5 | | - | 1.5 imposing an assessment on health plan companies to provide nonfederal funds for |
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6 | | - | 1.6 medical assistance; authorizing the commissioner of human services to seek federal |
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7 | | - | 1.7 waivers; amending Minnesota Statutes 2024, sections 256.969, subdivision 2b; |
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8 | | - | 1.8 256B.0757, subdivision 5, by adding a subdivision; 256B.76, subdivisions 1, 6; |
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9 | | - | 1.9 256B.761; proposing coding for new law in Minnesota Statutes, chapters 256B; |
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10 | | - | 1.10 295; repealing Minnesota Statutes 2024, section 256B.0625, subdivision 38. |
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11 | | - | 1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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12 | | - | 1.12 Section 1. Minnesota Statutes 2024, section 256.969, subdivision 2b, is amended to read: |
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13 | | - | 1.13 Subd. 2b.Hospital payment rates.(a) For discharges occurring on or after November |
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14 | | - | 1.141, 2014, hospital inpatient services for hospitals located in Minnesota shall be paid according |
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15 | | - | 1.15to the following: |
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16 | | - | 1.16 (1) critical access hospitals as defined by Medicare shall be paid using a cost-based |
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17 | | - | 1.17methodology; |
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18 | | - | 1.18 (2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology |
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19 | | - | 1.19under subdivision 25; |
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20 | | - | 1.20 (3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation |
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21 | | - | 1.21distinct parts as defined by Medicare shall be paid according to the methodology under |
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22 | | - | 1.22subdivision 12; and |
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23 | | - | 1.23 (4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology. |
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| 5 | + | 1.5 amending Minnesota Statutes 2024, sections 256.969, subdivision 2b; 256B.0757, |
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| 6 | + | 1.6 subdivision 5, by adding a subdivision; 256B.76, subdivisions 1, 6; 256B.761; |
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| 7 | + | 1.7 proposing coding for new law in Minnesota Statutes, chapter 256B; repealing |
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| 8 | + | 1.8 Minnesota Statutes 2024, section 256B.0625, subdivision 38. |
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| 9 | + | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 10 | + | 1.10 Section 1. Minnesota Statutes 2024, section 256.969, subdivision 2b, is amended to read: |
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| 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: |
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| 14 | + | 1.14 (1) critical access hospitals as defined by Medicare shall be paid using a cost-based |
---|
| 15 | + | 1.15methodology; |
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| 16 | + | 1.16 (2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology |
---|
| 17 | + | 1.17under subdivision 25; |
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| 18 | + | 1.18 (3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation |
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| 19 | + | 1.19distinct parts as defined by Medicare shall be paid according to the methodology under |
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| 20 | + | 1.20subdivision 12; and |
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| 21 | + | 1.21 (4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology. |
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| 22 | + | 1.22 (b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not |
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| 23 | + | 1.23be rebased, except that a Minnesota long-term hospital shall be rebased effective January |
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| 24 | + | 1.241, 2011, based on its most recent Medicare cost report ending on or before September 1, |
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31 | | - | Introduction and first reading38802/13/2025 |
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32 | | - | Referred to Health and Human Services |
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33 | | - | Authors added Abeler; Boldon57902/27/2025 |
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34 | | - | Comm report: To pass as amended and re-refer to Taxes03/03/2025 |
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35 | | - | Author stricken Lieske 2.1 (b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not |
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36 | | - | 2.2be rebased, except that a Minnesota long-term hospital shall be rebased effective January |
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37 | | - | 2.31, 2011, based on its most recent Medicare cost report ending on or before September 1, |
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38 | | - | 2.42008, with the provisions under subdivisions 9 and 23, based on the rates in effect on |
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39 | | - | 2.5December 31, 2010. For rate setting periods after November 1, 2014, in which the base |
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40 | | - | 2.6years are updated, a Minnesota long-term hospital's base year shall remain within the same |
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41 | | - | 2.7period as other hospitals. |
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42 | | - | 2.8 (c) Effective for discharges occurring on and after November 1, 2014, payment rates |
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43 | | - | 2.9for hospital inpatient services provided by hospitals located in Minnesota or the local trade |
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44 | | - | 2.10area, except for the hospitals paid under the methodologies described in paragraph (a), |
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45 | | - | 2.11clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a |
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46 | | - | 2.12manner similar to Medicare. The base year or years for the rates effective November 1, |
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47 | | - | 2.132014, shall be calendar year 2012. The rebasing under this paragraph shall be budget neutral, |
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48 | | - | 2.14ensuring that the total aggregate payments under the rebased system are equal to the total |
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49 | | - | 2.15aggregate payments that were made for the same number and types of services in the base |
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50 | | - | 2.16year. Separate budget neutrality calculations shall be determined for payments made to |
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51 | | - | 2.17critical access hospitals and payments made to hospitals paid under the DRG system. Only |
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52 | | - | 2.18the rate increases or decreases under subdivision 3a or 3c that applied to the hospitals being |
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53 | | - | 2.19rebased during the entire base period shall be incorporated into the budget neutrality |
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54 | | - | 2.20calculation. |
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55 | | - | 2.21 (d) For discharges occurring on or after November 1, 2014, through the next rebasing |
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56 | | - | 2.22that occurs, the rebased rates under paragraph (c) that apply to hospitals under paragraph |
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57 | | - | 2.23(a), clause (4), shall include adjustments to the projected rates that result in no greater than |
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58 | | - | 2.24a five percent increase or decrease from the base year payments for any hospital. Any |
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59 | | - | 2.25adjustments to the rates made by the commissioner under this paragraph and paragraph (e) |
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60 | | - | 2.26shall maintain budget neutrality as described in paragraph (c). |
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61 | | - | 2.27 (e) For discharges occurring on or after November 1, 2014, the commissioner may make |
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62 | | - | 2.28additional adjustments to the rebased rates, and when evaluating whether additional |
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63 | | - | 2.29adjustments should be made, the commissioner shall consider the impact of the rates on the |
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64 | | - | 2.30following: |
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65 | | - | 2.31 (1) pediatric services; |
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66 | | - | 2.32 (2) behavioral health services; |
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67 | | - | 2.33 (3) trauma services as defined by the National Uniform Billing Committee; |
