Journal of the House - 41st Day - Monday, April 22, 2013

Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen

A quorum was present.

Barrett was excused until 2:10 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3664

REPORTS OF CHIEF CLERK

S. F. No. 324 and H. F. No. 441, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Hilstrom moved that S. F. No. 324 be substituted for H. F. No. 441 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 422 and H. F. No. 704, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Hilstrom moved that S. F. No. 422 be substituted for H. F. No. 704 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 683 and H. F. No. 817, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Myhra moved that S. F. No. 683 be substituted for H. F. No. 817 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 834 and H. F. No. 440, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Hilstrom moved that S. F. No. 834 be substituted for H. F. No. 440 and that the House File be indefinitely postponed. The motion prevailed.

SECOND READING OF SENATE BILLS

S. F. Nos. 324, 422, 683 and 834 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Woodard; Erickson, S.; Johnson, B.; Dean, M.; Hoppe and Kresha introduced:

H. F. No. 1793, A bill for an act relating to education finance; prohibiting unfunded mandates; proposing coding for new law in Minnesota Statutes, chapter 126C.

The bill was read for the first time and referred to the Committee on Education Policy.

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3665

Dehn, R., and Kahn introduced:

H. F. No. 1794, A bill for an act relating to liquor; modifying food service requirements in Minneapolis and St. Paul.

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

Bernardy, Erhardt, Sawatzky, Abeler and Atkins introduced:

H. F. No. 1795, A bill for an act relating to transportation; providing for disability parking for vehicles bearing special World War II veteran plates; amending Minnesota Statutes 2012, sections 169.345, subdivisions 1, 2; 169.346, subdivision 1.

The bill was read for the first time and referred to the Committee on Transportation Policy.

Erhardt introduced:

H. F. No. 1796, A bill for an act relating to public safety; traffic regulations; modifying speed limits in work zones; amending Minnesota Statutes 2012, section 169.14, subdivision 5d.

The bill was read for the first time and referred to the Committee on Transportation Policy.

McNamar introduced:

H. F. No. 1797, A bill for an act relating to human services; providing an increase to nursing facility rates; amending Minnesota Statutes 2012, section 256B.434, subdivision 19; Laws 2008, chapter 363, article 18, section 3, subdivision 6.

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

Kiel introduced:

H. F. No. 1798, A bill for an act relating to capital investment; appropriating money for the University of Minnesota, Crookston wellness center; authorizing the sale and issuance of state bonds.

The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy.

Metsa introduced:

H. F. No. 1799, A bill for an act relating to workers' compensation; adopting recommendations of the Workers' Compensation Advisory Council; amending Minnesota Statutes 2012, sections 176.011, subdivisions 15, 16; 176.081, subdivisions 1, 7; 176.101, subdivision 1; 176.102, subdivisions 5, 10; 176.106, subdivision 3; 176.136, subdivision 1b; 176.191, subdivision 3; 176.645; 176.83, subdivision 5.

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3666

Kahn introduced:

H. F. No. 1800, A bill for an act relating to pensions; adjusting benefits for certain former members of a local salaried police and fire relief association; amending Minnesota Statutes 2012, section 353A.08, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Government Operations.

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 523 and 1307.

JoAnne M. Zoff, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 523, A bill for an act relating to employment; limiting reliance on criminal history for employment purposes; providing for remedies; amending Minnesota Statutes 2012, sections 181.53; 181.981, subdivision 1; 364.021; 364.06; 364.09; 364.10.

The bill was read for the first time.

Mahoney moved that S. F. No. 523 and H. F. No. 690, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1307, A bill for an act relating to human rights; changing provisions for certain certificates of compliance; amending Minnesota Statutes 2012, sections 363A.36, subdivision 1; 363A.37; repealing Minnesota Rules, part 5000.3560, subparts 2, 3.

The bill was read for the first time.

Schoen moved that S. F. No. 1307 and H. F. No. 1182, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

Murphy, E., moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3667

CALENDAR FOR THE DAY

H. F. No. 1233 was reported to the House.

Morgan moved to amend H. F. No. 1233, the second engrossment, as follows:

Page 157, delete section 3 and insert:

"Sec. 3. Minnesota Statutes 2012, section 256.969, subdivision 3a, is amended to read:

