, 50 cents per enrollee;​
523-16.13 (3) for nonmedical assistance enrollees 100,001 to 200,000, 75 cents per enrollee; and​
524-16.14 (4) for nonmedical assistance enrollees 200,001 to 350,000, $1 per enrollee.​
525-16.15 (d) The commissioner may, after consultation with health plan companies likely to be​
526-16.16affected, modify the rate of assessment, as set forth in paragraphs (a) to (c), as necessary to​
527-16.17comply with federal law, obtain or maintain a waiver under Code of Federal Regulations,​
528-16.18title 42, section 433.72, or to otherwise maximize under this section federal financial​
529-16.19participation for medical assistance.​
530-16.20 (e) Unpaid assessment amounts accrue interest at a rate of ten percent per annum,​
531-16.21beginning the day following the assessment payment's due date. A penalty, equal to the​
532-16.22total accrued interest charge, is imposed monthly on payments 60 days or more overdue​
533-16.23until the payment, penalty, and interest are paid in full.​
534-16.24 Subd. 3.Assessment computation; collection.(a) The commissioner must determine​
535-16.25the following for each health plan company:​
536-16.26 (1) total cumulative enrollment for the base year;​
537-16.27 (2) total Medicare cumulative enrollment for the base year;​
538-16.28 (3) total medical assistance cumulative enrollment for the base year;​
539-16.29 (4) total plan-to-plan cumulative enrollment for the base year;​
540-16​Sec. 9.​
541-S1402-1 1st Engrossment​SF1402 REVISOR AGW​ 17.1 (5) total cumulative enrollment through the Federal Employees Health Benefits Act of​
542-17.21959, Public Law 86-382, as amended, for the base year; and​
543-17.3 (6) total other cumulative enrollment for the base year that is not otherwise counted in​
544-17.4clauses (2) to (5).​
545-17.5 (b) Health plan companies must provide any information requested by the commissioner​
546-17.6for the purpose of this subdivision, provided that the commissioner determines such​
547-17.7information is necessary to accurately determine the information in paragraph (a).​
548-17.8 (c) The commissioner may correct errors in data provided to the commissioner by a​
549-17.9health plan company to the extent necessary to accurately determine the information in​
550-17.10paragraph (a).​
551-17.11 (d) For purposes of calculating the information in paragraph (a) for a health plan company,​
552-17.12the commissioner must count any individual that was an enrollee of a health plan at any​
553-17.13point of the base year, regardless of the enrollee's duration as an enrollee of the health plan.​
554-17.14 (e) The commissioner must use the information in paragraph (a) to compute the​
555-17.15assessment for each health plan company.​
556-17.16 (f) The commissioner must collect the annual assessment for each health plan company​
557-17.17in four equal installments, in the manner and on the schedule determined by the​
558-17.18commissioner. The commissioner is prohibited from collecting any amount under this section​
559-17.19until 20 days after the commissioner has notified the health plan company of:​
560-17.20 (1) the effective date of this section;​
561-17.21 (2) the assessment due dates for the applicable calendar year; and​
562-17.22 (3) the annual assessment amount.​
563-17.23 (g) The commissioner may waive all or part of the interest or penalty imposed on a​
564-17.24health plan company under subdivision 2, paragraph (e), if the commissioner determines​
565-17.25the interest or penalty is likely to create an undue financial hardship on the health plan​
566-17.26company or a significant financial difficulty in providing necessary services to medical​
567-17.27assistance enrollees. A waiver under this paragraph must be contingent on the health plan​
568-17.28company's agreement to make assessment payments on an alternative schedule, determined​
569-17.29by the commissioner, that accounts for the health plan company's finances and the potential​
570-17.30impact on the delivery of services to medical assistance enrollees.​
571-17.31 (h) In the event of a merger, acquisition, or other transaction that results in the transfer​
572-17.32of health plan responsibility to another health plan company or similar entity during calendar​
573-17​Sec. 9.​
574-S1402-1 1st Engrossment​SF1402 REVISOR AGW​ 18.1years 2026 to 2029, the surviving, acquiring, or controlling health plan company or similar​
575-18.2entity shall be responsible for paying the full assessment amount as provided in this section​