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68 | | - | 2.34 (4) transplant services; |
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| 32 | + | Introduction and first reading02/13/2025 |
---|
| 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 |
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| 35 | + | 2.3years are updated, a Minnesota long-term hospital's base year shall remain within the same |
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| 36 | + | 2.4period as other hospitals. |
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| 37 | + | 2.5 (c) Effective for discharges occurring on and after November 1, 2014, payment rates |
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| 38 | + | 2.6for hospital inpatient services provided by hospitals located in Minnesota or the local trade |
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| 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 |
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| 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 |
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| 45 | + | 2.13year. Separate budget neutrality calculations shall be determined for payments made to |
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| 46 | + | 2.14critical access hospitals and payments made to hospitals paid under the DRG system. Only |
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| 47 | + | 2.15the rate increases or decreases under subdivision 3a or 3c that applied to the hospitals being |
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| 48 | + | 2.16rebased during the entire base period shall be incorporated into the budget neutrality |
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| 49 | + | 2.17calculation. |
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| 50 | + | 2.18 (d) For discharges occurring on or after November 1, 2014, through the next rebasing |
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| 51 | + | 2.19that occurs, the rebased rates under paragraph (c) that apply to hospitals under paragraph |
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| 52 | + | 2.20(a), clause (4), shall include adjustments to the projected rates that result in no greater than |
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| 53 | + | 2.21a five percent increase or decrease from the base year payments for any hospital. Any |
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| 54 | + | 2.22adjustments to the rates made by the commissioner under this paragraph and paragraph (e) |
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| 55 | + | 2.23shall maintain budget neutrality as described in paragraph (c). |
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| 56 | + | 2.24 (e) For discharges occurring on or after November 1, 2014, the commissioner may make |
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| 57 | + | 2.25additional adjustments to the rebased rates, and when evaluating whether additional |
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| 58 | + | 2.26adjustments should be made, the commissioner shall consider the impact of the rates on the |
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| 59 | + | 2.27following: |
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| 60 | + | 2.28 (1) pediatric services; |
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| 61 | + | 2.29 (2) behavioral health services; |
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| 62 | + | 2.30 (3) trauma services as defined by the National Uniform Billing Committee; |
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| 63 | + | 2.31 (4) transplant services; |
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| 64 | + | 2.32 (5) obstetric services, newborn services, and behavioral health services provided by |
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| 65 | + | 2.33hospitals outside the seven-county metropolitan area; |
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70 | | - | S1402-1 1st EngrossmentSF1402 REVISOR AGW 3.1 (5) obstetric services, newborn services, and behavioral health services provided by |
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71 | | - | 3.2hospitals outside the seven-county metropolitan area; |
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72 | | - | 3.3 (6) outlier admissions; |
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73 | | - | 3.4 (7) low-volume providers; and |
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74 | | - | 3.5 (8) services provided by small rural hospitals that are not critical access hospitals. |
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75 | | - | 3.6 (f) Hospital payment rates established under paragraph (c) must incorporate the following: |
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76 | | - | 3.7 (1) for hospitals paid under the DRG methodology, the base year payment rate per |
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77 | | - | 3.8admission is standardized by the applicable Medicare wage index and adjusted by the |
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78 | | - | 3.9hospital's disproportionate population adjustment; |
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79 | | - | 3.10 (2) for critical access hospitals, payment rates for discharges between November 1, 2014, |
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80 | | - | 3.11and June 30, 2015, shall be set to the same rate of payment that applied for discharges on |
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81 | | - | 3.12October 31, 2014; |
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82 | | - | 3.13 (3) the cost and charge data used to establish hospital payment rates must only reflect |
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83 | | - | 3.14inpatient services covered by medical assistance; and |
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84 | | - | 3.15 (4) in determining hospital payment rates for discharges occurring on or after the rate |
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85 | | - | 3.16year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per |
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86 | | - | 3.17discharge shall be based on the cost-finding methods and allowable costs of the Medicare |
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87 | | - | 3.18program in effect during the base year or years. In determining hospital payment rates for |
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88 | | - | 3.19discharges in subsequent base years, the per discharge rates shall be based on the cost-finding |
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89 | | - | 3.20methods and allowable costs of the Medicare program in effect during the base year or |
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90 | | - | 3.21years. |
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91 | | - | 3.22 (g) The commissioner shall validate the rates effective November 1, 2014, by applying |
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92 | | - | 3.23the rates established under paragraph (c), and any adjustments made to the rates under |
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93 | | - | 3.24paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine whether the |
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94 | | - | 3.25total aggregate payments for the same number and types of services under the rebased rates |
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95 | | - | 3.26are equal to the total aggregate payments made during calendar year 2013. |
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96 | | - | 3.27 (h) Effective for discharges occurring on or after July 1, 2017, and every two years |
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97 | | - | 3.28thereafter, payment rates under this section shall be rebased to reflect only those changes |
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98 | | - | 3.29in hospital costs between the existing base year or years and the next base year or years. In |
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99 | | - | 3.30any year that inpatient claims volume falls below the threshold required to ensure a |
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100 | | - | 3.31statistically valid sample of claims, the commissioner may combine claims data from two |
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101 | | - | 3.32consecutive years to serve as the base year. Years in which inpatient claims volume is |
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102 | | - | 3.33reduced or altered due to a pandemic or other public health emergency shall not be used as |
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| 67 | + | 25-02460 as introduced02/07/25 REVISOR AGW/VJ 3.1 (6) outlier admissions; |
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| 68 | + | 3.2 (7) low-volume providers; and |
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| 69 | + | 3.3 (8) services provided by small rural hospitals that are not critical access hospitals. |
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| 70 | + | 3.4 (f) Hospital payment rates established under paragraph (c) must incorporate the following: |
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| 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 |
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| 73 | + | 3.7hospital's disproportionate population adjustment; |
---|
| 74 | + | 3.8 (2) for critical access hospitals, payment rates for discharges between November 1, 2014, |
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| 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; |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 88 | + | 3.22paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine whether the |