Subd. 3a. Payments. (a) Acute care hospital billings under the medical assistance program must not be submitted until the recipient is discharged. However, the commissioner shall establish monthly interim payments for inpatient hospitals that have individual patient lengths of stay over 30 days regardless of diagnostic category. Except as provided in section 256.9693, medical assistance reimbursement for treatment of mental illness shall be reimbursed based on diagnostic classifications. Individual hospital payments established under this section and sections 256.9685, 256.9686, and 256.9695, in addition to third-party and recipient liability, for discharges occurring during the rate year shall not exceed, in aggregate, the charges for the medical assistance covered inpatient services paid for the same period of time to the hospital. This payment limitation shall be calculated separately for medical assistance and general assistance medical care services. The limitation on general assistance medical care shall be effective for admissions occurring on or after July 1, 1991. Services that have rates established under subdivision 11 or 12, must be limited separately from other services. After consulting with the affected hospitals, the commissioner may consider related hospitals one entity and may merge the payment rates while maintaining separate provider numbers. The operating and property base rates per admission or per day shall be derived from the best Medicare and claims data available when rates are established. The commissioner shall determine the best Medicare and claims data, taking into consideration variables of recency of the data, audit disposition, settlement status, and the ability to set rates in a timely manner. The commissioner shall notify hospitals of payment rates by December 1 of the year preceding the rate year. The rate setting data must reflect the admissions data used to establish relative values. Base year changes from 1981 to the base year established for the rate year beginning January 1, 1991, and for subsequent rate years, shall not be limited to the limits ending June 30, 1987, on the maximum rate of increase under subdivision 1. The commissioner may adjust base year cost, relative value, and case mix index data to exclude the costs of services that have been discontinued by the October 1 of the year preceding the rate year or that are paid separately from inpatient services. Inpatient stays that encompass portions of two or more rate years shall have payments established based on payment rates in effect at the time of admission unless the date of admission preceded the rate year in effect by six months or more. In this case, operating payment rates for services rendered during the rate year in effect and established based on the date of admission shall be adjusted to the rate year in effect by the hospital cost index.

(b) For fee-for-service admissions occurring on or after July 1, 2002, the total payment, before third-party liability and spenddown, made to hospitals for inpatient services is reduced by .5 percent from the current statutory rates.

(c) In addition to the reduction in paragraph (b), the total payment for fee-for-service admissions occurring on or after July 1, 2003, made to hospitals for inpatient services before third-party liability and spenddown, is reduced five percent from the current statutory rates. Mental health services within diagnosis related groups 424 to 432, and facilities defined under subdivision 16 are excluded from this paragraph.

(d) In addition to the reduction in paragraphs (b) and (c), the total payment for fee-for-service admissions occurring on or after August 1, 2005, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 6.0 percent from the current statutory rates. Mental health services within diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph. ~~Notwithstanding~~

~~Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3668~~

section 256.9686, subdivision 7, for purposes of this paragraph, medical assistance does not include general assistance medical care. Payments made to managed care plans shall be reduced for services provided on or after January 1, 2006, to reflect this reduction.

(e) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2008, through June 30, 2009, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 3.46 percent from the current statutory rates. Mental health services with diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be reduced for services provided on or after January 1, 2009, through June 30, 2009, to reflect this reduction.

(f) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2009, through June 30, 2011, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.9 percent from the current statutory rates. Mental health services with diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be reduced for services provided on or after July 1, 2009, through June 30, 2011, to reflect this reduction.

(g) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2011, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.79 percent from the current statutory rates. Mental health services with diagnosis related groups 424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be reduced for services provided on or after July 1, 2011, to reflect this reduction.

(h) In addition to the reductions in paragraphs (b), (c), (d), (f), and (g), the total payment for fee-for-service admissions occurring on or after July 1, 2009, made to hospitals for inpatient services before third-party liability and spenddown, is reduced one percent from the current statutory rates. Facilities defined under subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be reduced for services provided on or after October 1, 2009, to reflect this reduction.

(i) In addition to the reductions in paragraphs (b), (c), (d), (g), and (h), the total payment for fee-for-service admissions occurring on or after July 1, 2011, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.96 percent from the current statutory rates. Facilities defined under subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be reduced for services provided on or after January 1, 2011, to reflect this reduction.

(j) In order to offset the rateable reductions provided for in this subdivision, the total payment rate for medical assistance admissions for non-government-owned hospitals occurring on or after July 1, 2013, made to Minnesota hospitals for inpatient services before third-party liability and spenddown, shall be increased by a dollar amount equivalent to 30 percent from the current statutory rates, but the funds available shall be further distributed as follows:

(1) 25 percent of available funding under this paragraph shall be for an across the board inpatient services rate increase;

(2) nine percent of available funding under this paragraph shall be to increase the medical assistance rates paid for services at Minnesota non-government-owned hospitals above the 85th percentile for patient days for patients under 18 years of age in calendar year 2012 of all Minnesota private, nonprofit hospitals;

(3) two percent of available funding under this paragraph shall be to increase the rates paid for medical assistance admissions occurring on or after July 1, 2013, at Minnesota non-government-owned hospitals above the 90th percentile for patient days for patients under 18 years of age in calendar year 2011 of all Minnesota private, nonprofit hospitals for diagnosis-related groups 453 to 517, 533 to 541, 906, and 956;

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3669

(4) 14 percent of available funding under this paragraph shall be to increase the medical assistance rates paid for inpatient mental health and chemical dependency treatment services under section 256.969, subdivision 21;

(5) 14 percent of available funding under this paragraph shall be to increase the medical assistance rates paid for inpatient birth and delivery services under section 256.969, subdivision 30;

(6) two percent of available funding shall be to increase the rates paid to critical access hospitals, as designated under section 144.1483, clause (9);

(7) 33 percent of available funding under this paragraph shall be to increase the medical assistance inpatient rates paid for services on or after July 1, 2013, at Minnesota non-government-owned hospitals determined to have experienced the most significant losses of federal Medicare funding in 2013; and

(8) one percent of available funding under this paragraph shall be to increase the medical assistance rates paid for services occurring on or after July 1, 2013, at Minnesota non-government-owned hospitals verified by the American College of Surgeons as Level I trauma centers.