576-18.3that would have been the responsibility of the health plan company to which that full​
577-18.4assessment amount was assessed upon the effective date of the transaction. If a transaction​
578-18.5results in the transfer of health plan responsibility for only some of a health plan's enrollees​
579-18.6under this section but not all enrollees, the full assessment amount as provided in this section​
580-18.7remains the responsibility of that health plan company to which that full assessment amount​
581-18.8was assessed.​
582-18.9 Subd. 4.MCO assessment expenditures.(a) All amounts collected by the commissioner​
583-18.10under this section must be deposited in the health care access fund.​
584-18.11 (b) All amounts collected by the commissioner under this section are annually​
585-18.12appropriated to the commissioner to provide nonfederal funds for medical assistance. The​
586-18.13assessment funds must be used to supplement funds for medical assistance from the general​
587-18.14fund.​
588-18.15 (c) The commissioner must provide an annual report to all health plan companies, in a​
589-18.16time and manner determined by the commissioner. The report must identify the assessments​
590-18.17imposed on each health plan company pursuant to this section, account for all funds raised​
591-18.18by the MCO assessment, and provide an itemized accounting of expenditures from the fund.​
592-18.19 Subd. 5.Expiration.This section expires June 30, 2030.​
593-18.20 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval​
594-18.21for the assessment established in this section to be considered a permissible health​
595-18.22care-related tax under Code of Federal Regulations, title 42, section 433.68, eligible for​
596-18.23federal financial participation, including but not limited to federal approval of a waiver​
597-18.24under Code of Federal Regulations, title 42, section 433.72, if such waiver is necessary to​
598-18.25receive health care-related taxes without a reduction in federal financial participation,​
599-18.26whichever is later. The commissioner of human services shall notify the revisor of statutes​
600-18.27when federal approval is obtained.​
601-18.28Sec. 10. FEDERAL APPROVAL; WAIVERS.​
602-18.29 (a) The commissioner must request, as the commissioner determines necessary, federal​
603-18.30approval for the MCO assessment on health plan companies established in this act to be​
604-18.31considered a permissible health care-related tax under Code of Federal Regulations, title​
605-18.3242, section 433.68, eligible for federal financial participation.​
606-18​Sec. 10.​
607-S1402-1 1st Engrossment​SF1402 REVISOR AGW​ 19.1 (b) To obtain the federal approval under paragraph (a), the commissioner may apply for​
608-19.2a waiver of the federal broad-based requirement for health care-related taxes, uniform​
609-19.3requirement for health care-related taxes, and any other provision of federal law necessary​
610-19.4to implement Minnesota Statutes, section 295.525.​
611-19.5 EFFECTIVE DATE.This section is effective the day following final enactment.​
612-19.6 Sec. 11. REPEALER.​
613-19.7 Minnesota Statutes 2024, section 256B.0625, subdivision 38, is repealed.​
614-19.8 EFFECTIVE DATE.This section is effective January 1, 2027, or upon federal approval,​
615-19.9whichever is later. The commissioner of human services shall notify the revisor of statutes​
616-19.10when federal approval is obtained.​
617-19​Sec. 11.​
618-S1402-1 1st Engrossment​SF1402 REVISOR AGW​ 256B.0625 COVERED SERVICES.​
488+25-02460 as introduced​02/07/25 REVISOR AGW/VJ​ 256B.0625 COVERED SERVICES.​
619489 Subd. 38. Payments for mental health services.Payments for mental health services covered​
620490 under the medical assistance program that are provided by masters-prepared mental health​
621491 professionals shall be 80 percent of the rate paid to doctoral-prepared professionals. Payments for​
622492 mental health services covered under the medical assistance program that are provided by​
623493 masters-prepared mental health professionals employed by community mental health centers shall​
624494 be 100 percent of the rate paid to doctoral-prepared professionals. Payments for mental health​
625495 services covered under the medical assistance program that are provided by physician assistants​
626496 shall be 80.4 percent of the base rate paid to psychiatrists.​
627497 1R​
628498 APPENDIX​
629-Repealed Minnesota Statutes: S1402-1
499+Repealed Minnesota Statutes: 25-02460