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| 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. |
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| 91 | + | 3.25 (h) Effective for discharges occurring on or after July 1, 2017, and every two years |
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| 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 |
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| 98 | + | 3.32a base year or part of a base year if the base year includes more than one year. Changes in |
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| 99 | + | 3.33costs between base years shall be measured using the lower of the hospital cost index defined |
---|
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 |
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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 |
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108 | | - | 4.5the most recent year or years for which filed Medicare cost reports are available, except |
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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 |
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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 |
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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 |
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127 | | - | 4.24following criteria: |
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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 |
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| 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: |
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| 133 | + | 4.33 (1) the ratio between the hospital's costs for treating medical assistance patients and the |
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| 134 | + | 4.34hospital's charges to the medical assistance program; |
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139 | | - | S1402-1 1st EngrossmentSF1402 REVISOR AGW 5.1 (1) the ratio between the hospital's costs for treating medical assistance patients and the |
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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 |
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171 | | - | 5.33must not exceed the amount equal to any increase in rates that results from this paragraph. |
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| 136 | + | 25-02460 as introduced02/07/25 REVISOR AGW/VJ 5.1 (2) the ratio between the hospital's costs for treating medical assistance patients and the |
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| 137 | + | 5.2hospital's payments received from the medical assistance program for the care of medical |
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| 138 | + | 5.3assistance patients; |
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| 139 | + | 5.4 (3) the ratio between the hospital's charges to the medical assistance program and the |
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| 140 | + | 5.5hospital's payments received from the medical assistance program for the care of medical |
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| 141 | + | 5.6assistance patients; |
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| 142 | + | 5.7 (4) the statewide average increases in the ratios identified in clauses (1), (2), and (3); |
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| 143 | + | 5.8 (5) the proportion of that hospital's costs that are administrative and trends in |
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| 144 | + | 5.9administrative costs; and |
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| 145 | + | 5.10 (6) geographic location. |
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| 146 | + | 5.11 (k) Subject to subdivision 2g, effective for discharges occurring on or after January 1, |
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| 147 | + | 5.122024, the rates paid to hospitals described in paragraph (a), clauses (2) to (4), must include |
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| 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). |
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| 150 | + | 5.15 (l) Effective for discharges occurring on or after January 1, 2028, the commissioner |
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| 151 | + | 5.16must increase: |
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| 152 | + | 5.17 (1) payments for inpatient behavioral health services provided by hospitals paid under |
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| 153 | + | 5.18the DRG methodology by increasing the adjustment for behavioral health services under |
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| 154 | + | 5.19section 256.969, subdivision 2b, paragraph (e); and |
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| 155 | + | 5.20 (2) capitation payments made to managed care plans and county-based purchasing plans |
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| 156 | + | 5.21to reflect the rate increase provided under this paragraph. Managed care and county-based |
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| 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 |
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| 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 |
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| 163 | + | 5.28of this clause. Contracts between managed care plans and county-based purchasing plans |
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| 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. |
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174 | 169 | | 6.2 Subd. 5.Payments.(a) The commissioner shall make payments to each designated |
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175 | 170 | | 6.3provider for the provision of health home services described in subdivision 3 to each eligible |
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176 | 171 | | 6.4individual under subdivision 2 that selects the health home as a provider. This paragraph |
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177 | 172 | | 6.5expires on the date that paragraph (b) becomes effective. |
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178 | 173 | | 6.6 (b) Effective January 1, 2028, or upon federal approval, whichever is later, the |
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179 | 174 | | 6.7commissioner shall make payments to each designated provider for the provision of health |
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180 | 175 | | 6.8home services described in subdivision 3, except for behavioral health services, to each |
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181 | 176 | | 6.9eligible individual under subdivision 2 who selects the health home as a provider. |
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182 | 177 | | 6.10 Sec. 3. Minnesota Statutes 2024, section 256B.0757, is amended by adding a subdivision |
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183 | 178 | | 6.11to read: |
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184 | 179 | | 6.12 Subd. 5a.Payments for behavioral health home services.(a) Notwithstanding |
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185 | 180 | | 6.13subdivision 5, the commissioner must implement a single statewide reimbursement rate for |
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186 | 181 | | 6.14behavioral health home services under this section. The rate must be no less than $425 per |
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187 | 182 | | 6.15member per month. The commissioner must adjust the statewide reimbursement rate annually |
---|
188 | 183 | | 6.16according to the change from the midpoint of the previous rate year to the midpoint of the |
---|
189 | 184 | | 6.17rate year for which the rate is being determined using the Centers for Medicare and Medicaid |
---|
190 | 185 | | 6.18Services Medicare Economic Index as forecasted in the fourth quarter of the calendar year |
---|
191 | 186 | | 6.19before the rate year. |
---|
192 | 187 | | 6.20 (b) The commissioner must review and update the behavioral health home services rate |
---|
193 | 188 | | 6.21under paragraph (a) at least every four years. The updated rate must account for the average |
---|
194 | 189 | | 6.22hours required for behavioral health home team members spent providing services and the |
---|
195 | 190 | | 6.23Department of Labor prevailing wage for required behavioral health home team members. |
---|
196 | 191 | | 6.24The updated rate must ensure that behavioral health home services rates are sufficient to |
---|
197 | 192 | | 6.25allow providers to meet required certifications, training, and practice transformation |
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198 | 193 | | 6.26standards; staff qualification requirements; and service delivery standards. |
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199 | 194 | | 6.27 (c) This section is effective January 1, 2028, or upon federal approval, whichever is |
---|
200 | 195 | | 6.28later. |
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201 | 196 | | 6.29 Sec. 4. [256B.757] REIMBURSEMENT RATES FOR OBSTETRIC AND |
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202 | 197 | | 6.30GYNECOLOGIC SERVICES. |
---|
203 | 198 | | 6.31 Subdivision 1.Obstetric and gynecologic minimum rate.Effective for services rendered |
---|
204 | 199 | | 6.32on or after January 1, 2026, or the date of federal approval, whichever is later, rates for |
---|
205 | 200 | | 6Sec. 4. |
---|
207 | 202 | | 7.2must be at least equal to 100 percent of the Medicare Physician Fee Schedule. |
---|
208 | 203 | | 7.3 Subd. 2.Capitation payments.Effective for services rendered on or after January 1, |
---|