The commissioner shall not adjust rates paid to a prepaid health plan under contract with the commissioner to reflect payments provided in this paragraph. The commissioner shall adjust rates and payments in excess of the Medicare upper limits on payments according to section 256.9685, subdivision 2.

EFFECTIVE DATE. This section is effective July 1, 2013."

McNamar moved to amend the Morgan amendment to H. F. No. 1233, the second engrossment, as follows:

Page 4, after line 26, insert:

"Page 185, after line 5, insert:

"Sec. 3. Minnesota Statutes 2012, section 256.9657, subdivision 1, is amended to read:

Subdivision 1. Nursing home license surcharge. (a) Effective July 1, 1993, each non-state-operated nursing home licensed under chapter 144A shall pay to the commissioner an annual surcharge according to the schedule in subdivision 4. The surcharge shall be calculated as $620 per licensed bed. If the number of licensed beds is reduced, the surcharge shall be based on the number of remaining licensed beds the second month following the receipt of timely notice by the commissioner of human services that beds have been delicensed. The nursing home must notify the commissioner of health in writing when beds are delicensed. The commissioner of health must notify the commissioner of human services within ten working days after receiving written notification. If the notification is received by the commissioner of human services by the 15th of the month, the invoice for the second following month must be reduced to recognize the delicensing of beds. Beds on layaway status continue to be subject to the surcharge. The commissioner of human services must acknowledge a medical care surcharge appeal within 30 days of receipt of the written appeal from the provider.

(b) Effective July 1, 1994, the surcharge in paragraph (a) shall be increased to $625.

(d) Effective July 15, 2003, the surcharge under paragraph (c) shall be increased to $2,815.

(e) Effective July 15, 2015, the surcharge under paragraph (d) shall be decreased to $2,375.

~~Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3670~~

~~(e)~~ (f) The commissioner may reduce, and may subsequently restore, the surcharge under paragraph ~~(d)~~ (e) based on the commissioner's determination of a permissible surcharge.

~~(f)~~ (g) Between ~~April 1, 2002, and August 15, 2004~~ July 1, 2015, and June 30, 2016, a facility governed by this subdivision may elect to assume full participation in the medical assistance program by agreeing to comply with all of the requirements of the medical assistance program, including the rate equalization law in section 256B.48, subdivision 1, paragraph (a), and all other requirements established in law or rule, and to begin intake of new medical assistance recipients. Rates will be determined under Minnesota Rules, parts 9549.0010 to 9549.0080. Rate calculations will be subject to limits as prescribed in rule and law. Other than the adjustments in sections 256B.431, subdivisions 30 and 32; 256B.437, subdivision 3, paragraph (b), Minnesota Rules, part 9549.0057, and any other applicable legislation enacted prior to the finalization of rates, facilities assuming full participation in medical assistance under this paragraph are not eligible for any rate adjustments until the July 1 following their settle-up period.

EFFECTIVE DATE. This section is effective July 1, 2015.""

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

POINT OF ORDER

Albright raised a point of order pursuant to rule 3.21 that the McNamar amendment to the Morgan amendment to H. F. No. 1233, the second engrossment, was not in order.

The Speaker submitted the following question to the House: "Is it the judgment of the House that the Albright point of order is well taken?"

The vote was taken on the question "Is it the judgment of the House that the Albright point of order is well taken?" and the roll was called. There were 60 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen

Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kresha

Laine

Leidiger

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen

Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen

The motion did not prevail and the amendment was not adopted.

Norton moved to amend H. F. No. 1233, the second engrossment, as amended, as follows:

Page 190, line 6, after "benefit" insert "to provide early intensive intervention to a child with an autism spectrum disorder diagnosis. This benefit shall be"

Page 190, line 9, delete "to"

Page 190, line 10, delete everything before the period

Page 190, line 17, delete everything after "of"

Page 190, delete lines 18 and 19 and insert "18."

Page 190, line 34, after the semicolon, insert "and"

Page 191, line 2, delete "; and" and insert a period

Page 191, delete line 3

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3675

Page 191, line 8, after the first comma, insert "or" and delete "or" and insert "and"

Page 191, line 13, delete "medical" and insert "licensed physician or nurse practitioner" and after "and" insert "a"

Page 191, line 16, after "information" insert "may be considered"

Page 191, line 19, delete "may be considered"

Page 192, line 20, delete "gains" and insert "goals"

Page 192, line 31, delete "gains" and insert "goals"

Page 192, line 34, after the first "appeal" insert "pursuant to section 256.045," and delete "have" and insert "has" and delete "pursuant to section" and insert "within ten days of receipt of notice of reduction or termination or before the effective date of the action."