209 | 204 | | 7.42026, or the date of federal approval, whichever is later, the commissioner shall increase |
---|
210 | 205 | | 7.5capitation payments made to managed care plans and county-based purchasing plans to |
---|
211 | 206 | | 7.6reflect the rate increases provided under this section. Managed care plans and county-based |
---|
212 | 207 | | 7.7purchasing plans must use the capitation rate increase provided under this subdivision to |
---|
213 | 208 | | 7.8increase payment rates to the providers corresponding to the rate increases. The commissioner |
---|
214 | 209 | | 7.9must monitor the effect of this rate increase on enrollee access to services under this section. |
---|
215 | 210 | | 7.10If for any contract year federal approval is not received for this subdivision, the commissioner |
---|
216 | 211 | | 7.11must adjust the capitation rates paid to managed care plans and county-based purchasing |
---|
217 | 212 | | 7.12plans for that contract year to reflect the removal of this subdivision. Contracts between |
---|
218 | 213 | | 7.13managed care plans and county-based purchasing plans and providers to whom this |
---|
219 | 214 | | 7.14subdivision applies must allow recovery of payments from those providers if capitation |
---|
220 | 215 | | 7.15rates are adjusted in accordance with this subdivision. Payment recoveries must not exceed |
---|
221 | 216 | | 7.16the amount equal to any increase in rates that results from this subdivision. |
---|
222 | 217 | | 7.17 Subd. 3.Medicare physician fee schedule.For purposes of this section, the applicable |
---|
223 | 218 | | 7.18Medicare Physician Fee Schedule is the most recent Medicare Physician Fee Schedule Final |
---|
224 | 219 | | 7.19Rule issued by the Centers for Medicare and Medicaid Services in effect at the time the |
---|
225 | 220 | | 7.20service was rendered. |
---|
226 | 221 | | 7.21 EFFECTIVE DATE.Subdivision 3 is effective January 1, 2026, or upon federal |
---|
227 | 222 | | 7.22approval, whichever is later. The commissioner shall notify the revisor of statutes when |
---|
228 | 223 | | 7.23federal approval is obtained. |
---|
229 | 224 | | 7.24 Sec. 5. Minnesota Statutes 2024, section 256B.76, subdivision 1, is amended to read: |
---|
230 | 225 | | 7.25 Subdivision 1.Physician and professional services reimbursement.(a) Effective for |
---|
231 | 226 | | 7.26services rendered on or after October 1, 1992, the commissioner shall make payments for |
---|
232 | 227 | | 7.27physician services as follows: |
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233 | 228 | | 7.28 (1) payment for level one Centers for Medicare and Medicaid Services' common |
---|
234 | 229 | | 7.29procedural coding system codes titled "office and other outpatient services," "preventive |
---|
235 | 230 | | 7.30medicine new and established patient," "delivery, antepartum, and postpartum care," "critical |
---|
236 | 231 | | 7.31care," cesarean delivery and pharmacologic management provided to psychiatric patients, |
---|
237 | 232 | | 7.32and level three codes for enhanced services for prenatal high risk, shall be paid at the lower |
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238 | 233 | | 7.33of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992; |
---|
239 | 234 | | 7Sec. 5. |
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241 | 236 | | 8.2or (ii) 15.4 percent above the rate in effect on June 30, 1992; and |
---|
242 | 237 | | 8.3 (3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th |
---|
243 | 238 | | 8.4percentile of 1989, less the percent in aggregate necessary to equal the above increases |
---|
244 | 239 | | 8.5except that payment rates for home health agency services shall be the rates in effect on |
---|
245 | 240 | | 8.6September 30, 1992. |
---|
246 | 241 | | 8.7 (b) Effective for services rendered on or after January 1, 2000, payment rates for physician |
---|
247 | 242 | | 8.8and professional services shall be increased by three percent over the rates in effect on |
---|
248 | 243 | | 8.9December 31, 1999, except for home health agency and family planning agency services. |
---|
249 | 244 | | 8.10The increases in this paragraph shall be implemented January 1, 2000, for managed care. |
---|
250 | 245 | | 8.11 (c) Effective for services rendered on or after July 1, 2009, payment rates for physician |
---|
251 | 246 | | 8.12and professional services shall be reduced by five percent, except that for the period July |
---|
252 | 247 | | 8.131, 2009, through June 30, 2010, payment rates shall be reduced by 6.5 percent for the medical |
---|
253 | 248 | | 8.14assistance and general assistance medical care programs, over the rates in effect on June |
---|
254 | 249 | | 8.1530, 2009. This reduction and the reductions in paragraph (d) do not apply to office or other |
---|
255 | 250 | | 8.16outpatient visits, preventive medicine visits and family planning visits billed by physicians, |
---|
256 | 251 | | 8.17advanced practice registered nurses, or physician assistants in a family planning agency or |
---|
257 | 252 | | 8.18in one of the following primary care practices: general practice, general internal medicine, |
---|
258 | 253 | | 8.19general pediatrics, general geriatrics, and family medicine. This reduction and the reductions |
---|
259 | 254 | | 8.20in paragraph (d) do not apply to federally qualified health centers, rural health centers, and |
---|
260 | 255 | | 8.21Indian health services. Effective October 1, 2009, payments made to managed care plans |
---|
261 | 256 | | 8.22and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall |
---|
262 | 257 | | 8.23reflect the payment reduction described in this paragraph. |
---|
263 | 258 | | 8.24 (d) Effective for services rendered on or after July 1, 2010, payment rates for physician |
---|
264 | 259 | | 8.25and professional services shall be reduced an additional seven percent over the five percent |
---|
265 | 260 | | 8.26reduction in rates described in paragraph (c). This additional reduction does not apply to |
---|
266 | 261 | | 8.27physical therapy services, occupational therapy services, and speech pathology and related |
---|
267 | 262 | | 8.28services provided on or after July 1, 2010. This additional reduction does not apply to |
---|
268 | 263 | | 8.29physician services billed by a psychiatrist or an advanced practice registered nurse with a |
---|
269 | 264 | | 8.30specialty in mental health. Effective October 1, 2010, payments made to managed care plans |
---|
270 | 265 | | 8.31and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall |
---|
271 | 266 | | 8.32reflect the payment reduction described in this paragraph. |
---|
272 | 267 | | 8.33 (e) Effective for services rendered on or after September 1, 2011, through June 30, 2013, |
---|
273 | 268 | | 8.34payment rates for physician and professional services shall be reduced three percent from |
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274 | 269 | | 8Sec. 5. |
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276 | 271 | | 9.2services, occupational therapy services, and speech pathology and related services. |
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277 | 272 | | 9.3 (f) Effective for services rendered on or after September 1, 2014, payment rates for |
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278 | 273 | | 9.4physician and professional services, including physical therapy, occupational therapy, speech |
---|
279 | 274 | | 9.5pathology, and mental health services shall be increased by five percent from the rates in |
---|
280 | 275 | | 9.6effect on August 31, 2014. In calculating this rate increase, the commissioner shall not |
---|
281 | 276 | | 9.7include in the base rate for August 31, 2014, the rate increase provided under section |
---|
282 | 277 | | 9.8256B.76, subdivision 7. This increase does not apply to federally qualified health centers, |
---|
283 | 278 | | 9.9rural health centers, and Indian health services. Payments made to managed care plans and |
---|
284 | 279 | | 9.10county-based purchasing plans shall not be adjusted to reflect payments under this paragraph. |
---|
285 | 280 | | 9.11 (g) (a) Effective for services rendered on or after July 1, 2015, payment rates for physical |
---|
286 | 281 | | 9.12therapy, occupational therapy, and speech pathology and related services provided by a |
---|
287 | 282 | | 9.13hospital meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause |
---|
288 | 283 | | 9.14(4), shall be increased by 90 percent from the rates in effect on June 30, 2015. Payments |
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289 | 284 | | 9.15made to managed care plans and county-based purchasing plans shall not be adjusted to |
---|
290 | 285 | | 9.16reflect payments under this paragraph. |
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291 | 286 | | 9.17 (h) (b) Any ratables effective before July 1, 2015, do not apply to early intensive |
---|
292 | 287 | | 9.18developmental and behavioral intervention (EIDBI) benefits described in section 256B.0949. |
---|
293 | 288 | | 9.19 (i) (c) The commissioner may reimburse physicians and other licensed professionals for |
---|
294 | 289 | | 9.20costs incurred to pay the fee for testing newborns who are medical assistance enrollees for |
---|
295 | 290 | | 9.21heritable and congenital disorders under section 144.125, subdivision 1, paragraph (c), when |
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296 | 291 | | 9.22the sample is collected outside of an inpatient hospital or freestanding birth center and the |
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297 | 292 | | 9.23cost is not recognized by another payment source. |
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298 | 293 | | 9.24 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval |
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299 | 294 | | 9.25of the amendments in this act to section 256B.76, subdivision 6, whichever is later. The |
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300 | 295 | | 9.26commissioner of human services shall notify the revisor of statutes when federal approval |
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301 | 296 | | 9.27is obtained. |
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302 | 297 | | 9.28 Sec. 6. Minnesota Statutes 2024, section 256B.76, subdivision 6, is amended to read: |
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303 | 298 | | 9.29 Subd. 6.Medicare relative value units.(a) Effective for services rendered on or after |
---|
304 | 299 | | 9.30January 1, 2007, the commissioner shall make payments for physician and professional |
---|
305 | 300 | | 9.31services based on the Medicare relative value units (RVUs). This change shall be budget |
---|
306 | 301 | | 9.32neutral and the cost of implementing RVUs will be incorporated in the established conversion |
---|
307 | 302 | | 9.33factor. This paragraph expires on the date that paragraph (b) becomes effective. |
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308 | 303 | | 9Sec. 6. |
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310 | 305 | | 10.2for services rendered on or after January 1, 2007, the commissioner shall make payments |
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311 | 306 | | 10.3for physician and professional services based on the Medicare relative value units (RVUs). |
---|
312 | 307 | | 10.4 (b) (c) Effective for services rendered on or after January 1, 2025, rates for mental health |
---|
313 | 308 | | 10.5services reimbursed under the resource-based relative value scale (RBRVS) must be equal |
---|
314 | 309 | | 10.6to 83 percent of the Medicare Physician Fee Schedule. This paragraph expires on the date |
---|
315 | 310 | | 10.7that paragraph (d) becomes effective. |
---|
316 | 311 | | 10.8 (d) Effective January 1, 2026, or upon federal approval, whichever is later, and effective |
---|
317 | 312 | | 10.9for services rendered on or after January 1, 2026, or the date of federal approval, whichever |
---|
318 | 313 | | 10.10is later, rates for all physician and professional services must be at least equal to 100 percent |
---|
319 | 314 | | 10.11of the Medicare Physician Fee Schedule. |
---|
320 | 315 | | 10.12 (c) (e) Effective for services rendered on or after January 1, 2025, the commissioner |
---|
321 | 316 | | 10.13shall increase capitation payments made to managed care plans and county-based purchasing |
---|
322 | 317 | | 10.14plans to reflect the rate increases provided under this subdivision. Managed care plans and |
---|
323 | 318 | | 10.15county-based purchasing plans must use the capitation rate increase provided under this |
---|
324 | 319 | | 10.16paragraph to increase payment rates to the providers corresponding to the rate increases. |
---|
325 | 320 | | 10.17The commissioner must monitor the effect of this rate increase on enrollee access to services |
---|
326 | 321 | | 10.18under this subdivision. If for any contract year federal approval is not received for this |
---|
327 | 322 | | 10.19paragraph, the commissioner must adjust the capitation rates paid to managed care plans |
---|
328 | 323 | | 10.20and county-based purchasing plans for that contract year to reflect the removal of this |
---|
329 | 324 | | 10.21paragraph. Contracts between managed care plans and county-based purchasing plans and |
---|
330 | 325 | | 10.22providers to whom this paragraph applies must allow recovery of payments from those |
---|
331 | 326 | | 10.23providers if capitation rates are adjusted in accordance with this paragraph. Payment |
---|
332 | 327 | | 10.24recoveries must not exceed the amount equal to any increase in rates that results from this |
---|
333 | 328 | | 10.25paragraph. |
---|
334 | 329 | | 10.26 (f) For purposes of this subdivision, the applicable Medicare Physician Fee Schedule is |
---|
335 | 330 | | 10.27the most recent Medicare Physician Fee Schedule Final Rule issued by the Centers for |
---|
336 | 331 | | 10.28Medicare and Medicaid Services in effect at the time the service was rendered. |
---|
337 | 332 | | 10.29 EFFECTIVE DATE.Paragraph (f) is effective January 1, 2026, or upon federal |
---|
338 | 333 | | 10.30approval, whichever is later. The commissioner of human services shall notify the revisor |
---|
339 | 334 | | 10.31of statutes when federal approval is obtained. |
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340 | 335 | | 10Sec. 6. |
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342 | 337 | | 11.2 256B.761 REIMBURSEMENT FOR MENTAL HEALTH SERVICES. |
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343 | 338 | | 11.3 (a) Effective for services rendered on or after July 1, 2001, payment for medication |
---|
344 | 339 | | 11.4management provided to psychiatric patients, outpatient mental health services, day treatment |
---|
345 | 340 | | 11.5services, home-based mental health services, and family community support services shall |
---|
346 | 341 | | 11.6be paid at the lower of (1) submitted charges, or (2) 75.6 percent of the 50th percentile of |
---|
347 | 342 | | 11.71999 charges. |
---|
348 | 343 | | 11.8 (b) Effective July 1, 2001, the medical assistance rates for outpatient mental health |
---|
349 | 344 | | 11.9services provided by an entity that operates: (1) a Medicare-certified comprehensive |
---|
350 | 345 | | 11.10outpatient rehabilitation facility; and (2) a facility that was certified prior to January 1, 1993, |
---|
351 | 346 | | 11.11with at least 33 percent of the clients receiving rehabilitation services in the most recent |
---|
352 | 347 | | 11.12calendar year who are medical assistance recipients, will be increased by 38 percent, when |
---|
353 | 348 | | 11.13those services are provided within the comprehensive outpatient rehabilitation facility and |
---|
354 | 349 | | 11.14provided to residents of nursing facilities owned by the entity. |
---|
355 | 350 | | 11.15 (c) In addition to rate increases otherwise provided, the commissioner may restructure |
---|
356 | 351 | | 11.16coverage policy and rates to improve access to adult rehabilitative mental health services |
---|
357 | 352 | | 11.17under section 256B.0623 and related mental health support services under section 256B.021, |
---|
358 | 353 | | 11.18subdivision 4, paragraph (f), clause (2). For state fiscal years 2015 and 2016, the projected |
---|
359 | 354 | | 11.19state share of increased costs due to this paragraph is transferred from adult mental health |
---|
360 | 355 | | 11.20grants under sections 245.4661 and 256K.10. The transfer for fiscal year 2016 is a permanent |
---|
361 | 356 | | 11.21base adjustment for subsequent fiscal years. Payments made to managed care plans and |
---|
362 | 357 | | 11.22county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect |
---|
363 | 358 | | 11.23the rate changes described in this paragraph. |
---|
364 | 359 | | 11.24 (d) Any ratables effective before July 1, 2015, do not apply to early intensive |
---|
365 | 360 | | 11.25developmental and behavioral intervention (EIDBI) benefits described in section 256B.0949. |
---|
366 | 361 | | 11.26 (e) Effective for services rendered on or after January 1, 2024, payment rates for |
---|
367 | 362 | | 11.27behavioral health services included in the rate analysis required by Laws 2021, First Special |
---|
368 | 363 | | 11.28Session chapter 7, article 17, section 18, except for adult day treatment services under section |
---|
369 | 364 | | 11.29256B.0671, subdivision 3; early intensive developmental and behavioral intervention services |
---|
370 | 365 | | 11.30under section 256B.0949; and substance use disorder services under chapter 254B, must be |
---|
371 | 366 | | 11.31increased by three percent from the rates in effect on December 31, 2023. Effective for |
---|
372 | 367 | | 11.32services rendered on or after January 1, 2025, payment rates for behavioral health services |
---|
373 | 368 | | 11.33included in the rate analysis required by Laws 2021, First Special Session chapter 7, article |
---|
374 | 369 | | 11.3417, section 18; early intensive developmental behavioral intervention services under section |
---|
375 | 370 | | 11Sec. 7. |
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377 | 372 | | 12.2adjusted according to the change from the midpoint of the previous rate year to the midpoint |
---|
378 | 373 | | 12.3of the rate year for which the rate is being determined using the Centers for Medicare and |
---|
379 | 374 | | 12.4Medicaid Services Medicare Economic Index as forecasted in the fourth quarter of the |
---|
380 | 375 | | 12.5calendar year before the rate year. For payments made in accordance with this paragraph, |
---|
381 | 376 | | 12.6if and to the extent that the commissioner identifies that the state has received federal |
---|
382 | 377 | | 12.7financial participation for behavioral health services in excess of the amount allowed under |
---|
383 | 378 | | 12.8United States Code, title 42, section 447.321, the state shall repay the excess amount to the |
---|
384 | 379 | | 12.9Centers for Medicare and Medicaid Services with state money and maintain the full payment |
---|
385 | 380 | | 12.10rate under this paragraph. This paragraph does not apply to federally qualified health centers, |
---|
386 | 381 | | 12.11rural health centers, Indian health services, certified community behavioral health clinics, |
---|
387 | 382 | | 12.12cost-based rates, and rates that are negotiated with the county. This paragraph expires upon |
---|
388 | 383 | | 12.13legislative implementation of the new rate methodology resulting from the rate analysis |
---|
389 | 384 | | 12.14required by Laws 2021, First Special Session chapter 7, article 17, section 18. |
---|
390 | 385 | | 12.15 (f) Effective January 1, 2024, the commissioner shall increase capitation payments made |
---|
391 | 386 | | 12.16to managed care plans and county-based purchasing plans to reflect the behavioral health |