Page 192, delete line 35

Page 193, line 8, after "details" insert "must"

Page 193, line 13, delete "function" and insert "functions"

Page 193, line 18, after "parents" insert "and caregivers"

Page 193, line 27, delete "medical" and insert "physicians, nurse practitioners,"

Page 193, line 29, delete "in order"

Page 193, line 30, delete "medical" and insert "physician or nurse practitioner" and after the first "and" insert "a"

Page 193, line 31, delete "so as to implement subdivision 4, paragraph"

Page 193, line 32, delete "(a),"

Page 194, delete lines 13 to 20

Page 194, line 21, before "9" insert "and" and delete "and 12,"

Page 506, delete lines 10 to 24

The motion prevailed and the amendment was adopted.

Huntley moved to amend H. F. No. 1233, the second engrossment, as amended, as follows:

Page 284, line 34, after "of" insert "30 hours of"

Page 285, line 34, delete everything after "(b)"

Page 285, delete line 35

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3676

Page 286, line 1, delete everything before "Training"

Page 286, delete lines 3 to 7

Page 286, line 8, delete "(5)" and insert "(1)"

Page 286, line 10, after "(ADLs)" insert "as defined under section 256B.0659, subdivision 1"

Page 286, line 11, delete "(6)" and insert "(2)"

Page 286, line 13, delete "(7)" and insert "(3)"

Page 286, line 14, after "(IADLs)" insert "as defined under section 256B.0659, subdivision 1"

Page 286, line 15, delete "(8)" and insert "(4)"

Page 287, line 26, delete "providing 24-hour"

Page 287, line 27, delete "care with corporate supervision"

Page 287, line 28, after "staff" insert "with fewer than five years of documented experience and 12 hours of annual training to direct service staff with five or more years of documented experience"

The motion prevailed and the amendment was adopted.

Kieffer and Ward, J.A., moved to amend H. F. No. 1233, the second engrossment, as amended, as follows:

Page 490, after line 4, insert:

"Sec. 85. COMMENCE CONSTRUCTION.

The radiation therapy facility in Woodbury under Minnesota Statutes, section 144.5509, paragraph (b), must commence construction before December 31, 2013."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Kieffer and Ward, J.A., amendment and the roll was called. There were 58 yeas and 74 nays as follows:

Those who voted in the affirmative were:

The motion did not prevail and the amendment was not adopted.

Abeler moved to amend H. F. No. 1233, the second engrossment, as amended, as follows:

Page 488, delete section 81 and insert:

"Sec. 81. LEVEL-1 TRAUMA CENTERS.

The commissioner of health, through the Office of Rural Health and Primary Care, and in consultation with the commissioner of human services, shall study the cost of maintaining a level of 24-hour readiness in a hospital designated as a level-1 trauma center under Minnesota Statutes, section 144.605, and shall present recommendations to the legislature by December 15, 2013, on a state public programs level of readiness payment modifier for hospitals designated as level-1 trauma centers."

The motion prevailed and the amendment was adopted.

Mullery moved to amend H. F. No. 1233, the second engrossment, as amended, as follows:

Page 353, after line 12, insert:

"Subd. 11. Provider training. New and increased training requirements under this section must not be imposed on providers until the commissioner establishes statewide accessibility to the required provider training."

The motion prevailed and the amendment was adopted.

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3678

Abeler moved to amend H. F. No. 1233, the second engrossment, as amended, as follows:

Page 96, line 3, after "(b)" insert "In consultation with the Development and Implementation Council described in subdivision 21 and other stakeholders," and after "develop" insert "recommendations for" and after "ensure" insert "self-direction,"

Page 96, line 4, after "integrity" insert a comma and after the period, insert "The recommendations shall be provided to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance by November 15, 2013."

Page 96, delete lines 26 to 36 and insert:

"Subd. 12. Requirements for initial enrollment of CFSS provider agencies. In consultation with the Development and Implementation Council described in subdivision 21 and other stakeholders, the commissioner shall develop CFSS provider enrollment standards which are consistent with federal requirements, reflect the principles of self-direction, and maintain program integrity. The recommendations shall be provided to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance by November 15, 2013."

Delete page 97

Page 98, delete lines 1 to 11

Page 100, delete lines 29 to 36 and insert:

"Subd. 15. Documentation of support services provided. In consultation with the Development and Implementation Council described in subdivision 21 and other stakeholders, the commissioner shall develop recommendations for CFSS documentation standards which are consistent with federal requirements, reflect the principles of self-direction, and maintain program integrity. The recommendations shall be provided to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance by November 15, 2013."