---|
392 | 387 | | 12.17service rate increase provided in paragraph (e). Managed care and county-based purchasing |
---|
393 | 388 | | 12.18plans must use the capitation rate increase provided under this paragraph to increase payment |
---|
394 | 389 | | 12.19rates to behavioral health services providers. The commissioner must monitor the effect of |
---|
395 | 390 | | 12.20this rate increase on enrollee access to behavioral health services. If for any contract year |
---|
396 | 391 | | 12.21federal approval is not received for this paragraph, the commissioner must adjust the |
---|
397 | 392 | | 12.22capitation rates paid to managed care plans and county-based purchasing plans for that |
---|
398 | 393 | | 12.23contract year to reflect the removal of this provision. Contracts between managed care plans |
---|
399 | 394 | | 12.24and county-based purchasing plans and providers to whom this paragraph applies must |
---|
400 | 395 | | 12.25allow recovery of payments from those providers if capitation rates are adjusted in accordance |
---|
401 | 396 | | 12.26with this paragraph. Payment recoveries must not exceed the amount equal to any increase |
---|
402 | 397 | | 12.27in rates that results from this provision. |
---|
403 | 398 | | 12.28 (g) Effective for services rendered on or after January 1, 2026, or the date of federal |
---|
404 | 399 | | 12.29approval, whichever is later: |
---|
405 | 400 | | 12.30 (1) rates for mental health services reimbursed under the resource-based relative value |
---|
406 | 401 | | 12.31scale must be at least equal to 100 percent of the Medicare Physician Fee Schedule; and |
---|
407 | 402 | | 12.32 (2) the commissioner must increase capitation payments made to managed care plans |
---|
408 | 403 | | 12.33and county-based purchasing plans to reflect the rate increases provided under this paragraph. |
---|
409 | 404 | | 12.34Managed care plans and county-based purchasing plans must use the capitation rate increase |
---|
410 | 405 | | 12.35provided under this clause to increase payment rates to the providers corresponding to the |
---|
411 | 406 | | 12Sec. 7. |
---|
413 | 408 | | 13.2access to services under this paragraph. If for any contract year federal approval is not |
---|
414 | 409 | | 13.3received for this clause, the commissioner must adjust the capitation rates paid to managed |
---|
415 | 410 | | 13.4care plans and county-based purchasing plans for that contract year to reflect the removal |
---|
416 | 411 | | 13.5of this clause. Contracts between managed care plans and county-based purchasing plans |
---|
417 | 412 | | 13.6and providers to whom this clause applies must allow recovery of payments from those |
---|
418 | 413 | | 13.7providers if capitation rates are adjusted in accordance with this clause. Payment recoveries |
---|
419 | 414 | | 13.8must not exceed the amount equal to any increase in rates that results from this clause. |
---|
420 | 415 | | 13.9 (h) Effective for services under this section billed and coded under Healthcare Common |
---|
421 | 416 | | 13.10Procedure Coding System H, T, and S, and rendered on or after January 1, 2027, or the date |
---|
422 | 417 | | 13.11of federal approval, whichever is later, the commissioner must increase reimbursement rates |
---|
423 | 418 | | 13.12as necessary to align with the Medicare Physician Fee Schedule. |
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424 | 419 | | 13.13 (i) Effective for children's therapeutic supports and services under section 256B.0943, |
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425 | 420 | | 13.14subdivision 2, and services under section 245.488, rendered on or after January 1, 2026, or |
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426 | 421 | | 13.15the date of federal approval, whichever is later, the commissioner must increase: |
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427 | 422 | | 13.16 (1) reimbursement rates as necessary to align with the Medicare Physician Fee Schedule; |
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428 | 423 | | 13.17and |
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429 | 424 | | 13.18 (2) capitation payments made to managed care plans and county-based purchasing plans |
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430 | 425 | | 13.19to reflect the rate increases provided under this paragraph. Managed care plans and |
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431 | 426 | | 13.20county-based purchasing plans must use the capitation rate increase provided under this |
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432 | 427 | | 13.21clause to increase payment rates to the providers corresponding to the rate increases. The |
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433 | 428 | | 13.22commissioner must monitor the effect of this rate increase on enrollee access to services |
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434 | 429 | | 13.23under this paragraph. If for any contract year federal approval is not received for this clause, |
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435 | 430 | | 13.24the commissioner must adjust the capitation rates paid to managed care plans and |
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436 | 431 | | 13.25county-based purchasing plans for that contract year to reflect the removal of this clause. |
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437 | 432 | | 13.26Contracts between managed care plans and county-based purchasing plans and providers |
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438 | 433 | | 13.27to whom this clause applies must allow recovery of payments from those providers if |
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439 | 434 | | 13.28capitation rates are adjusted in accordance with this clause. Payment recoveries must not |
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440 | 435 | | 13.29exceed the amount equal to any increase in rates that results from this clause. |
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441 | 436 | | 13.30 (j) Paragraph (i) does not apply to federally qualified health centers, rural health centers, |
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442 | 437 | | 13.31Indian health services, certified community behavioral health clinics, cost-based rates, |
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443 | 438 | | 13.32psychiatric residential treatment facilities, and children's residential services and rates that |
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444 | 439 | | 13.33are negotiated with the county. |
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445 | 440 | | 13Sec. 7. |
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447 | 442 | | 14.2First Special Session chapter 7, article 17, section 18, except for adult day treatment services |
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448 | 443 | | 14.3under section 256B.0671, subdivision 3; early intensive developmental and behavioral |
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449 | 444 | | 14.4intervention services under section 256B.0949; and substance use disorder services under |
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450 | 445 | | 14.5chapter 254B, managed care plans and county-based purchasing plans must reimburse the |
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451 | 446 | | 14.6providers at a rate that is at least equal to the fee-for-service payment rate. The commissioner |
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452 | 447 | | 14.7must monitor the effect of this requirement on the rate of access to the services delivered |
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453 | 448 | | 14.8by providers of behavioral health services. |
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454 | 449 | | 14.9 (l) For purposes of this section, the applicable Medicare Physician Fee Schedule is the |
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455 | 450 | | 14.10most recent Medicare Physician Fee Schedule Final Rule issued by the Centers for Medicare |
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456 | 451 | | 14.11and Medicaid Services in effect at the time the service was rendered. |
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457 | 452 | | 14.12 EFFECTIVE DATE.Paragraphs (j) to (l) are effective January 1, 2026, or upon federal |
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458 | 453 | | 14.13approval, whichever is later. The commissioner shall notify the revisor of statutes when |
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459 | 454 | | 14.14federal approval is obtained. |
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460 | 455 | | 14.15Sec. 8. [256B.7662] REIMBURSEMENT RATES FOR PRIMARY CARE SERVICES. |
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461 | 456 | | 14.16 Subdivision 1.Primary care minimum rate.Effective for services rendered on or after |
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462 | 457 | | 14.17January 1, 2026, or the date of federal approval, whichever is later, rates for primary care |
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463 | 458 | | 14.18services reimbursed under the resource-based relative value scale must be at least equal to |
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464 | 459 | | 14.19100 percent of the Medicare Physician Fee Schedule. |
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465 | 460 | | 14.20 Subd. 2.Capitation payments.Effective for services rendered on or after January 1, |
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466 | 461 | | 14.212026, or the date of federal approval, whichever is later, the commissioner shall increase |
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467 | 462 | | 14.22capitation payments made to managed care plans and county-based purchasing plans to |
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468 | 463 | | 14.23reflect the rate increases provided under this section. Managed care plans and county-based |
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469 | 464 | | 14.24purchasing plans must use the capitation rate increase provided under this subdivision to |
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470 | 465 | | 14.25increase payment rates to the providers corresponding to the rate increases. The commissioner |
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471 | 466 | | 14.26must monitor the effect of this rate increase on enrollee access to services under this section. |
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472 | 467 | | 14.27If for any contract year federal approval is not received for this subdivision, the commissioner |
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473 | 468 | | 14.28must adjust the capitation rates paid to managed care plans and county-based purchasing |
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474 | 469 | | 14.29plans for that contract year to reflect the removal of this subdivision. Contracts between |
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475 | 470 | | 14.30managed care plans and county-based purchasing plans and providers to whom this |
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476 | 471 | | 14.31subdivision applies must allow recovery of payments from those providers if capitation |
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477 | 472 | | 14.32rates are adjusted in accordance with this subdivision. Payment recoveries must not exceed |
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478 | 473 | | 14.33the amount equal to any increase in rates that results from this subdivision. |
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479 | 474 | | 14Sec. 8. |
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487 | | - | 15.8 Sec. 9. [295.525] MCO ASSESSMENT ON HEALTH PLAN COMPANIES. |
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488 | | - | 15.9 Subdivision 1.Definitions.(a) For purposes of this section, the definitions have the |
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489 | | - | 15.10meanings given. |
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490 | | - | 15.11 (b) "Base year" means January 1, 2025, to December 31, 2025. |
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491 | | - | 15.12 (c) "Commissioner" means the commissioner of human services. |
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492 | | - | 15.13 (d) "Enrollee" has the meaning given in section 62Q.01, except that enrollee does not |
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493 | | - | 15.14include: |
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494 | | - | 15.15 (1) an individual enrolled in a Medicare plan; |
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495 | | - | 15.16 (2) a plan-to-plan enrollee; or |
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496 | | - | 15.17 (3) an individual enrolled in a health plan pursuant to the Federal Employees Health |
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497 | | - | 15.18Benefits Act of 1959, Public Law 86-382, as amended, to the extent the imposition of the |
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498 | | - | 15.19assessment under this section is preempted pursuant to United States Code, title 5, section |
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499 | | - | 15.208909, subsection (f). |
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500 | | - | 15.21 (e) "Health plan" has the meaning given in section 62Q.01. |
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501 | | - | 15.22 (f) "Health plan company" has the meaning given in section 62Q.01. |
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502 | | - | 15.23 (g) "Medical assistance" means the medical assistance program established under chapter |
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503 | | - | 15.24256B. |
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504 | | - | 15.25 (h) "Medical assistance enrollee" means an enrollee in medical assistance for whom the |
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505 | | - | 15.26department of human services directly pays the health plan company a capitated payment. |
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506 | | - | 15.27 (i) "Plan-to-plan enrollee" means an individual who receives coverage for health care |
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507 | | - | 15.28services through a health plan pursuant to a subcontract from another health plan. |
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508 | | - | 15.29 Subd. 2.MCO assessment.(a) An annual assessment is imposed on health plan |
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509 | | - | 15.30companies for calendar years 2026 to 2029. The total annual assessment amount is equal |
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| 482 | + | 15.8 Sec. 9. REPEALER. |
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| 483 | + | 15.9 Minnesota Statutes 2024, section 256B.0625, subdivision 38, is repealed. |
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| 484 | + | 15.10 EFFECTIVE DATE.This section is effective January 1, 2027, or upon federal approval, |
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| 485 | + | 15.11whichever is later. The commissioner of human services shall notify the revisor of statutes |
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| 486 | + | 15.12when federal approval is obtained. |
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511 | | - | S1402-1 1st EngrossmentSF1402 REVISOR AGW 16.1to the sum of the amounts assessed for medical assistance enrollees under paragraph (b) |
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512 | | - | 16.2and for nonmedical assistance enrollees under paragraph (c). |
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513 | | - | 16.3 (b) The amount assessed for medical assistance enrollees is equal to the sum of the |
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514 | | - | 16.4following: |
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515 | | - | 16.5 (1) for medical assistance enrollees 0 to 60,000, $0 per enrollee; |
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516 | | - | 16.6 (2) for medical assistance enrollees 60,001 to 100,000, $340 per enrollee; |
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517 | | - | 16.7 (3) for medical assistance enrollees 100,001 to 200,000, $365 per enrollee; and |
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518 | | - | 16.8 (4) for medical assistance enrollees 200,001 to 350,000, $380 per enrollee. |
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519 | | - | 16.9 (c) The amount assessed for nonmedical assistance enrollees is equal to the sum of the |
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520 | | - | 16.10following: |
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521 | | - | 16.11 (1) for nonmedical assistance enrollees 0 to 60,000, $0 per enrollee; |
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522 | | - | 16.12 (2) for nonmedical assistance enrollees 60,001 to 100,000, 50 cents per enrollee; |
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523 | | - | 16.13 (3) for nonmedical assistance enrollees 100,001 to 200,000, 75 cents per enrollee; and |
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524 | | - | 16.14 (4) for nonmedical assistance enrollees 200,001 to 350,000, $1 per enrollee. |
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525 | | - | 16.15 (d) The commissioner may, after consultation with health plan companies likely to be |
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526 | | - | 16.16affected, modify the rate of assessment, as set forth in paragraphs (a) to (c), as necessary to |
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527 | | - | 16.17comply with federal law, obtain or maintain a waiver under Code of Federal Regulations, |
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528 | | - | 16.18title 42, section 433.72, or to otherwise maximize under this section federal financial |
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529 | | - | 16.19participation for medical assistance. |
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530 | | - | 16.20 (e) Unpaid assessment amounts accrue interest at a rate of ten percent per annum, |
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531 | | - | 16.21beginning the day following the assessment payment's due date. A penalty, equal to the |
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532 | | - | 16.22total accrued interest charge, is imposed monthly on payments 60 days or more overdue |
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533 | | - | 16.23until the payment, penalty, and interest are paid in full. |
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534 | | - | 16.24 Subd. 3.Assessment computation; collection.(a) The commissioner must determine |
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535 | | - | 16.25the following for each health plan company: |
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536 | | - | 16.26 (1) total cumulative enrollment for the base year; |
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537 | | - | 16.27 (2) total Medicare cumulative enrollment for the base year; |
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538 | | - | 16.28 (3) total medical assistance cumulative enrollment for the base year; |
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539 | | - | 16.29 (4) total plan-to-plan cumulative enrollment for the base year; |
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540 | | - | 16Sec. 9. |
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541 | | - | S1402-1 1st EngrossmentSF1402 REVISOR AGW 17.1 (5) total cumulative enrollment through the Federal Employees Health Benefits Act of |