Page 101, delete lines 1 to 18

Page 102, delete lines 9 to 20 and insert:

"(b) In consultation with the Development and Implementation Council described in subdivision 21 and other stakeholders, the commissioner shall establish reasons for denying or terminating a support worker's provider enrollment which shall:

(1) reflect the principles of self-direction;

(2) support the participant's choice of support workers; and

(3) maintain program integrity.

The recommendations for denial or termination of support worker enrollment shall be provided to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance by November 15, 2013."

The motion prevailed and the amendment was adopted.

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3679

Nornes moved to amend H. F. No. 1233, the second engrossment, as amended, as follows:

Page 447, after line 3, insert:

"Sec. 15. Minnesota Statutes 2012, section 144.551, subdivision 1, is amended to read:

Subdivision 1. Restricted construction or modification. (a) The following construction or modification may not be commenced:

(1) any erection, building, alteration, reconstruction, modernization, improvement, extension, lease, or other acquisition by or on behalf of a hospital that increases the bed capacity of a hospital, relocates hospital beds from one physical facility, complex, or site to another, or otherwise results in an increase or redistribution of hospital beds within the state; and

(2) the establishment of a new hospital.

(b) This section does not apply to:

(1) construction or relocation within a county by a hospital, clinic, or other health care facility that is a national referral center engaged in substantial programs of patient care, medical research, and medical education meeting state and national needs that receives more than 40 percent of its patients from outside the state of Minnesota;

(2) a project for construction or modification for which a health care facility held an approved certificate of need on May 1, 1984, regardless of the date of expiration of the certificate;

(3) a project for which a certificate of need was denied before July 1, 1990, if a timely appeal results in an order reversing the denial;

(4) a project exempted from certificate of need requirements by Laws 1981, chapter 200, section 2;

(5) a project involving consolidation of pediatric specialty hospital services within the Minneapolis-St. Paul metropolitan area that would not result in a net increase in the number of pediatric specialty hospital beds among the hospitals being consolidated;

(6) a project involving the temporary relocation of pediatric-orthopedic hospital beds to an existing licensed hospital that will allow for the reconstruction of a new philanthropic, pediatric-orthopedic hospital on an existing site and that will not result in a net increase in the number of hospital beds. Upon completion of the reconstruction, the licenses of both hospitals must be reinstated at the capacity that existed on each site before the relocation;

(7) the relocation or redistribution of hospital beds within a hospital building or identifiable complex of buildings provided the relocation or redistribution does not result in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds from one physical site or complex to another; or (iii) redistribution of hospital beds within the state or a region of the state;

(8) relocation or redistribution of hospital beds within a hospital corporate system that involves the transfer of beds from a closed facility site or complex to an existing site or complex provided that: (i) no more than 50 percent of the capacity of the closed facility is transferred; (ii) the capacity of the site or complex to which the beds are transferred does not increase by more than 50 percent; (iii) the beds are not transferred outside of a federal health systems agency boundary in place on July 1, 1983; and (iv) the relocation or redistribution does not involve the construction of a new hospital building;

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3680

(9) a construction project involving up to 35 new beds in a psychiatric hospital in Rice County that primarily serves adolescents and that receives more than 70 percent of its patients from outside the state of Minnesota;

(10) a project to replace a hospital or hospitals with a combined licensed capacity of 130 beds or less if: (i) the new hospital site is located within five miles of the current site; and (ii) the total licensed capacity of the replacement hospital, either at the time of construction of the initial building or as the result of future expansion, will not exceed 70 licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is less;

(11) the relocation of licensed hospital beds from an existing state facility operated by the commissioner of human services to a new or existing facility, building, or complex operated by the commissioner of human services; from one regional treatment center site to another; or from one building or site to a new or existing building or site on the same campus;

(12) the construction or relocation of hospital beds operated by a hospital having a statutory obligation to provide hospital and medical services for the indigent that does not result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27 beds, of which 12 serve mental health needs, may be transferred from Hennepin County Medical Center to Regions Hospital under this clause;

(13) a construction project involving the addition of up to 31 new beds in an existing nonfederal hospital in Beltrami County;

(14) a construction project involving the addition of up to eight new beds in an existing nonfederal hospital in Otter Tail County with 100 licensed acute care beds;

(15) a construction project involving the addition of 20 new hospital beds used for rehabilitation services in an existing hospital in Carver County serving the southwest suburban metropolitan area. Beds constructed under this clause shall not be eligible for reimbursement under medical assistance, general assistance medical care, or MinnesotaCare;

(16) a project for the construction or relocation of up to 20 hospital beds for the operation of up to two psychiatric facilities or units for children provided that the operation of the facilities or units have received the approval of the commissioner of human services;

(17) a project involving the addition of 14 new hospital beds to be used for rehabilitation services in an existing hospital in Itasca County;

(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin County that closed 20 rehabilitation beds in 2002, provided that the beds are used only for rehabilitation in the hospital's current rehabilitation building. If the beds are used for another purpose or moved to another location, the hospital's licensed capacity is reduced by 20 beds;