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542 | | - | 17.21959, Public Law 86-382, as amended, for the base year; and |
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543 | | - | 17.3 (6) total other cumulative enrollment for the base year that is not otherwise counted in |
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544 | | - | 17.4clauses (2) to (5). |
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545 | | - | 17.5 (b) Health plan companies must provide any information requested by the commissioner |
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546 | | - | 17.6for the purpose of this subdivision, provided that the commissioner determines such |
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547 | | - | 17.7information is necessary to accurately determine the information in paragraph (a). |
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548 | | - | 17.8 (c) The commissioner may correct errors in data provided to the commissioner by a |
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549 | | - | 17.9health plan company to the extent necessary to accurately determine the information in |
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550 | | - | 17.10paragraph (a). |
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551 | | - | 17.11 (d) For purposes of calculating the information in paragraph (a) for a health plan company, |
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552 | | - | 17.12the commissioner must count any individual that was an enrollee of a health plan at any |
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553 | | - | 17.13point of the base year, regardless of the enrollee's duration as an enrollee of the health plan. |
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554 | | - | 17.14 (e) The commissioner must use the information in paragraph (a) to compute the |
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555 | | - | 17.15assessment for each health plan company. |
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556 | | - | 17.16 (f) The commissioner must collect the annual assessment for each health plan company |
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557 | | - | 17.17in four equal installments, in the manner and on the schedule determined by the |
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558 | | - | 17.18commissioner. The commissioner is prohibited from collecting any amount under this section |
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559 | | - | 17.19until 20 days after the commissioner has notified the health plan company of: |
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560 | | - | 17.20 (1) the effective date of this section; |
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561 | | - | 17.21 (2) the assessment due dates for the applicable calendar year; and |
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562 | | - | 17.22 (3) the annual assessment amount. |
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563 | | - | 17.23 (g) The commissioner may waive all or part of the interest or penalty imposed on a |
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564 | | - | 17.24health plan company under subdivision 2, paragraph (e), if the commissioner determines |
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565 | | - | 17.25the interest or penalty is likely to create an undue financial hardship on the health plan |
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566 | | - | 17.26company or a significant financial difficulty in providing necessary services to medical |
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567 | | - | 17.27assistance enrollees. A waiver under this paragraph must be contingent on the health plan |
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568 | | - | 17.28company's agreement to make assessment payments on an alternative schedule, determined |
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569 | | - | 17.29by the commissioner, that accounts for the health plan company's finances and the potential |
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570 | | - | 17.30impact on the delivery of services to medical assistance enrollees. |
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571 | | - | 17.31 (h) In the event of a merger, acquisition, or other transaction that results in the transfer |
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572 | | - | 17.32of health plan responsibility to another health plan company or similar entity during calendar |
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573 | | - | 17Sec. 9. |
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574 | | - | S1402-1 1st EngrossmentSF1402 REVISOR AGW 18.1years 2026 to 2029, the surviving, acquiring, or controlling health plan company or similar |
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575 | | - | 18.2entity shall be responsible for paying the full assessment amount as provided in this section |
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576 | | - | 18.3that would have been the responsibility of the health plan company to which that full |
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577 | | - | 18.4assessment amount was assessed upon the effective date of the transaction. If a transaction |
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578 | | - | 18.5results in the transfer of health plan responsibility for only some of a health plan's enrollees |
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579 | | - | 18.6under this section but not all enrollees, the full assessment amount as provided in this section |
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580 | | - | 18.7remains the responsibility of that health plan company to which that full assessment amount |
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581 | | - | 18.8was assessed. |
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582 | | - | 18.9 Subd. 4.MCO assessment expenditures.(a) All amounts collected by the commissioner |
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583 | | - | 18.10under this section must be deposited in the health care access fund. |
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584 | | - | 18.11 (b) All amounts collected by the commissioner under this section are annually |
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585 | | - | 18.12appropriated to the commissioner to provide nonfederal funds for medical assistance. The |
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586 | | - | 18.13assessment funds must be used to supplement funds for medical assistance from the general |
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587 | | - | 18.14fund. |
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588 | | - | 18.15 (c) The commissioner must provide an annual report to all health plan companies, in a |
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589 | | - | 18.16time and manner determined by the commissioner. The report must identify the assessments |
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590 | | - | 18.17imposed on each health plan company pursuant to this section, account for all funds raised |
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591 | | - | 18.18by the MCO assessment, and provide an itemized accounting of expenditures from the fund. |
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592 | | - | 18.19 Subd. 5.Expiration.This section expires June 30, 2030. |
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593 | | - | 18.20 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval |
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594 | | - | 18.21for the assessment established in this section to be considered a permissible health |
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595 | | - | 18.22care-related tax under Code of Federal Regulations, title 42, section 433.68, eligible for |
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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 |
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598 | | - | 18.25receive health care-related taxes without a reduction in federal financial participation, |
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599 | | - | 18.26whichever is later. The commissioner of human services shall notify the revisor of statutes |
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600 | | - | 18.27when federal approval is obtained. |
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601 | | - | 18.28Sec. 10. FEDERAL APPROVAL; WAIVERS. |
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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 |
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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. |
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606 | | - | 18Sec. 10. |
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607 | | - | S1402-1 1st EngrossmentSF1402 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. |
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611 | | - | 19.5 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
612 | | - | 19.6 Sec. 11. REPEALER. |
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613 | | - | 19.7 Minnesota Statutes 2024, section 256B.0625, subdivision 38, is repealed. |
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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. |
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617 | | - | 19Sec. 11. |
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618 | | - | S1402-1 1st EngrossmentSF1402 REVISOR AGW 256B.0625 COVERED SERVICES. |
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| 488 | + | 25-02460 as introduced02/07/25 REVISOR AGW/VJ 256B.0625 COVERED SERVICES. |
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