(19) a critical access hospital established under section 144.1483, clause (9), and section 1820 of the federal Social Security Act, United States Code, title 42, section 1395i-4, that delicensed beds since enactment of the Balanced Budget Act of 1997, Public Law 105-33, to the extent that the critical access hospital does not seek to exceed the maximum number of beds permitted such hospital under federal law;

(20) notwithstanding section 144.552, a project for the construction of a new hospital in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:

(i) the project, including each hospital or health system that will own or control the entity that will hold the new hospital license, is approved by a resolution of the Maple Grove City Council as of March 1, 2006;

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3681

(ii) the entity that will hold the new hospital license will be owned or controlled by one or more not-for-profit hospitals or health systems that have previously submitted a plan or plans for a project in Maple Grove as required under section 144.552, and the plan or plans have been found to be in the public interest by the commissioner of health as of April 1, 2005;

(iii) the new hospital's initial inpatient services must include, but are not limited to, medical and surgical services, obstetrical and gynecological services, intensive care services, orthopedic services, pediatric services, noninvasive cardiac diagnostics, behavioral health services, and emergency room services;

(iv) the new hospital:

(A) will have the ability to provide and staff sufficient new beds to meet the growing needs of the Maple Grove service area and the surrounding communities currently being served by the hospital or health system that will own or control the entity that will hold the new hospital license;

(B) will provide uncompensated care;

(D) will be a site for workforce development for a broad spectrum of health-care-related occupations and have a commitment to providing clinical training programs for physicians and other health care providers;

(E) will demonstrate a commitment to quality care and patient safety;

(F) will have an electronic medical records system, including physician order entry;

(G) will provide a broad range of senior services;

(H) will provide emergency medical services that will coordinate care with regional providers of trauma services and licensed emergency ambulance services in order to enhance the continuity of care for emergency medical patients; and

(I) will be completed by December 31, 2009, unless delayed by circumstances beyond the control of the entity holding the new hospital license; and

(v) as of 30 days following submission of a written plan, the commissioner of health has not determined that the hospitals or health systems that will own or control the entity that will hold the new hospital license are unable to meet the criteria of this clause;

(21) a project approved under section 144.553;

(22) a project for the construction of a hospital with up to 25 beds in Cass County within a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's license holder is approved by the Cass County Board;

(23) a project for an acute care hospital in Fergus Falls that will increase the bed capacity from 108 to 110 beds by increasing the rehabilitation bed capacity from 14 to 16 and closing a separately licensed 13-bed skilled nursing facility; or

(24) notwithstanding section 144.552, a project for the construction and expansion of a specialty psychiatric hospital in Hennepin County for up to 50 beds, exclusively for patients who are under 21 years of age on the date of admission. The commissioner conducted a public interest review of the mental health needs of Minnesota and the Twin Cities metropolitan area in 2008. No further public interest review shall be conducted for the construction or expansion project under this clause; or

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3682

(25) a project for the construction of a psychiatric hospital in the Perham Hospital District with up to 12 beds, intended primarily for patients who are 55 years of age and older on the date of admission."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Nornes amendment and the roll was called. There were 63 yeas and 70 nays as follows:

Those who voted in the affirmative were:

The motion did not prevail and the amendment was not adopted.

Abeler moved to amend H. F. No. 1233, the second engrossment, as amended, as follows:

Page 184, after line 13, insert:

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3685

"Sec. 2. Minnesota Statutes 2012, section 252.27, subdivision 2a, is amended to read:

Subd. 2a. Contribution amount. (a) The natural or adoptive parents of a minor child, including a child determined eligible for medical assistance without consideration of parental income, must contribute to the cost of services used by making monthly payments on a sliding scale based on income, unless the child is married or has been married, parental rights have been terminated, or the child's adoption is subsidized according to section 259.67 or through title IV-E of the Social Security Act. The parental contribution is a partial or full payment for medical services provided for diagnostic, therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care services as defined in United States Code, title 26, section 213, needed by the child with a chronic illness or disability.

(b) For households with adjusted gross income equal to or greater than 100 percent of federal poverty guidelines, the parental contribution shall be computed by applying the following schedule of rates to the adjusted gross income of the natural or adoptive parents:

(1) if the adjusted gross income is equal to or greater than 100 percent of federal poverty guidelines and less than 175 percent of federal poverty guidelines, the parental contribution is $4 per month;

(2) if the adjusted gross income is equal to or greater than 175 percent of federal poverty guidelines and less than or equal to 545 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at one percent of adjusted gross income at 175 percent of federal poverty guidelines and increases to 7.5 percent of adjusted gross income for those with adjusted gross income up to 545 percent of federal poverty guidelines;

(3) if the adjusted gross income is greater than 545 percent of federal poverty guidelines and less than 675 percent of federal poverty guidelines, the parental contribution shall be 7.5 percent of adjusted gross income;

(4) if the adjusted gross income is equal to or greater than 675 percent of federal poverty guidelines and less than 975 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 7.5 percent of adjusted gross income at 675 percent of federal poverty guidelines and increases to ten percent of adjusted gross income for those with adjusted gross income up to 975 percent of federal poverty guidelines; and

(5) if the adjusted gross income is equal to or greater than 975 percent of federal poverty guidelines, the parental contribution shall be 12.5 percent of adjusted gross income.

If the child lives with the parent, the annual adjusted gross income is reduced by $2,400 prior to calculating the parental contribution. If the child resides in an institution specified in section 256B.35, the parent is responsible for the personal needs allowance specified under that section in addition to the parental contribution determined under this section. The parental contribution is reduced by any amount required to be paid directly to the child pursuant to a court order, but only if actually paid.

(c) The household size to be used in determining the amount of contribution under paragraph (b) includes natural and adoptive parents and their dependents, including the child receiving services. Adjustments in the contribution amount due to annual changes in the federal poverty guidelines shall be implemented on the first day of July following publication of the changes.

(d) For purposes of paragraph (b), "income" means the adjusted gross income of the natural or adoptive parents determined according to the previous year's federal tax form, except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds have been used to purchase a home shall not be counted as income.

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3686

(e) The contribution shall be explained in writing to the parents at the time eligibility for services is being determined. The contribution shall be made on a monthly basis effective with the first month in which the child receives services. Annually upon redetermination or at termination of eligibility, if the contribution exceeded the cost of services provided, the local agency or the state shall reimburse that excess amount to the parents, either by direct reimbursement if the parent is no longer required to pay a contribution, or by a reduction in or waiver of parental fees until the excess amount is exhausted. All reimbursements must include a notice that the amount reimbursed may be taxable income if the parent paid for the parent's fees through an employer's health care flexible spending account under the Internal Revenue Code, section 125, and that the parent is responsible for paying the taxes owed on the amount reimbursed.

(f) The monthly contribution amount must be reviewed at least every 12 months; when there is a change in household size; and when there is a loss of or gain in income from one month to another in excess of ten percent. The local agency shall mail a written notice 30 days in advance of the effective date of a change in the contribution amount. A decrease in the contribution amount is effective in the month that the parent verifies a reduction in income or change in household size.

(g) Parents of a minor child who do not live with each other shall each pay the contribution required under paragraph (a). An amount equal to the annual court-ordered child support payment actually paid on behalf of the child receiving services shall be deducted from the adjusted gross income of the parent making the payment prior to calculating the parental contribution under paragraph (b).

(h) The contribution under paragraph (b) shall be increased by an additional five percent if the local agency determines that insurance coverage is available but not obtained for the child. For purposes of this section, "available" means the insurance is a benefit of employment for a family member at an annual cost of no more than five percent of the family's annual income. For purposes of this section, "insurance" means health and accident insurance coverage, enrollment in a nonprofit health service plan, health maintenance organization, self-insured plan, or preferred provider organization.

Parents who have more than one child receiving services shall not be required to pay more than the amount for the child with the highest expenditures. There shall be no resource contribution from the parents. The parent shall not be required to pay a contribution in excess of the cost of the services provided to the child, not counting payments made to school districts for education-related services. Notice of an increase in fee payment must be given at least 30 days before the increased fee is due.

(i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if, in the 12 months prior to July 1:

(1) the parent applied for insurance for the child;

(2) the insurer denied insurance;

(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted a complaint or appeal, in writing, to the commissioner of health or the commissioner of commerce, or litigated the complaint or appeal; and

(4) as a result of the dispute, the insurer reversed its decision and granted insurance.

For purposes of this section, "insurance" has the meaning given in paragraph (h).

A parent who has requested a reduction in the contribution amount under this paragraph shall submit proof in the form and manner prescribed by the commissioner or county agency, including, but not limited to, the insurer's denial of insurance, the written letter or complaint of the parents, court documents, and the written response of the insurer approving insurance. The determinations of the commissioner or county agency under this paragraph are not rules subject to chapter 14.

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3687

(j) Notwithstanding paragraph (b), for the period from July 1, 2010, to June 30, ~~2015~~ 2013, the parental contribution shall be computed by applying the following contribution schedule to the adjusted gross income of the natural or adoptive parents:

(2) if the adjusted gross income is equal to or greater than 175 percent of federal poverty guidelines and less than or equal to 525 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at one percent of adjusted gross income at 175 percent of federal poverty guidelines and increases to eight percent of adjusted gross income for those with adjusted gross income up to 525 percent of federal poverty guidelines;

(3) if the adjusted gross income is greater than 525 percent of federal poverty guidelines and less than 675 percent of federal poverty guidelines, the parental contribution shall be 9.5 percent of adjusted gross income;

(4) if the adjusted gross income is equal to or greater than 675 percent of federal poverty guidelines and less than 900 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 9.5 percent of adjusted gross income at 675 percent of federal poverty guidelines and increases to 12 percent of adjusted gross income for those with adjusted gross income up to 900 percent of federal poverty guidelines; and

(5) if the adjusted gross income is equal to or greater than 900 percent of federal poverty guidelines, the parental contribution shall be 13.5 percent of adjusted gross income. If the child lives with the parent, the annual adjusted gross income is reduced by $2,400 prior to calculating the parental contribution. If the child resides in an institution specified in section 256B.35, the parent is responsible for the personal needs allowance specified under that section in addition to the parental contribution determined under this section. The parental contribution is reduced by any amount required to be paid directly to the child pursuant to a court order, but only if actually paid.

EFFECTIVE DATE. This section is effective June 30, 2013."

Page 503, after line 17, insert:

"Transfer of Reserves. The allocation from the health care access fund to the Minnesota Insurance Marketplace for MinnesotaCare-related operations and technology costs is reduced by $556,000 in fiscal year 2014 and $556,000 in fiscal year 2015. These amounts are transferred from the health care access fund to the general fund.

TEFRA Parental Fees. $556,000 in fiscal year 2014 and $556,000 in fiscal year 2015 is appropriated from the general fund to the commissioner of human services for the reduction of TEFRA parental fees under Minnesota Statutes, section 252.27, subdivision 2a."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Adjust amounts accordingly

A roll call was requested and properly seconded.

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3688

The question was taken on the Abeler amendment and the roll was called. There were 65 yeas and 68 nays as follows:

Those who voted in the affirmative were:

The motion did not prevail and the amendment was not adopted.

Franson moved to amend H. F. No. 1233, the second engrossment, as amended, as follows:

Page 338, after line 14, insert:

"Sec. 3. Minnesota Statutes 2012, section 119B.13, subdivision 1, is amended to read:

Subdivision 1. Subsidy restrictions. (a) Beginning ~~October 31, 2011~~ July 1, 2013, the maximum rate paid for child care assistance in any county or multicounty region under the child care fund shall be the rate for like-care arrangements in the county effective July 1, ~~2006~~ 2012, ~~decreased~~ increased by ~~2.5~~ two percent.

(b) Biennially, beginning in 2012, the commissioner shall survey rates charged by child care providers in Minnesota to determine the 75th percentile for like-care arrangements in counties. When the commissioner determines that, using the commissioner's established protocol, the number of providers responding to the survey is too small to determine the 75th percentile rate for like-care arrangements in a county or multicounty region, the commissioner may establish the 75th percentile maximum rate based on like-care arrangements in a county, region, or category that the commissioner deems to be similar.

(c) A rate which includes a special needs rate paid under subdivision 3 or under a school readiness service agreement paid under section 119B.231, may be in excess of the maximum rate allowed under this subdivision.

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3689

(d) The department shall monitor the effect of this paragraph on provider rates. The county shall pay the provider's full charges for every child in care up to the maximum established. The commissioner shall determine the maximum rate for each type of care on an hourly, full-day, and weekly basis, including special needs and disability care. The maximum payment to a provider for one day of care must not exceed the daily rate. The maximum payment to a provider for one week of care must not exceed the weekly rate.

(e) Child care providers receiving reimbursement under this chapter must not be paid activity fees or an additional amount above the maximum rates for care provided during nonstandard hours for families receiving assistance.

(f) When the provider charge is greater than the maximum provider rate allowed, the parent is responsible for payment of the difference in the rates in addition to any family co-payment fee.

(g) All maximum provider rates changes shall be implemented on the Monday following the effective date of the maximum provider rate."

Page 500, after line 7, insert:

"MAXIS. Notwithstanding Minnesota Statutes, section 295.581, $10,000 in fiscal year 2014 is appropriated from the general fund to the commissioner of human services for systems costs associated with the child care provider rate increase under Minnesota Statutes, section 119B.13, subdivision 1."

Page 501, after line 8, insert:

"MinnesotaCare Exchange Transfer. The allocation from the health care access fund to the Minnesota Insurance Marketplace for MinnesotaCare-related operations and technology costs is reduced by $1,945,000 in fiscal year 2014 and $4,658,000 in fiscal year 2015. These amounts are transferred from the health care access fund to the general fund."

Page 501, after line 33, insert:

"MFIP Child Care Provider Increase. $1,777,000 in fiscal year 2014 and $2,839,000 in fiscal year 2015 is appropriated from the general fund to the commissioner of human services for the child care provider rate increase under Minnesota Statutes, section 119B.13, subdivision 1."

Page 504, after line 17, insert:

"Basic Sliding Fee Child Care Provider Increase. $758,000 in fiscal year 2014 and $1,819,000 in fiscal year 2015 is appropriated from the general fund to the commissioner of human services for the child care provider rate increase under Minnesota Statutes, section 119B.13, subdivision 1."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Adjust amounts accordingly

A roll call was requested and properly seconded.

Journal of the House - 41st Day - Monday, April 22, 2013 - Top of Page 3690

The question was taken on the Franson amendment and the roll was called. There were 66 yeas and 67 nays as follows:

Those who voted in the affirmative were: