Saint Paul, Minnesota, Wednesday, April 26, 1995
The House of Representatives convened at 12:00 noon and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Pastor Nancy L. Anderson, Minnehaha
United Church of Christ, Minneapolis, Minnesota.
The roll was called and the following members were present:
Anderson, R., was excused.
Osthoff, Rest and Simoneau were excused until 3:50 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Onnen moved that further reading of the Journal be suspended
and that the Journal be approved as corrected by the Chief Clerk.
The motion prevailed.
Abrams Frerichs Koppendrayer Olson, M. Sviggum
Anderson, B. Garcia Kraus Onnen Swenson, D.
Bakk Girard Krinkie Opatz Swenson, H.
Bertram Goodno Larsen Orenstein Sykora
Bettermann Greenfield Leighton Orfield Tomassoni
Bishop Greiling Leppik Osskopp Tompkins
Boudreau Haas Lieder Ostrom Trimble
Bradley Hackbarth Lindner Otremba Tuma
Broecker Harder Long Ozment Tunheim
Brown Hasskamp Lourey Paulsen Van Dellen
Carlson Hausman Luther Pawlenty Van Engen
Carruthers Holsten Lynch Pellow Vickerman
Clark Hugoson Macklin Pelowski Wagenius
Commers Huntley Mahon Perlt Warkentin
Cooper Jaros Mares Peterson Weaver
Daggett Jefferson Mariani Pugh Wejcman
Dauner Jennings Marko Rhodes Wenzel
Davids Johnson, A. McCollum Rice Winter
Dawkins Johnson, R. McElroy Rostberg Wolf
Dehler Johnson, V. McGuire Rukavina Worke
Delmont Kahn Milbert Sarna Workman
Dempsey Kalis Molnau Schumacher Sp.Anderson,I
Dorn Kelley Mulder Seagren
Entenza Kelso Munger Skoglund
Erhardt Kinkel Murphy Smith
Farrell Knight Ness Solberg
Finseth Knoblach Olson, E. Stanek
A quorum was present.
S. F. No. 47 and H. F. No. 497, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Jennings moved that the rules be so far suspended that S. F. No. 47 be substituted for H. F. No. 497 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 870 and H. F. No. 1469, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Bradley moved that S. F. No. 870 be substituted for H. F. No. 1469 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 992 and H. F. No. 983, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Lourey moved that the rules be so far suspended that S. F. No. 992 be substituted for H. F. No. 983 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1402 and H. F. No. 1524, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Wejcman moved that the rules be so far suspended that S. F. No. 1402 be substituted for H. F. No. 1524 and that the House File be indefinitely postponed. The motion prevailed.
S. F. Nos. 47, 870, 992 and 1402 were read for the second time.
The following House Files were introduced:
Entenza introduced:
H. F. No. 1872, A bill for an act relating to occupations; residential contractors; changing the expiration date of provisions relating to St. Paul and Minneapolis contractors; amending Minnesota Statutes 1994, section 326.991, subdivision 1.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Osskopp, Dempsey, Pugh and Jennings introduced:
H. F. No. 1873, A resolution supporting comprehensive federal legislation to establish an integrated spent fuel management storage facility.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
The following House Advisory was introduced:
Cooper introduced:
H. A. No. 12, A proposal to study requirements for hospice licensure.
The advisory was referred to the Committee on Health and Human Services.
Stanek was excused between the hours of 12:30 p.m. and 3:50 p.m.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 47, A bill for an act relating to solid waste; merging two conflicting amendments to the solid waste generator assessment statute that were enacted in 1994; correcting and clarifying terminology; amending Minnesota Statutes 1994, section 116.07, subdivision 10; repealing Laws 1994, chapter 510, article 6, section 1.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 565, A bill for an act relating to metropolitan area housing; authorizing the metropolitan council to operate a federal section 8 housing program within the metropolitan area pursuant to joint exercise of powers agreements; amending Minnesota Statutes 1994, section 473.195, subdivision 1.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House Files, herewith returned:
H. F. No. 813, A bill for an act relating to human services; establishing a temporary payment rate for a recently purchased intermediate care facility for persons with mental retardation or related conditions; amending Minnesota Statutes 1994, section 256B.501, by adding a subdivision.
H. F. No. 1060, A bill for an act relating to local government; excluding certain fire and police department employees from civil service in the city of South St. Paul.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 1399, A bill for an act relating to crime; imposing penalties for assaulting a police horse while it is being used for law enforcement purposes; proposing coding for new law in Minnesota Statutes, chapter 609.
Patrick E. Flahaven, Secretary of the Senate
Skoglund moved that the House refuse to concur in the Senate amendments to H. F. No. 1399, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 990, A bill for an act relating to consumer protection; providing warranties for new assistive devices; providing enforcement procedures; proposing coding for new law in Minnesota Statutes, chapter 325G.
Patrick E. Flahaven, Secretary of the Senate
Entenza moved that the House refuse to concur in the Senate amendments to H. F. No. 990, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 1000, A bill for an act relating to education; prekindergarten through grade 12; providing for general education revenue; transportation; special programs; community education; facilities; organization and cooperation; education excellence; other programs; miscellaneous provisions; libraries; state agencies; technology; conforming amendments; appropriating money; amending Minnesota Statutes 1994, sections 43A.316, subdivision 2; 62L.08, subdivision 7a; 116J.655; 120.062, subdivision 7; 120.064, subdivision 4; 120.101, subdivision 5c; 120.17, subdivisions 3a, 3b, and by adding a subdivision; 120.185; 120.74, subdivision 1; 120.75, subdivision 1; 121.11, subdivision 7c; 121.702, by adding a subdivision; 121.705; 121.706; 121.707, subdivisions 4, 6, and 7; 121.708; 121.709; 121.710; 121.885, subdivisions 1 and 4; 121.904, subdivisions 4a and 4c; 121.912, subdivisions 1, 1b, and 6; 121.935, subdivision 1; 122.21, subdivision 4; 122.23, subdivision 2; 122.242, subdivision 9; 122.895, subdivisions 1, 8, and 9; 122.91, subdivisions 1, 2, and 2a; 122.92, subdivision 1; 122.93, subdivision 1; 122.94, subdivision 1; 123.35, subdivision 19b; 123.351, subdivisions 1, 3, 4, and 5; 123.3514, subdivisions 4d, 7, 8, and by adding a subdivision; 123.70, subdivision 8; 123.7991, subdivisions 2 and 3; 123.805, subdivisions 1 and 2; 124.14, by adding a subdivision; 124.17, subdivisions 1, 2f, and by adding a subdivision; 124.193; 124.195, subdivision 10, and by adding a subdivision; 124.2139; 124.214, subdivisions 2 and 3; 124.223, subdivision 7; 124.225, subdivisions 1, 3a, 7b, 7d, 7f, 8a, and 8m; 124.226, subdivisions 1 and 3; 124.243, subdivisions 2 and 8; 124.244, subdivisions 1, 4, and by adding a subdivision; 124.2455; 124.2711, subdivision 2a; 124.2713, subdivision 6; 124.2725, subdivisions 1, 3, 4, and 15; 124.2726, subdivision 1; 124.273, by adding subdivisions; 124.32, subdivisions 10 and 12; 124.321, subdivisions 1 and 2; 124.322; 124.323, subdivisions 1, 2, and by adding a subdivision; 124.573, subdivision 2e; 124.574, subdivision 9, and by adding subdivisions; 124.83, subdivision 4; 124.84, subdivision 3; 124.91, subdivision 5; 124.916, subdivision 2; 124.95, subdivisions 2, 4, and 6; 124.961; 124A.03, subdivisions 1g and 1h; 124A.0311, subdivision 4; 124A.22, subdivisions 2, 2a, 4, 4a, 4b, 8a, and 9; 124A.225, subdivisions 4 and 5; 124A.23, subdivisions 1 and 4; 124A.24; 124A.29, subdivision 1; 124C.07; 124C.08, subdivision 2; 124C.45, subdivision 1; 124C.46, subdivision 2; 124C.48, subdivision 1; 125.62, subdivisions 1 and 7; 125.623, subdivision 2; 126.031, subdivision 1; 126.15, subdivision 2; 126.49, by adding a subdivision; 126.70, subdivision 2a; 126A.01; 126A.02, subdivision 2; 126B.01; 126B.03, subdivisions 2 and 3; 127.30, subdivision 2; 128A.02, subdivisions 1, 3, 5, and by adding a subdivision; 128A.021; 128A.022, subdivisions 1 and 6; 128A.024, subdivision 4; 128A.025, subdivisions 1 and 2; 128A.026; 128A.05, subdivisions 1 and 2; 128B.10, subdivision 1; 134.155; 134.34, subdivision 4a; 134.351, subdivision 4; 169.01, subdivision 6; 169.21, subdivision 2; 169.444, subdivision 2; 169.4502, subdivision 4; 169.4503, by adding a subdivision; 169.451, by adding a subdivision; 169.452; 169.454, subdivision 5, and by adding a subdivision; 171.01, subdivision 21; 171.18, subdivision 1; 171.321, subdivisions 3, 4, and 5; 171.3215, subdivisions 1, 2, and 3; 237.065; 631.40, subdivision 1a; Laws 1992, chapter 499, article 11, section 9, as amended; Laws 1993, chapter 224, article 8, section 21, subdivision 1; Laws 1993, chapter 224, article 12, section 32, as amended; Laws 1993, chapter 224, article 12, sections 39, and 41; Laws 1994, chapter 587, article 3, section 19, subdivision 1; Laws 1994, chapter 647, article 1, section 36; Laws 1994, chapter 647, article 3, section 25; Laws 1994, chapter 647, article 7, section 15; proposing coding for new law in Minnesota Statutes, chapters 123; 124; 124C; 125; 126; 126B; 127; 134; 136D; 169; 604A; repealing Minnesota Statutes 1994, sections 121.602, subdivision 5; 121.702, subdivision 9; 121.703; 123.58; 124.17, subdivision 1b; 124.243, subdivisions 2a and 9; 124.2714; 124.273, subdivisions 1b and 2c; 124.32, subdivisions 1b, 1c, 1d, 1f, 2, and 3a; 124.574, subdivisions 2b, 3, 4, and 4a; 124.91, subdivision 5; 124.912, subdivision 8; 124.914, subdivisions 2, 3, and 4; 124.962; 124A.04, subdivision 1; 124A.27, subdivision 11; 124A.29, subdivision 2; 124A.291; 124A.292; 125.138, subdivisions 6, 7, 8, 9, 10, and 11; 126.019; 126B.02; 126B.03; 126B.04;
126B.05; 128A.02, subdivisions 2 and 4; 128A.03; 268.9755; Laws 1991, chapter 265, article 5, section 23, as amended; Laws 1992, chapter 499, article 7, sections 16, 17, and 27.
Patrick E. Flahaven, Secretary of the Senate
Johnson, A., moved that the House refuse to concur in the Senate amendments to H. F. No. 1000, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 383, A bill for an act relating to traffic regulations; clarifying conditions when covering motor vehicle head lamp, tail lamp, or reflector is unlawful; providing that only certain trailers required to have brakes are also required to have break-away brakes; requiring inspector of commercial motor vehicle to retain report for at least 14 months; prohibiting the covering of a license plate with any material or substance; amending Minnesota Statutes 1994, sections 169.64, by adding a subdivision; 169.67, subdivision 3; 169.781, subdivision 4; and 169.79.
Patrick E. Flahaven, Secretary of the Senate
Marko moved that the House concur in the Senate amendments to H. F. No. 383 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 383, A bill for an act relating to traffic regulations; clarifying conditions when covering motor vehicle head lamp, tail lamp, or reflector is unlawful; providing that only certain trailers required to have brakes are also required to have break-away brakes; requiring inspector of commercial motor vehicle to retain report for at least 14 months; prohibiting the covering of a license plate with any material or substance; amending Minnesota Statutes 1994, sections 169.64, by adding a subdivision; 169.67, subdivision 3; 169.781, subdivision 4; and 169.79.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Knoblach Ness SolbergThe bill was repassed, as amended by the Senate, and its title agreed to.
JOURNAL OF THE HOUSE - 47th Day - Top of Page 3014
Anderson, B. Garcia Koppendrayer Olson, E. Sviggum Bakk Girard Kraus Olson, M. Swenson, D. Bertram Goodno Krinkie Onnen Swenson, H. Bettermann Greenfield Larsen Opatz Sykora Bishop Greiling Leighton Orenstein Tomassoni Boudreau Haas Leppik Orfield Tompkins Bradley Hackbarth Lieder Osskopp Trimble Broecker Harder Lindner Ostrom Tuma Brown Hasskamp Long Otremba Tunheim Carlson Hausman Lourey Ozment Van Dellen Carruthers Holsten Luther Paulsen Van Engen Clark Hugoson Lynch Pawlenty Vickerman Commers Huntley Macklin Pellow Wagenius Cooper Jaros Mahon Pelowski Warkentin Daggett Jefferson Mares Perlt Weaver Dauner Jennings Mariani Peterson Wejcman Davids Johnson, A. Marko Pugh Wenzel Dawkins Johnson, R. McCollum Rhodes Wolf Dehler Johnson, V. McElroy Rostberg Worke Delmont Kahn McGuire Rukavina Workman Dempsey Kalis Milbert Sarna Sp.Anderson,I Dorn Kelley Molnau Schumacher Entenza Kelso Mulder Seagren Erhardt Kinkel Munger Skoglund Finseth Knight Murphy Smith
Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.
The House reconvened and was called to order by the Speaker.
There being no objection, the order of business reverted to Reports of Standing Committees.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 1700, A bill for an act relating to the organization and operation of state government; appropriating money for the judicial branch, public safety, public defense, corrections, and for other criminal justice agencies and purposes; making changes to various criminal laws and penalties; modifying juvenile justice provisions; amending Minnesota Statutes 1994, sections 2.722, subdivision 1; 3.732, subdivision 1; 16A.285; 43A.18, by adding a subdivision; 120.101, subdivision 1; 120.14; 120.17, subdivisions 5a, 6, and 7; 120.181; 120.73, by adding a subdivision; 124.18, by adding a subdivision; 124.32, subdivision 6; 125.05, by adding a subdivision; 125.09, subdivision 1; 127.20; 127.27, subdivision 10; 145A.05, subdivision 7a; 152.18, subdivision 1; 171.04, subdivision 1; 171.29, subdivision 2; 176.192; 179A.03, subdivision 7; 242.31, subdivision 1; 243.166; 243.23, subdivision 3; 243.51, subdivisions 1 and 3; 243.88, by adding a subdivision; 260.015, subdivision 21; 260.115, subdivision 1; 260.125; 260.126, subdivision 5; 260.131, subdivision 4, and by adding a subdivision; 260.132, subdivisions 1, 4, and by adding a subdivision; 260.155, subdivisions 2 and 4; 260.161, subdivision 3; 260.181, subdivision 4; 260.185, subdivision 6, and by adding subdivisions; 260.191, subdivision 1; 260.193, subdivision 4; 260.195, subdivision 3, and by adding a subdivision; 260.215, subdivision 1; 260.291, subdivision 1; 260.315; 271.06, subdivision 4; 299A.33, subdivision 3; 299A.35, subdivision 1; 299A.51, subdivision 2; 299C.065, subdivisions 1a, 3, and 3a; 299C.10, subdivision 1, and by adding a subdivision; 299C.62, subdivision 4; 357.021, subdivision 2; 364.09; 388.24, subdivision 4; 401.065, subdivision 3a; 401.10; 466.03, by adding a subdivision; 480.30; 481.01; 494.03; 518.165, by adding subdivisions; 518B.01, subdivisions 2, 4, 8, 14, and by adding a subdivision; 609.055, subdivision 2; 609.101, subdivisions 1, 2, and 3; 609.115, by adding a subdivision; 609.135, by adding a subdivision; 609.1352, subdivisions 1, 3, and 5; 609.152, subdivision 1; 609.19; 609.3451, subdivision 1; 609.605, subdivision 4; 609.746, subdivision 1; 609.748, subdivision 3a; 609.749, subdivision 5; 611.27, subdivision 4; 611A.01; 611A.04, subdivision 1; 611A.19, subdivision 1; 611A.31, subdivision 2; 611A.71, subdivision 7; 611A.73, subdivision 3; 611A.74; 617.23; 624.22; 624.712, subdivision 5; 626.841; 626.843, subdivision 1; 626.861, subdivisions 1 and 4; 628.26; 629.341, subdivision 1; 629.715, subdivision 1; 629.72, subdivisions 1, 2, and 6; 641.14; and 641.15, subdivision 2; Laws 1993, chapter 255, sections 1, subdivisions 1 and 4; and 2; and Laws 1994, chapter 643, section 79, subdivisions 1, 2, and 4; proposing coding for new law in Minnesota Statutes, chapters 8; 16B; 120; 127; 243; 244; 257; 260; 260A; 299A; 299C; 299F; 401; 504; 563; 609; 611A; 626; and 629; repealing Minnesota Statutes 1994, sections 121.166; 126.25; and 611A.61, subdivision 3; Laws 1994, chapter 576, section 1.
Reported the same back with the following amendments:
Page 10, after line 11, insert:
"During the biennium ending June 30, 1997, whenever offenders are assigned for the purpose of work under agreement with any state department or agency, local unit of government, or any other
government subdivision, the state department, agency, local unit of government, or other governmental subdivision must certify in writing to the appropriate bargaining agent that the work performed by inmates will not result in the displacement of currently employed workers or workers on seasonal layoff or layoff from a substantially equivalent position, including partial displacement such as reduction in hours of nonovertime work, wages, or other employee benefits."
Page 140, line 9, delete everything after "attorneys"
Page 140, line 10, delete "Ramsey, and Washington counties"
Page 141, line 22, delete "as appropriate" and insert "unless inappropriate"
Page 145, line 34, delete "as appropriate" and insert "unless inappropriate"
With the recommendation that when so amended the bill pass.
The report was adopted.
H. F. No. 1700 was read for the second time.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House Files, herewith returned:
H. F. No. 54, A bill for an act relating to state government; directing the governor, attorney general, and other public officers to perform certain duties in regard to certain waters and public lands; proposing coding for new law in Minnesota Statutes, chapters 1 and 84B.
H. F. No. 1626, A bill for an act relating to state government; prohibiting investment of public funds in certain assets; amending Minnesota Statutes 1994, sections 11A.24, subdivision 1; 356A.06, by adding a subdivision; and 475.66, subdivision 3.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House Files, herewith returned:
H. F. No. 68, A bill for an act relating to insurance; requiring insurers to offer alternative methods for the payment of group life policy proceeds; amending Minnesota Statutes 1994, section 61A.09, subdivision 1.
H. F. No. 877, A bill for an act relating to insurance; private passenger vehicle insurance; providing for a premium reduction for vehicles having antitheft alarms or devices; defining terms; proposing coding for new law in Minnesota Statutes, chapter 65B.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House Files, herewith returned:
H. F. No. 354, A bill for an act relating to utilities; allowing small gas utility franchises an exemption from rate regulation for incidental utility service; amending Minnesota Statutes 1994, section 216B.16, subdivision 12.
H. F. No. 733, A bill for an act relating to employment; modifying provisions relating to high pressure piping installation; providing penalties; amending Minnesota Statutes 1994, sections 326.48, subdivisions 1, 2, 3, 4, and 5; 326.50; 326.51; and 326.52; repealing Minnesota Statutes 1994, section 326.47, subdivisions 3 and 4.
H. F. No. 1425, A bill for an act relating to tax-forfeited land; modifying the terms of payment for certain tax-forfeited timber; amending Minnesota Statutes 1994, section 282.04, subdivision 1.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House Files, herewith returned:
H. F. No. 1011, A bill for an act relating to traffic regulations; prohibiting radar jammers; amending Minnesota Statutes 1994, section 169.14, by adding a subdivision.
H. F. No. 1485, A bill for an act relating to occupations and professions; permitting protective agents to perform certain traffic control duties; amending Minnesota Statutes 1994, section 326.338, subdivision 4.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1320, A bill for an act relating to the environment; establishing a private cause of action for abandonment of hazardous waste; proposing coding for new law in Minnesota Statutes, chapter 116.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 399, A bill for an act relating to the secretary of state; regulating filings and related matters; providing for service of process; amending Minnesota Statutes 1994, sections 5.22, subdivision 1; 48.185, subdivision 7; 79A.06, subdivision 5; 168.27, subdivision 19a; 221.67; 302A.115, subdivision 1; 302A.121, subdivision 1; 302A.701; 302A.901, subdivision 1; 303.03; 303.06, subdivision 1; 303.13, subdivision 1; 303.14, subdivision 3; 308A.121, subdivision 1; 309.56, subdivision 1; 317A.115, subdivision 2; 317A.823, subdivision 1; 317A.901, subdivision 1; 319A.03; 319A.06, subdivision 2; 322A.02; 322A.761; 322B.12, subdivision 1; 322B.80, subdivision 1; 322B.876, subdivision 1; 322B.955; 322B.960, subdivisions 1 and 3; 323.02, by adding a subdivision; 323.44, subdivisions 2, 4, 5, and 6; 323.45, subdivisions 1 and 5; 323.46; 323.47, subdivision 1; 325F.70, subdivision 2; 330.11, subdivision 3; 333.001; 333.01; 333.055, subdivision 4; 333.21, subdivision 1; 336.9-403; 336A.11, subdivision 2; 540.152; and 543.08; proposing coding for new law in Minnesota Statutes, chapters 5; and 323; repealing Minnesota Statutes 1994, sections 302A.901, subdivisions 2, 2a, 3, and 4; 303.13, subdivisions 2, 3, 4, and 5; 317A.901, subdivisions 2, 3, and 4; 322B.876, subdivisions 2, 3, and 4; 322B.901; and 323.47, subdivisions 2, 3, and 4.
Patrick E. Flahaven, Secretary of the Senate
Perlt moved that the House concur in the Senate amendments to H. F. No. 399 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 399, A bill for an act relating to business organizations; clarifying corporate authority with respect to rights to purchase; regulating filings and related matters; providing for service of process; amending Minnesota Statutes 1994, sections 5.22, subdivision 1; 48.185, subdivision 7; 79A.06, subdivision 5; 168.27, subdivision 19a; 221.67; 302A.115, subdivision 1; 302A.121, subdivision 1; 302A.409, subdivision 3; 302A.701; 302A.901, subdivision 1; 303.03; 303.06, subdivision 1; 303.13, subdivision 1; 303.14, subdivision 3; 308A.121, subdivision 1; 309.56, subdivision 1; 317A.115, subdivision 2; 317A.823, subdivision 1; 317A.901, subdivision 1; 319A.03; 319A.06, subdivision 2; 322A.02; 322A.761; 322B.12, subdivision 1; 322B.80, subdivision 1; 322B.876, subdivision 1; 322B.955; 322B.960, subdivisions 1 and 3; 323.02, by adding a subdivision; 323.44, subdivisions 2, 4, 5, and 6; 323.45, subdivisions 1 and 5; 323.46; 323.47, subdivision 1; 325F.70, subdivision 2; 330.11, subdivision 3; 333.001; 333.01; 333.055, subdivision 4; 333.21, subdivision 1; 336.9-403; 336A.11, subdivision 2; 540.152; and 543.08; proposing coding for new law in Minnesota Statutes, chapters 5; and 323; repealing Minnesota Statutes 1994, sections 302A.901, subdivisions 2, 2a, 3, and 4; 303.13, subdivisions 2, 3, 4, and 5; 317A.901, subdivisions 2, 3, and 4; 322B.876, subdivisions 2, 3, and 4; 322B.901; and 323.47, subdivisions 2, 3, and 4.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Kraus Onnen Sviggum Anderson, B. Garcia Larsen Opatz Swenson, D. Bakk Girard Leighton Orenstein Swenson, H. Bertram Goodno Leppik Orfield Sykora Bettermann Greenfield Lieder Osskopp Tomassoni Bishop Greiling Lindner Ostrom Tompkins Boudreau Haas Long Otremba Trimble Bradley Hackbarth Lourey Ozment Tuma Broecker Harder Luther Paulsen Tunheim Brown Hasskamp Lynch Pawlenty Van Dellen Carlson Hausman Macklin Pellow Van Engen Carruthers Holsten Mahon Pelowski Vickerman Clark Hugoson Mares Perlt Wagenius Cooper Huntley Mariani Peterson Warkentin Daggett Jaros Marko Pugh Weaver Dauner Jefferson McCollum Rhodes Wejcman Davids Johnson, A. McElroy Rice Wenzel Dawkins Johnson, R. McGuire Rostberg Winter Dehler Johnson, V. Milbert Rukavina Wolf Delmont Kahn Molnau Sarna Worke Dempsey Kalis Mulder Seagren Workman Dorn Kelley Munger Simoneau Sp.Anderson,I Entenza Kelso Murphy Skoglund Erhardt Kinkel Ness Smith Farrell Knoblach Olson, E. Solberg Finseth Koppendrayer Olson, M. StanekThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 32, A bill for an act relating to marriage; authorizing retired court administrators to solemnize marriages; amending Minnesota Statutes 1994, section 517.04.
Patrick E. Flahaven, Secretary of the Senate
Jaros moved that the House concur in the Senate amendments to H. F. No. 32 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 32, A bill for an act relating to marriage; authorizing retired court administrators to solemnize marriages; amending Minnesota Statutes 1994, section 517.04.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, E. Smith Anderson, B. Frerichs Kraus Olson, M. Solberg Bakk Garcia Krinkie Onnen Stanek Bertram Girard Larsen Opatz Sviggum Bettermann Goodno Leighton Orenstein Swenson, D. Bishop Greenfield Leppik Osskopp Swenson, H. Boudreau Greiling Lieder Osthoff Sykora Bradley Haas Lindner Ostrom Tomassoni Broecker Hackbarth Long Otremba Tompkins Brown Harder Lourey Ozment Trimble Carlson Hasskamp Luther Paulsen Tuma Carruthers Hausman Lynch Pawlenty Tunheim Clark Holsten Macklin Pellow Van Dellen Commers Hugoson Mahon Pelowski Van Engen Cooper Huntley Mares Perlt Vickerman Daggett Jaros Mariani Peterson Wagenius Dauner Jefferson Marko Pugh Warkentin Davids Johnson, A. McCollum Rhodes Weaver Dawkins Johnson, R. McElroy Rice Wejcman Dehler Johnson, V. McGuire Rostberg Wenzel Delmont Kahn Milbert Rukavina Winter Dempsey Kalis Molnau Sarna Wolf Dorn Kelley Mulder Schumacher Worke Entenza Kelso Munger Seagren Workman Erhardt Kinkel Murphy Simoneau Sp.Anderson,I Farrell Knight Ness SkoglundThose who voted in the negative were:
KoppendrayerThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 651, A bill for an act relating to probate; clarifying and correcting provisions of the uniform probate code; expanding authority for safe deposit box searches, division and merger of trusts, and granting of power-of-attorney to spouses in certain cases; amending Minnesota Statutes 1994, sections 55.10, subdivision 4; 501B.16; 501B.71, by adding a subdivision; 507.02; 519.06; 519.07; 519.11, subdivision 2; 523.23, subdivision 1; 523.24, subdivision 1; 524.1-201; 524.2-508; 524.3-914; 524.3-916; 524.3-1001; 524.3-1008; 524.3-1201; 524.3-1202; and 524.3-1203; proposing coding for new law in Minnesota Statutes, chapters 501B; and 524; repealing Minnesota Statutes 1994, sections 525.145; and 525.51.
Patrick E. Flahaven, Secretary of the Senate
Macklin moved that the House concur in the Senate amendments to H. F. No. 651 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 651, A bill for an act relating to probate; clarifying and correcting provisions of the uniform probate code; expanding authority for safe deposit box searches, division and merger of trusts, and granting of power-of-attorney to spouses in certain cases; amending Minnesota Statutes 1994, sections 55.10, subdivision 4; 501B.16; 501B.71, by adding a subdivision; 507.02; 519.06; 519.07; 519.11, subdivision 2; 523.23, subdivision 1; 523.24, subdivision 1; 524.1-201; 524.2-508; 524.3-914; 524.3-916; 524.3-1001; 524.3-1008; 524.3-1201; 524.3-1202; and 524.3-1203; proposing coding for new law in Minnesota Statutes, chapters 501B; and 524; repealing Minnesota Statutes 1994, sections 525.145; and 525.51.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Abrams Finseth Knoblach Ness Simoneau Anderson, B. Garcia Koppendrayer Olson, E. Skoglund Bakk Girard Kraus Olson, M. Smith Bertram Goodno Krinkie Onnen Solberg Bettermann Greenfield Larsen Opatz Stanek Bishop Greiling Leighton Orenstein Sviggum Boudreau Haas Leppik Orfield Swenson, D. Bradley Hackbarth Lieder Osskopp Swenson, H. Broecker Harder Lindner Osthoff Sykora Brown Hasskamp Long Ostrom Tomassoni Carlson Hausman Lourey Otremba Tompkins Carruthers Holsten Luther Ozment Trimble Clark Hugoson Lynch Paulsen Tuma Commers Huntley Macklin Pawlenty Tunheim Cooper Jaros Mahon Pellow Van Engen Daggett Jefferson Mares Pelowski Vickerman Dauner Jennings Mariani Perlt Warkentin Davids Johnson, A. Marko Peterson Weaver Dawkins Johnson, R. McCollum Pugh Wejcman Dehler Johnson, V. McElroy Rhodes Wenzel Delmont Kahn McGuire Rice Winter Dempsey Kalis Milbert Rostberg Wolf Dorn Kelley Molnau Rukavina Worke Entenza Kelso Mulder Sarna Workman Erhardt Kinkel Munger Schumacher Sp.Anderson,I Farrell Knight Murphy SeagrenThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 1856, A bill for an act relating to education; appropriating money for education and related purposes to the higher education services office, the state board of technical colleges, state board for community colleges, state university board, board of regents of the University of Minnesota, and Mayo Medical Foundation, with certain conditions; altering requirements for the youth works program; modifying appropriations for instructional services; imposing conditions on participation in post-secondary enrollment options; removing requirements for certain reports; establishing a semester system and common calendar; requiring administrative interaction with students; modifying use of education institution data; extending time for POST board funding change; requiring review of Akita program; requiring efficiency in use of facilities; establishing a model instruction program in translating and interpreting services; requiring distribution of career planning and job placement information; prohibiting student discipline for speech or communication; abolishing the higher education coordinating board and transferring its duties; creating the higher education service office and higher education administrators council; prescribing changes in certain financial assistance programs; repealing the merger of the community colleges, state universities, and technical colleges; abolishing the higher education board; amending Minnesota Statutes 1994, sections 121.707, subdivisions 2 and 3; 121.709; 126.56; 126.663, subdivision 3; 126A.02, subdivision 2; 135A.031, subdivision 2; 135A.12, subdivision 1; 135A.15, subdivision 1; 135A.153, subdivision 1; 136.172; 136A.01; 136A.03; 136A.07; 136A.08; 136A.101, subdivisions 2,
3, 5, 7, 8, and 10; 136A.121, subdivisions 5, 6, and 9; 136A.125, subdivision 6; 136A.1359, subdivisions 1, 2, and 3; 136A.15, subdivisions 3 and 4; 136A.16, subdivision 1; 136A.233, subdivision 2; 136A.26, subdivisions 1 and 2; 136A.42; 136A.62, subdivision 2; 136A.63; 136A.69; 136A.81, subdivision 1; 141.25, subdivision 8; 144.1487, subdivision 1; 144.1488, subdivisions 1 and 4; 144.1489, subdivisions 1, 3, and 4; 144.1490; 144.1491, subdivision 2; 298.2214, subdivision 5; and 363.03, subdivision 5; Laws 1986, chapter 398, article 1, section 18, as amended; and Laws 1993, First Special Session chapter 2, article 1, section 2, subdivision 3, and section 9, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; and 136E; repealing Minnesota Statutes 1994, sections 135A.052, subdivisions 2 and 3; 135A.08; 135A.09; 135A.10; 135A.11; 135A.12, subdivision 5; 136A.02; 136A.04; 136A.041; 136A.125, subdivision 5; 136A.1352; 136A.1353; 136A.1354; 136A.16, subdivision 11; 136A.85; 136A.86; 136A.87; 136A.88; 136E.01; 136E.02; 136E.021; 136E.03; 136E.04; 136E.05; 136E.31; 136E.395; 136E.525; 136E.692; 137.31, subdivision 6; 137.35, subdivision 4; 137.38; 144.1488, subdivision 2; and 148.236; Laws 1991, chapter 356, article 9, as amended; and Laws 1994, chapter 532, articles 5, sections 1, 2, and 3; and 7, section 9.
Patrick E. Flahaven, Secretary of the Senate
Kelso moved that the House refuse to concur in the Senate amendments to H. F. No. 1856, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 1092, 135, 738, 973, 1404, 708 and 1188.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 342, 799, 1051, 243 and 1204.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 1092, A bill for an act relating to public safety; clarifying duties of the office of crime victim ombudsman; amending Minnesota Statutes 1994, sections 611A.73, subdivision 3; and 611A.74.
The bill was read for the first time and referred to the Committee on Judiciary Finance.
S. F. No. 135, A bill for an act relating to health occupations and professions; board of psychology; eliminating the written declaration of intent filing requirement for persons with a master's degree who are seeking licensure as a licensed psychologist; amending Minnesota Statutes 1994, section 148.921, subdivision 2.
The bill was read for the first time and referred to the Committee on Health and Human Services.
S. F. No. 738, A bill for an act relating to agriculture; providing for uniformity with certain federal food standards; amending Minnesota Statutes 1994, section 31.101, subdivision 9, and by adding subdivisions.
The bill was read for the first time and referred to the Committee on Agriculture.
S. F. No. 973, A bill for an act relating to insurance; automobile; permitting users of rental vehicles to benefit from lower price rental periods without losing coverage; amending Minnesota Statutes 1994, section 65B.49, subdivision 5a.
The bill was read for the first time.
McCollum moved that S. F. No. 973 and H. F. No. 1308, now on Special Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1404, A bill for an act relating to insurance; regulating reinsurance intermediaries; providing for the investment of funds held by reinsurance intermediaries; amending Minnesota Statutes 1994, sections 60A.715; and 60A.73, subdivision 4.
The bill was read for the first time.
Pugh moved that S. F. No. 1404 and H. F. No. 1617, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 708, A bill for an act relating to agriculture; changing the interest rate on the shared savings loan program; amending Minnesota Statutes 1994, section 17.115, subdivision 2.
The bill was read for the first time.
Swenson, H., moved that S. F. No. 708 and H. F. No. 291, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1188, A bill for an act relating to health; exempting breast-feeding from indecent exposure; amending Minnesota Statutes 1994, section 617.23; proposing coding for new law in Minnesota Statutes, chapter 145.
The bill was read for the first time.
Mulder moved that S. F. No. 1188 and H. F. No. 1369, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 342, A bill for an act relating to children; modifying liability provisions for child abuse investigations; providing for attorney fees in certain actions; providing for the establishment of protocols for investigations; prohibiting certain conflicts of interest; providing for access to data regarding determinations of maltreatment; amending Minnesota Statutes 1994, section 626.556, subdivisions 4, 5, 10, 10b, 10e, 10f, and by adding a subdivision.
The bill was read for the first time.
Sykora moved that S. F. No. 342 and H. F. No. 432, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 799, A bill for an act relating to crime prevention; clarifying the reasonable person standard for manslaughter in the first degree; clarifying certain acts that constitute murder in the first degree; amending Minnesota Statutes 1994, sections 609.185; and 609.20.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 1051, A bill for an act relating to emergency telephone services; requiring provider of cellular telephone services to include in its billings a notice regarding 911 calls; making technical changes; amending Minnesota Statutes 1994, sections 403.02, subdivision 1; 403.07, subdivision 1; and 403.09; proposing coding for new law in Minnesota Statutes, chapter 403.
The bill was read for the first time.
Vickerman moved that S. F. No. 1051 and H. F. No. 1252, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 243, A bill for an act relating to state lands; authorizing the sale of certain tax-forfeited lands bordering public waters in Dakota county to the city of Eagan.
The bill was read for the first time.
Commers moved that S. F. No. 243 and H. F. No. 474, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1204, A bill for an act relating to insurance; no-fault auto; regulating rental vehicle coverages; determining when a vehicle is rented; modifying the right to compensation for loss of use of a damaged rented motor vehicle; providing for limits of liability for motor vehicle lessors; amending Minnesota Statutes 1994, section 65B.49, subdivision 5a.
The bill was read for the first time.
Simoneau moved that S. F. No. 1204 and H. F. No. 1178, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
On the motion of Rice and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Abrams Girard Krinkie Opatz Sviggum Anderson, B. Goodno Larsen Orenstein Swenson, D. Bakk Greenfield Leighton Orfield Swenson, H. Bertram Greiling Leppik Osskopp Sykora Bettermann Haas Lieder Osthoff Tomassoni Bishop Hackbarth Lindner Ostrom Tompkins Boudreau Harder Long Otremba Trimble Bradley Hasskamp Lourey Ozment Tuma Broecker Hausman Luther Paulsen Tunheim Brown Holsten Lynch Pawlenty Van Dellen Carlson Hugoson Macklin Pellow Van Engen Carruthers Huntley Mahon Pelowski Vickerman Clark Jaros Mares Perlt Wagenius Commers Jefferson Mariani Peterson Warkentin Cooper Jennings Marko Pugh Weaver Daggett Johnson, A. McCollum Rhodes Wejcman Dauner Johnson, R. McElroy Rice Wenzel Davids Johnson, V. McGuire Rostberg Winter Dawkins Kahn Milbert Rukavina Wolf Dempsey Kalis Molnau Sarna Worke Dorn Kelley Mulder Schumacher Workman Entenza Kelso Munger Seagren Sp.Anderson,I Erhardt Kinkel Murphy Simoneau Farrell Knight Ness Skoglund Finseth Knoblach Olson, E. Smith Frerichs Koppendrayer Olson, M. Solberg Garcia Kraus Onnen StanekCarruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. Nos. 1670 and 106.
S. F. No. 1670 was reported to the House.
McGuire and Johnson, R., moved to amend S. F. No. 1670, the unofficial engrossment, as follows:
Page 34, after line 21, insert:
"Section 52. [178.20] [LABOR EDUCATION ADVANCEMENT GRANT PROGRAM.]
The commissioner shall establish the labor education advancement grant program for the purpose of facilitating the participation of minorities and women in apprenticeable trades and occupations. Interested organizations shall
apply for the grants in a form prescribed by the commissioner, with grants awarded to community-based organizations on a competitive request-for-proposal basis. As part of the application process, applicants must provide a statement of need for the grant, a description and budget of activities to be funded by the grant, a description of the targeted population and apprenticeship opportunities, evidence supporting the ability to deliver services, information related to coordinating grant activities with other employment and training programs, identification of matching funds, and performance objectives. Each submitted application shall be evaluated for effectiveness and completeness of the proposed grant activity."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Clark, Ozment, Ostrom, Tunheim, Hasskamp, Dauner, Kalis, Lieder, Kinkel, Otremba, Peterson and Smith moved to amend S. F. No. 1670, the unofficial engrossment, as amended, as follows:
Page 32, line 14, delete "they are hired to work" and insert "they are hired for work"
Page 32, lines 17 to 19, delete "For purposes of this section, a poverty level wage on an annualized basis is equal to 100 percent of the federal poverty level for a family of four." and insert "For purposes of this section "poverty level wage" means the hourly wage necessary for an employee working 40 hours a week, 52 weeks a year, to earn an annual wage equal to 100 percent of the federal poverty level for a family of four. Poverty level wage includes the employer's share of any health and dental coverage."
The motion prevailed and the amendment was adopted.
Cooper, Peterson and Trimble moved to amend S. F. No. 1670, the unofficial engrossment, as amended, as follows:
Page 34, line 31, after "biomass" insert "scheduled" and after "31," delete "2000" and insert "2001"
Page 34, line 33, after "generated" insert "scheduled"
The motion prevailed and the amendment was adopted.
Cooper, Peterson and Trimble moved to amend S. F. No. 1670, the unofficial engrossment, as amended, as follows:
Page 23, delete lines 7 to 28 and insert:
"Sec. 36. [WASTE WOOD COGENERATION FACILITIES; BIOMASS MANDATE.]
Electric energy produced at a cogeneration facility which utilizes waste wood as a primary fuel source may also count toward satisfaction of the amount of biomass energy required by Minnesota Statutes, section 216B.2424, clause (2), provided that:
(1) the cogeneration facility utilizes nonhazardous tree trimmings and other nonhazardous waste wood, including, but not limited to, wood that would otherwise be landfilled or burned in a process not designed to reclaim and use the energy contained therein as a primary fuel source; and
(2) the cogenerated thermal load of such facility replaces a thermal load produced by nonrenewable fuels; and
(3) construction of the cogeneration facility begins after August 1, 1995.
All projects seeking to satisfy the biomass mandate of Minnesota Statutes, section 216B.2424, in whole or in part must be selected in a competitive bidding process or such other selection process approved by the public utilities commission."
Page 34, line 35, after "section," delete the rest of the line
Page 34, delete line 36
Page 35, line 1, delete everything before "no"
Page 35, line 2, after the period, insert "Of the 75 megawatts of biomass electric energy installed capacity required under clause (2), no more than 31 megawatts of this capacity may be provided by cogeneration facilities utilizing waste wood as a primary fuel source."
The motion prevailed and the amendment was adopted.
Haas; Weaver; Lynch; Boudreau; Sykora; Molnau; Seagren; McElroy; Tompkins; Abrams; Paulsen; Warkentin; Kraus; Broecker; Frerichs; Bradley; Mulder; Knoblach; Dehler; Hackbarth; Van Engen; Van Dellen; Koppendrayer; Daggett; Davids; Swenson, D.; Osskopp; Leppik; Johnson, V.; Hugoson; Greiling; Erhardt; Bettermann; Swenson, H.; Worke; Vickerman; Pawlenty; Larsen; Girard; Rhodes; Sviggum; Pellow; Harder; Mares; Lindner; Workman; Dempsey; Commers and Stanek moved to amend S. F. No. 1670, the unofficial engrossment, as amended, as follows:
Page 27, delete section 42
Page 50, line 2, delete "5 and" and insert "2 to" and delete everything after the period
Page 50, delete line 3
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Haas et al amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 66 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Krinkie Osthoff Tompkins Anderson, B. Girard Larsen Ozment Tuma Bettermann Goodno Leppik Paulsen Van Dellen Bishop Greiling Lindner Pawlenty Van Engen Boudreau Haas Lynch Pellow Vickerman Bradley Hackbarth Macklin Rhodes Warkentin Broecker Harder Mares Rostberg Weaver Commers Holsten McElroy Seagren Wolf Daggett Hugoson Molnau Smith Worke Davids Johnson, V. Mulder Stanek Workman Dehler Knight Ness Sviggum Dempsey Knoblach Olson, M. Swenson, D. Erhardt Koppendrayer Onnen Swenson, H. Finseth Kraus Osskopp SykoraThose who voted in the negative were:
Bakk Greenfield Leighton Orenstein Skoglund Bertram Hasskamp Lieder Orfield Solberg Brown Hausman Long Ostrom Tomassoni Carlson Huntley Lourey Otremba Trimble Carruthers Jaros Luther Pelowski Tunheim Clark Jefferson Mahon Perlt Wagenius Cooper Jennings Mariani Peterson WejcmanThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 47th Day - Top of Page 3025
Dauner Johnson, A. Marko Pugh Wenzel Dawkins Johnson, R. McCollum Rest Winter Delmont Kahn McGuire Rice Sp.Anderson,I Dorn Kalis Milbert Rukavina Entenza Kelley Murphy Sarna Farrell Kelso Olson, E. Schumacher Garcia Kinkel Opatz Simoneau
Osskopp offered an amendment to S. F. No. 1670, the unofficial engrossment, as amended.
Carruthers raised a point of order pursuant to rule 3.09 that the Osskopp amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
S. F. No. 1670, A bill for an act relating to the organization and operation of state government; appropriating money for community development and certain agencies of state government, with certain conditions; establishing and modifying certain programs; providing for regulation of certain activities and practices; providing for accounts, assessments, and fees; requiring studies and reports; amending Minnesota Statutes 1994, sections 116J.873, subdivision 3, and by adding subdivisions; 116M.16, subdivision 2; 116M.18, subdivisions 4, 5, and by adding a subdivision; 116N.03, subdivision 2; 116N.08, subdivisions 5, 6, and by adding a subdivision; 124.85, by adding a subdivision; 175.171; 268A.01, subdivisions 4, 5, 6, 9, and 10; 268A.03; 268A.06, subdivision 1; 268A.07; 268A.08, subdivisions 1 and 2; 268A.13; 462A.201, subdivision 2; 462A.204, subdivision 1; and 462A.21, subdivisions 3b, 8b, 21, and by adding a subdivision; Laws 1994, chapter 643, section 19, subdivision 9; proposing coding for new law in Minnesota Statutes, chapters 178; 268A; and 462A; repealing Minnesota Statutes 1994, sections 116J.874, subdivision 6; 268A.01, subdivisions 7, 11, and 12; and 268A.09.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 74 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Bakk Garcia Kinkel Opatz Sarna Bertram Greenfield Leighton Orenstein Schumacher Brown Greiling Lieder Orfield Simoneau Carlson Hasskamp Long Osthoff Skoglund Carruthers Hausman Lourey Ostrom Solberg Clark Huntley Luther Otremba Tomassoni Cooper Jaros Mahon Ozment Trimble Dauner Jefferson Mariani Pelowski Tunheim Davids Jennings Marko Perlt Wagenius Dawkins Johnson, A. McCollum Peterson Wejcman Delmont Johnson, R. McGuire Pugh Wenzel Dorn Kahn Milbert Rest Winter Entenza Kalis Munger Rhodes Wolf Farrell Kelley Murphy Rice Sp.Anderson,I Frerichs Kelso Olson, E. RukavinaThose who voted in the negative were:
Abrams Finseth Kraus Olson, M. Swenson, H. Anderson, B. Girard Krinkie Onnen Sykora Bettermann Goodno Larsen Osskopp Tompkins Bishop Haas Leppik Paulsen Tuma Boudreau Hackbarth Lindner Pawlenty Van Dellen Bradley Harder Lynch Pellow Van EngenThe bill was passed, as amended, and its title agreed to.
JOURNAL OF THE HOUSE - 47th Day - Top of Page 3026
Broecker Holsten Macklin Rostberg Vickerman Commers Hugoson Mares Seagren Warkentin Daggett Johnson, V. McElroy Smith Weaver Dehler Knight Molnau Stanek Worke Dempsey Knoblach Mulder Sviggum Workman Erhardt Koppendrayer Ness Swenson, D.
S. F. No. 106 was reported to the House.
Hugoson moved to amend S. F. No. 106, the unofficial engrossment, as follows:
Page 55, line 24, after "for" insert "violations of sections 31.161 through 31.165 or"
Page 55, line 30, delete the second "a"
Page 55, delete line 31
Page 55, line 32, delete "that violated a statute in paragraph (b)" and insert "adulteration or misbranded foods that result in a food being recalled from commerce"
Page 55, line 35, after the period, insert "The department, upon request of the food handler, shall provide, within a reasonable time, an estimate of the anticipated cost for resolving the food safety emergency."
The motion prevailed and the amendment was adopted.
Rukavina moved to amend S. F. No. 106, the unofficial engrossment, as amended, as follows:
Page 91, after line 34, insert:
"Sec. 77. Minnesota Statutes 1994, section 115.03, subdivision 5, is amended to read:
Subd. 5. [AGENCY AUTHORITY; NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.] (a) Notwithstanding any other provisions prescribed in or pursuant to this chapter and, with respect to the pollution of waters of the state, in chapter 116, or otherwise, the agency shall have the authority to perform any and all acts minimally necessary including, but not limited to, the establishment and application of standards, procedures, rules, orders, variances, stipulation agreements, schedules of compliance, and permit conditions, consistent with and, therefore not less stringent than the provisions of the Federal Water Pollution Control Act, as amended, applicable to the participation by the state of Minnesota in the National Pollutant Discharge Elimination System (NPDES); provided that this provision shall not be construed as a limitation on any powers or duties otherwise residing with the agency pursuant to any provision of law.
(b) Beginning July 1, 1995, unless specifically required or approved by the legislature, the agency may not adopt or enforce a new water quality standard that is:
(1) more stringent than is necessary to comply with federal law or
(2) not required under federal law."
Renumber the sections in sequence
Correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Rukavina amendment and the roll was called. There were 65 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Finseth Knight Onnen Swenson, H. Bakk Frerichs Knoblach Osskopp Tomassoni Bertram Garcia Koppendrayer Osthoff Tunheim Bettermann Girard Kraus Otremba Van Engen Boudreau Goodno Lieder Paulsen Wenzel Bradley Haas Lindner Pellow Winter Brown Hackbarth Luther Pelowski Worke Daggett Harder Macklin Perlt Workman Dauner Hugoson Milbert Rostberg Sp.Anderson,I Davids Jefferson Molnau Rukavina Dehler Jennings Mulder Smith Delmont Johnson, R. Ness Solberg Dorn Kalis Olson, E. Sviggum Farrell Kinkel Olson, M. Swenson, D.Those who voted in the negative were:
Abrams Hasskamp Long Orfield Stanek Bishop Hausman Lourey Ostrom Sykora Broecker Holsten Lynch Ozment Tompkins Carlson Huntley Mahon Pawlenty Trimble Carruthers Jaros Mares Peterson Tuma Clark Johnson, A. Mariani Pugh Van Dellen Commers Johnson, V. Marko Rest Vickerman Cooper Kahn McCollum Rhodes Wagenius Dawkins Kelley McElroy Rice Warkentin Dempsey Kelso McGuire Sarna Weaver Entenza Krinkie Munger Schumacher Wejcman Erhardt Larsen Murphy Seagren Wolf Greenfield Leighton Opatz Simoneau Greiling Leppik Orenstein SkoglundThe motion did not prevail and the amendment was not adopted.
Bakk moved to amend S. F. No. 106, the unofficial engrossment, as amended, as follows:
Page 89, delete lines 14 to 16, and insert:
"(c) A licensed firearms hunter who fails to tag a deer during the firearms season may tag a deer during the muzzle-loading firearms season by buying another firearms license and hunting by muzzle-loader. A license to hunt in the muzzle-loader season must be purchased before the opening day of the muzzle-loader season."
The motion prevailed and the amendment was adopted.
Leighton and Bertram moved to amend S. F. No. 106, the unofficial engrossment, as amended, as follows:
Page 111, after line 27, insert:
"Sec. 100. [USED MOTOR OIL AND OIL FILTERS; STUDY.]
The office of environmental assistance with the cooperation of affected retailers, shall conduct a study of the impacts of section 91 of this act, including:
(1) the impacts on retailers subject to the requirements of that section;
(2) the likelihood that an increase in the amount of used motor oil and used oil filters collected will result and the expected magnitude of that increase;
(3) the geographical distribution of any expected increase in the collection of used oil and used oil filters; and
(4) whether the costs of the collection requirement is commensurate with the expected increase in collection.
The office shall submit its findings and recommendations to the chairs of the house and senate environment and natural resource committees by January 1, 1996."
Page 111, line 36, delete "and 89 to 92" and insert "89, and 92" and after the period, insert "Sections 90 and 91 are effective July 1, 1996."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Hackbarth, Ozment and Johnson, V., moved to amend S. F. No. 106, the unofficial engrossment, as amended, as follows:
Page 103, delete lines 16 to 36 and insert:
"(a) Any person selling at retail or offering motor oil or motor oil filters for retail sale in this state shall:
(1) post a notice indicating the nearest location, or a location within ten miles of the point of sale, where used motor oil and used motor oil filters may be returned for recycling or reuse for which there is an agreement with that business to be listed on the notice; or
(2) provide a collection tank at the point of sale for the deposit and collection of used motor oil and post a notice of the availability of the tank; or
(3) post a notice with the toll free number at the office of environmental assistance which will provide consumers with a listing of the nearest location where used motor oil may be returned for recycling or reuse.
(b) A notice under paragraph (a) shall be posted on or adjacent to the motor oil and motor oil filter display itself, be at least 8-1/2 inches by 11 inches in size, contain the universal recycling symbol with the following language:
(1) "It is illegal to put used oil and used motor oil filters in the garbage.";
(2) "Recycle your used oil and used motor oil filters.";
(3) "To find the nearest used oil collection site, call the Office of Environmental Assistance toll-free at (telephone number)."; and
(3) (4) (i) "There is a collection tank here for
your used oil and used motor oil filters."; or
(ii) "The nearest collection tank for used oil and used motor oil filters is located at (name of business and address)."
(c) The division of weights and measures under the department of public service shall enforce compliance of this section as provided in section 239.54. The pollution control agency shall enforce compliance with this section under sections 115.071 and 116.072 in coordination with the division of weights and measures.
(d) The office of environmental assistance shall prepare a list of the used oil collection sites by zip code and update the list every six months. The office of environmental assistance shall provide a toll-free number for consumers to call to obtain information on proper disposal of used oil and waste oil filters, and the nearest collection sites."
Page 104, delete lines 1 to 12
Page 104, delete lines 15 to 36 and insert:
"Subdivision 1. [COLLECTION.] (a) Locations which accept used motor oil may accept from the public up to ten gallons of used motor oil and ten used motor oil filters per person per month during normal hours of operation unless: (1) the used motor oil is known to be contaminated with antifreeze, other hazardous waste, or other materials
which may increase the cost of used motor oil management and disposal; (2) their storage equipment for that particular waste if temporarily filled to capacity; or (3) the used motor oil or used motor oil filters are from a business."
Page 105, delete lines 1 to 5
Page 105, line 6, delete "(c)" and insert "(b)"
Page 105, delete lines 18 to 22
Page 105, line 23, delete "(e)" and insert "(c)"
Page 105, line 35, after "public" delete the rest of the line
Page 105, line 36, delete everything before "must"
Page 106, delete lines 29 to 31
This act is effective July 1, 1996.
A roll call was requested and properly seconded.
The question was taken on the Hackbarth et al amendment and the roll was called. There were 63 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Krinkie Osskopp Sykora Anderson, B. Frerichs Larsen Ozment Tompkins Bettermann Girard Leppik Paulsen Tuma Bishop Goodno Lindner Pawlenty Van Dellen Boudreau Haas Lynch Pellow Van Engen Bradley Hackbarth Macklin Rhodes Vickerman Broecker Harder Mares Rostberg Warkentin Commers Holsten McElroy Seagren Weaver Daggett Hugoson Molnau Smith Wolf Davids Johnson, V. Mulder Stanek Worke Dehler Knight Olson, E. Sviggum Workman Dempsey Koppendrayer Olson, M. Swenson, D. Erhardt Kraus Onnen Swenson, H.Those who voted in the negative were:
Bakk Greiling Leighton Orenstein Skoglund Bertram Hasskamp Lieder Orfield Solberg Brown Hausman Long Osthoff Tomassoni Carlson Huntley Lourey Ostrom Trimble Carruthers Jaros Luther Otremba Tunheim Clark Jefferson Mahon Pelowski Wagenius Cooper Jennings Mariani Perlt Wejcman Dauner Johnson, A. Marko Peterson Wenzel Dawkins Johnson, R. McCollum Pugh Winter Delmont Kahn McGuire Rest Sp.Anderson,I Dorn Kalis Milbert Rice Entenza Kelley Munger Rukavina Farrell Kelso Murphy Sarna Garcia Kinkel Ness Schumacher Greenfield Knoblach Opatz SimoneauThe motion did not prevail and the amendment was not adopted.
Sviggum moved to amend S. F. No. 106, the unofficial engrossment, as amended, as follows:
Page 12, line 42, delete "to restore" and insert "for"
Page 12, line 44, delete everything before the period
A roll call was requested and properly seconded.
The question was taken on the Sviggum amendment and the roll was called. There were 53 yeas and 80 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Koppendrayer Osskopp Tuma Anderson, B. Finseth Kraus Paulsen Van Dellen Bettermann Frerichs Krinkie Pawlenty Van Engen Bishop Girard Lindner Pellow Vickerman Boudreau Goodno Lynch Seagren Warkentin Bradley Haas Macklin Simoneau Weaver Broecker Harder McElroy Smith Wolf Commers Hugoson Molnau Stanek Worke Daggett Jennings Mulder Sviggum Workman Davids Knight Olson, M. Sykora Dempsey Knoblach Onnen TompkinsThose who voted in the negative were:
Bakk Greiling Larsen Ness Rostberg Bertram Hackbarth Leighton Olson, E. Rukavina Brown Hasskamp Leppik Opatz Sarna Carlson Hausman Lieder Orenstein Schumacher Carruthers Holsten Long Orfield Skoglund Clark Huntley Lourey Osthoff Solberg Cooper Jaros Luther Ostrom Swenson, D. Dauner Jefferson Mahon Otremba Swenson, H. Dawkins Johnson, A. Mares Ozment Tomassoni Dehler Johnson, R. Mariani Pelowski Trimble Delmont Johnson, V. Marko Perlt Tunheim Dorn Kahn McCollum Peterson Wagenius Entenza Kalis McGuire Pugh Wejcman Farrell Kelley Milbert Rest Wenzel Garcia Kelso Munger Rhodes Winter Greenfield Kinkel Murphy Rice Sp.Anderson,IThe motion did not prevail and the amendment was not adopted.
Girard moved to amend S. F. No. 106, the unofficial engrossment, as amended, as follows:
Page 98, delete lines 15 to 23, and insert:
"Sec. 83. Minnesota Statutes 1994, section 177.41, is amended to read:
177.41 [STATE PROJECTS AND STATE HIGHWAY CONSTRUCTION; PUBLIC POLICY.]
It is in the public interest that public buildings and other
public works be constructed and maintained by the best means and
highest quality of labor reasonably available and that persons
working on public works be compensated according to the real
value of the services they perform. It is therefore the
policy of this state that wages of laborers, workers, and
mechanics on projects financed in whole or part by state funds
should be comparable to wages paid for similar work in the
community as a whole."
Page 111, after line 32, insert:
"Minnesota Statutes 1994, sections 116J.871, subdivisions 2 and 3; 177.42; 177.43; 177.44; and 471.345, subdivision 7, are repealed."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Girard amendment and the roll was called. There were 54 yeas and 79 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Finseth Kraus Olson, M. Sykora Bettermann Frerichs Krinkie Onnen Tompkins Bishop Girard Leppik Paulsen Tuma Boudreau Goodno Lindner Pawlenty Van Dellen Bradley Haas Lynch Pellow Van Engen Broecker Harder Macklin Rhodes Vickerman Commers Holsten Mares Rostberg Warkentin Daggett Hugoson McElroy Seagren Weaver Davids Johnson, V. Molnau Sviggum Worke Dehler Knoblach Mulder Swenson, D. Workman Erhardt Koppendrayer Ness Swenson, H.Those who voted in the negative were:
Abrams Greenfield Knight Opatz Schumacher Bakk Greiling Larsen Orenstein Simoneau Bertram Hackbarth Leighton Orfield Skoglund Brown Hasskamp Lieder Osskopp Smith Carlson Hausman Long Osthoff Solberg Carruthers Huntley Lourey Ostrom Stanek Clark Jaros Luther Otremba Tomassoni Cooper Jefferson Mahon Ozment Trimble Dauner Jennings Mariani Pelowski Tunheim Dawkins Johnson, A. Marko Perlt Wagenius Delmont Johnson, R. McCollum Peterson Wejcman Dempsey Kahn McGuire Pugh Wenzel Dorn Kalis Milbert Rest Winter Entenza Kelley Munger Rice Wolf Farrell Kelso Murphy Rukavina Sp.Anderson,I Garcia Kinkel Olson, E. SarnaThe motion did not prevail and the amendment was not adopted.
Koppendrayer moved to amend S. F. No. 106, the unofficial engrossment, as amended, as follows:
Page 17, delete lines 39 to 49
A roll call was requested and properly seconded.
The question was taken on the Koppendrayer amendment and the roll was called. There were 63 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Sykora Anderson, B. Frerichs Krinkie Osskopp Tompkins Bettermann Girard Larsen Ozment Tuma Bishop Goodno Leppik Paulsen Van Dellen Boudreau Haas Lindner Pawlenty Van Engen Bradley Hackbarth Lynch Pellow Vickerman Broecker Harder Macklin Rhodes Warkentin Commers Holsten Mares Rostberg Weaver Daggett Hugoson McElroy Seagren Wolf Davids Johnson, V. Molnau Stanek Worke Dehler Knight Mulder Sviggum Workman Dempsey Knoblach Ness Swenson, D. Erhardt Koppendrayer Olson, M. Swenson, H.Those who voted in the negative were:
Bakk Greiling Lieder Orfield Smith Bertram Hasskamp Long Osthoff Solberg Brown Hausman Lourey Ostrom Tomassoni Carlson Huntley Luther Otremba Trimble Carruthers Jaros Mahon Pelowski Tunheim Clark Jefferson Mariani Perlt Wagenius Cooper Jennings Marko Peterson Wejcman Dauner Johnson, A. McCollum Pugh Wenzel Dawkins Johnson, R. McGuire Rest Winter Delmont Kahn Milbert Rice Sp.Anderson,I Dorn Kalis Munger Rukavina Entenza Kelley Murphy Sarna Farrell Kelso Olson, E. SchumacherThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 47th Day - Top of Page 3032
Garcia Kinkel Opatz Simoneau Greenfield Leighton Orenstein Skoglund
Sykora, Broecker, McElroy, Vickerman, Mulder, Van Dellen, Harder, Paulsen and Swenson, H., moved to amend S. F. No. 106, the unofficial engrossment, as amended, as follows:
Page 10, delete lines 26 to 36 and insert:
"The commissioner of natural resources may not operate a work training program for unemployed and underemployed individuals during the biennium ending June 30, 1997, unless the terms and conditions of employment of such individuals have been negotiated and provided that no seasonal employees may be laid off or their normal season of work reduced, and the program does not exceed 30 percent of the seasonal work force."
A roll call was requested and properly seconded.
The question was taken on the Sykora et al amendment and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 60 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Koppendrayer Olson, M. Sykora Anderson, B. Finseth Kraus Onnen Tompkins Bettermann Frerichs Krinkie Orenstein Tuma Bishop Girard Larsen Osskopp Van Dellen Boudreau Goodno Leppik Paulsen Van Engen Bradley Haas Lindner Pawlenty Vickerman Broecker Harder Lynch Pellow Warkentin Commers Holsten Macklin Rhodes Weaver Daggett Hugoson McElroy Seagren Winter Davids Johnson, V. Molnau Stanek Wolf Dehler Knight Mulder Sviggum Worke Dempsey Knoblach Ness Swenson, H. WorkmanThose who voted in the negative were:
Bakk Greiling Leighton Opatz Simoneau Bertram Hackbarth Lieder Osthoff Skoglund Brown Hasskamp Long Ostrom Smith Carlson Hausman Lourey Otremba Solberg Carruthers Huntley Luther Ozment Swenson, D. Clark Jaros Mahon Pelowski Tomassoni Cooper Jefferson Mares Perlt Trimble Dauner Jennings Mariani Peterson Tunheim Dawkins Johnson, A. Marko Pugh Wagenius Delmont Johnson, R. McCollum Rest Wejcman Dorn Kahn McGuire Rice Wenzel Entenza Kalis Milbert Rostberg Sp.Anderson,I Farrell Kelley Munger Rukavina Garcia Kelso Murphy Sarna Greenfield Kinkel Olson, E. SchumacherThe motion did not prevail and the amendment was not adopted.
Sviggum and Harder moved to amend S. F. No. 106, the unofficial engrossment, as amended, as follows:
Page 98, delete section 83
Renumber the sections in sequence and correct internal references
Amend the title as follows:
Page 1, line 45, delete "177;"
A roll call was requested and properly seconded.
The question was taken on the Sviggum and Harder amendment and the roll was called. There were 58 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kraus Onnen Tompkins Anderson, B. Finseth Krinkie Osskopp Tuma Bettermann Frerichs Leppik Paulsen Van Dellen Bishop Girard Lindner Pawlenty Van Engen Boudreau Goodno Lynch Pellow Vickerman Bradley Haas Macklin Rostberg Warkentin Broecker Harder Mares Seagren Weaver Commers Holsten McElroy Stanek Wolf Daggett Hugoson Molnau Sviggum Worke Davids Johnson, V. Mulder Swenson, D. Workman Dehler Knoblach Ness Swenson, H. Dempsey Koppendrayer Olson, M. SykoraThose who voted in the negative were:
Bakk Hackbarth Leighton Orfield Skoglund Bertram Hasskamp Lieder Osthoff Smith Brown Hausman Long Ostrom Solberg Carlson Huntley Lourey Otremba Tomassoni Carruthers Jaros Luther Ozment Trimble Clark Jefferson Mahon Pelowski Tunheim Cooper Jennings Mariani Perlt Wagenius Dauner Johnson, A. Marko Peterson Wejcman Dawkins Johnson, R. McCollum Pugh Wenzel Delmont Kahn McGuire Rest Winter Dorn Kalis Milbert Rhodes Sp.Anderson,I Entenza Kelley Munger Rice Farrell Kelso Murphy Rukavina Garcia Kinkel Olson, E. Sarna Greenfield Knight Opatz Schumacher Greiling Larsen Orenstein SimoneauThe motion did not prevail and the amendment was not adopted.
Osskopp offered an amendment to S. F. No. 106, the unofficial engrossment, as amended.
McCollum raised a point of order pursuant to rule 3.09 that the Osskopp amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
Osskopp appealed the decision of the Chair.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 70 yeas and 60 nays as follows:
Those who voted in the affirmative were:
Bakk Greenfield Leighton Orenstein Skoglund Bertram Greiling Lieder Orfield Solberg Bishop Hasskamp Long Osthoff Tomassoni Brown Hausman Lourey Ostrom Trimble Carlson Huntley Luther Otremba Tunheim Carruthers Jaros Mahon Pelowski Wagenius Clark Jefferson Mariani Perlt Wejcman Cooper Jennings Marko Peterson Wenzel Dauner Johnson, A. McCollum Pugh Winter Dawkins Johnson, R. McGuire Rest Sp.Anderson,I Delmont Kahn Milbert Rice Dorn Kalis Munger Rukavina Entenza Kelley Murphy Sarna Farrell Kelso Olson, E. Schumacher Garcia Kinkel Opatz SimoneauThose who voted in the negative were:
Abrams Finseth Kraus Onnen Swenson, D. Anderson, B. Frerichs Krinkie Osskopp Swenson, H. Bettermann Girard Larsen Ozment Sykora Boudreau Goodno Leppik Paulsen Tuma Bradley Haas Lindner Pawlenty Van Dellen Broecker Hackbarth Lynch Pellow Van Engen Commers Harder Macklin Rhodes Vickerman Daggett Holsten Mares Rostberg Warkentin Davids Hugoson McElroy Seagren Weaver Dehler Knight Molnau Smith Wolf Dempsey Knoblach Mulder Stanek Worke Erhardt Koppendrayer Olson, M. Sviggum WorkmanSo it was the judgment of the House that the decision of the Speaker should stand.
Bettermann moved to amend S. F. No. 106, the unofficial engrossment, as amended, as follows:
Page 98, after line 14, insert:
"Sec. 83. Minnesota Statutes 1994, section 177.42, subdivision 4, is amended to read:
Subd. 4. [PREVAILING HOURS OF LABOR.] "Prevailing hours of
labor" means the median number of hours of labor per
day and per week worked within the area by a larger
number of workers of the same class than are employed
within the area for any other number of hours per day and per
week. The prevailing hours of labor may not be more than
eight hours per day or more than 40 hours per week.
Sec. 84. Minnesota Statutes 1994, section 177.42, subdivision 6, is amended to read:
Subd. 6. [PREVAILING WAGE RATE.] "Prevailing wage rate" means
the hourly basic rate of pay plus the contribution for health
and welfare benefits, vacation benefits, pension benefits, and
any other economic benefit paid to the largest number of
median hourly compensation paid to workers engaged in the
same class of labor within the area and includes, for the
purposes of section 177.44, rental rates for truck hire paid to
those who own and operate the truck. The median hourly
compensation includes the hourly basic rate plus the contribution
for health and welfare benefits, vacation benefits, pension
benefits, and any other economic benefit. The prevailing
wage rate may not be less than a reasonable and living wage.
All economic benefits paid to or dedicated for the benefit of
workers engaged in the same class of labor, whether pursuant to a
qualified or other formal benefit plan, or paid or dedicated by
the employer for the benefit of the worker in any other manner
must be included in the median hourly compensation for the
purposes of sections 177.41 to 177.44.
Sec. 85. Minnesota Statutes 1994, section 177.43, subdivision 1, is amended to read:
Subdivision 1. [HOURS OF LABOR.] Any contract which provides for a project must state that:
(1) no laborer or mechanic employed directly on the project work site by the contractor or any subcontractor, agent, or other person doing or contracting to do all or a part of the work of the project, is permitted or required to work
more hours than the prevailing hours of labor unless paid for all hours in excess of the prevailing hours at a rate of at least 1-1/2 times the hourly basic rate of pay, provided that the rate is only paid on hours actually worked in excess of 40 per week; and
(2) a laborer or mechanic may not be paid a lesser rate of wages than the prevailing wage rate in the same or most similar trade or occupation in the area.
Sec. 86. Minnesota Statutes 1994, section 177.43, subdivision 3, is amended to read:
Subd. 3. [SPECIFICATION, REQUEST FOR PROPOSAL, AND CONTRACT REQUIREMENTS.] The specification or request for proposal and the contract must specifically state the prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay. No prevailing wage rate is required to be paid if the prevailing wage rate has not been expressly included in the specification or request for proposal and in the contract pertaining to the project on which the prevailing wage rate is sought to be paid. A prevailing wage rate provided in a specification or request for proposal and in the contract must be applicable for the duration of the contract or the project covered by the contract, whichever is greater, irrespective of any change in the rate for the same class of labor affecting other contracts or projects.
Sec. 87. [177.431] [SURVEY REQUIREMENTS.]
The prevailing wage rate may be determined for an area only if wage rates are reported for nonpublic work in the class of labor during the survey period. No prevailing wage rate may be determined by use of data from adjoining areas or by use of data from any source other than that of an employer of workers actually performing work in the class in the area during the survey period.
Sec. 88. [177.432] [NONAPPLICATION TO INDEPENDENT CONTRACTOR.]
Prevailing wage rates are not required to be paid to any provider of services who is signatory to an independent contractor agreement unless the person has been finally determined, after an evidentiary hearing, to be an employee rather than an independent contractor under the rules for determination of employee and independent contractor status of the United States Internal Revenue Service.
Sec. 89. [177.433] [METHOD OF COLLECTION OF SURVEY DATA.]
The commissioner of the department of economic security shall require that all employers of construction workers provide quarterly wage reports under section 268.121 in a form which details the wages paid to each class of construction labor by individual project, county in which the work is performed, class of labor by individual employee, hours of labor, and the total cost or value of all economic benefits paid ancillary to wage payments. The economic benefits may not be deemed to be subject to the payment of unemployment compensation contributions. The information required in this section shall be reported to the commissioner of labor and industry for the purpose of determining the prevailing wage rate under sections 177.43, subdivision 4, and 177.44, subdivision 4."
Renumber the sections, correct internal references, and amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Bettermann amendment and the roll was called. There were 59 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Erhardt Kraus Onnen Sykora Bertram Finseth Krinkie Opatz Tompkins Bettermann Frerichs Leppik Osskopp Tuma Bishop Girard Lindner Paulsen Van Dellen Boudreau Goodno Lynch Pawlenty Van Engen Bradley Haas Macklin Pellow VickermanThose who voted in the negative were:
JOURNAL OF THE HOUSE - 47th Day - Top of Page 3036
Broecker Harder Mares Pelowski Warkentin Commers Holsten McElroy Rostberg Weaver Daggett Hugoson Molnau Seagren Winter Dauner Johnson, V. Mulder Sviggum Worke Davids Knoblach Ness Swenson, D. Workman Dehler Koppendrayer Olson, M. Swenson, H.
Abrams Greiling Knight Olson, E. Schumacher Bakk Hackbarth Larsen Orenstein Simoneau Brown Hasskamp Leighton Orfield Skoglund Carlson Hausman Lieder Osthoff Smith Carruthers Huntley Long Ostrom Solberg Clark Jaros Lourey Otremba Stanek Cooper Jefferson Luther Ozment Tomassoni Dawkins Jennings Mahon Perlt Trimble Delmont Johnson, A. Mariani Peterson Tunheim Dempsey Johnson, R. Marko Pugh Wagenius Dorn Kahn McCollum Rest Wejcman Entenza Kalis McGuire Rhodes Wenzel Farrell Kelley Milbert Rice Wolf Garcia Kelso Munger Rukavina Sp.Anderson,I Greenfield Kinkel Murphy SarnaThe motion did not prevail and the amendment was not adopted.
S. F. No. 106, A bill for an act relating to the organization and operation of state government; appropriating money for environmental, natural resource, and agricultural purposes; modifying provisions relating to disposition of certain revenues from state trust lands, sales of software, agricultural and environmental loans, food handlers, ethanol and oxygenated fuels, the citizen's council on Voyageurs National Park, local recreation grants, zoo admission charges, watercraft surcharge, water information, well sealing grants, pollution control agency fees, sale of tax-forfeited lands, and payments in lieu of taxes; establishing the Passing on the Farm Center; establishing special critical habitat license plates; authorizing establishment of a shooting area in Sand Dunes State Forest; prohibiting the adoption or enforcement of water quality standards that are not necessary to comply with federal law; abolishing the harmful substance compensation board and account; extending performance reporting requirements; providing for easements across state trails in certain circumstances; amending Minnesota Statutes 1994, sections 15.91, subdivision 1; 16A.125; 16B.405, subdivision 2; 17.117, subdivisions 2, 4, 6, 7, 8, 9, 10, 11, 14, 16, and by adding subdivisions; 28A.03; 28A.08; 41A.09, by adding subdivisions; 41B.02, subdivision 20; 41B.043, subdivisions 1b, 2, and 3; 41B.045, subdivision 2; 41B.046, subdivision 1, and by adding a subdivision; 84.631; 84.943, subdivision 3; 84B.11, subdivision 1; 85.015, by adding a subdivision; 85.019; 85A.02, subdivision 17; 86.72, subdivision 1; 86B.415, subdivision 7; 92.46, subdivision 1; 93.22; 97A.531, subdivision 1; 103A.43; 103F.725, subdivision 1a; 103H.151, by adding a subdivision; 103I.331, subdivision 4; 115.03, subdivision 5; 115A.03, subdivision 29; 115A.908, subdivision 3; 115B.20, subdivision 1; 115B.25, subdivision 1a; 115B.26, subdivision 2; 115B.41, subdivision 1; 115B.42; 115C.03, subdivision 9; 116.07, subdivision 4d, and by adding a subdivision; 116.12, subdivision 1; 116.96, subdivision 5; 116C.69, subdivision 3; 116P.11; 239.791, subdivision 8; 282.01, subdivisions 2 and 3; 282.011, subdivision 1; 282.02; 282.04, subdivision 1; 296.02, by adding a subdivision; 446A.07, subdivision 8; 446A.071, subdivision 2; 473.845, subdivision 2; 477A.11, subdivision 4; 477A.12; and 477A.14; proposing coding for new law in Minnesota Statutes, chapters 17; 28A; 89; 116; and 168; repealing Minnesota Statutes 1994, sections 28A.08, subdivision 2; 41A.09, subdivisions 2, 3, and 5; 97A.531, subdivisions 2, 3, 4, 5, and 6; 115B.26, subdivision 1; 239.791, subdivisions 4, 5, 6, and 9; 282.018; 296.02, subdivision 7; 325E.0951, subdivision 5; and 446A.071, subdivision 7; Laws 1993, chapter 172, section 10.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 113 yeas and 20 nays as follows:
Those who voted in the affirmative were:
Abrams Garcia Koppendrayer Orenstein Stanek Bakk Goodno Larsen Orfield Swenson, D. Bertram Greenfield Leighton Osskopp Swenson, H. Bishop Greiling Leppik Osthoff Sykora Boudreau Haas Lieder Ostrom Tomassoni Brown Hackbarth Long Otremba Tompkins Carlson Hasskamp Lourey Ozment Trimble Carruthers Hausman Luther Pawlenty Tuma Clark Holsten Lynch Pelowski Tunheim Cooper Hugoson Macklin Perlt Van Dellen Daggett Huntley Mahon Peterson Vickerman Dauner Jaros Mares Pugh Wagenius Davids Jefferson Mariani Rest Warkentin Dawkins Jennings Marko Rice Weaver Dehler Johnson, A. McCollum Rostberg Wejcman Delmont Johnson, R. McGuire Rukavina Wenzel Dempsey Johnson, V. Milbert Sarna WinterThose who voted in the negative were:
JOURNAL OF THE HOUSE - 47th Day - Top of Page 3037
Dorn Kahn Molnau Schumacher Wolf Entenza Kalis Munger Seagren Worke Erhardt Kelley Murphy Simoneau Workman Farrell Kelso Ness Skoglund Sp.Anderson,I Finseth Kinkel Olson, E. Smith Frerichs Knoblach Opatz Solberg
Anderson, B. Commers Kraus Mulder Pellow Bettermann Girard Krinkie Olson, M. Rhodes Bradley Harder Lindner Onnen Sviggum Broecker Knight McElroy Paulsen Van EngenThe bill was passed, as amended, and its title agreed to.
There being no objection, the order of business reverted to Reports of Standing Committees.
Solberg from the Committee on Ways and Means to which was referred:
S. F. No. 1110, A bill for an act relating to human services; appropriating money for the department of human services and health, for the veterans nursing homes board, for the health-related boards, for the council on disability, for the ombudsman for mental health and mental retardation, and for the ombudsman for families; modifying day training and habilitation services; creating the consumer support program; modifying child care programs; defining and including essential persons in determining AFDC eligibility; modifying the Minnesota Supplemental Aid program by making it consistent with the federal SSI program; modifying group residential housing; limiting the admission of certain high-functioning persons to nursing facilities; modifying hospital inflation and requiring inflation adjustments to reflect prior overpayments; modifying medical assistance disproportionate share payments; establishing hospital peer groups; establishing long-term hospital rates; modifying treatment of certain trusts; modifying treatment of assets and income for institutionalized persons; reducing the pharmacy dispensing fee; establishing pharmacy copayments in medical assistance and general assistance medical care; establishing a service allowance for certain persons denied admission to a nursing facility; increasing reimbursement rates for certain home care services provided in Anoka county; modifying certain intergovernmental transfers; clarifying the county nursing home payment adjustment; requiring a discount in general assistance medical care prepaid contracts; eliminating payment for gender reassignment services under general assistance medical care; providing a two percent rate increase for certain providers; authorizing certain demonstration projects; modifying certain parental fees; modifying medical assistance eligibility criteria for certain disabled children; modifying requirements for personal care assistants and personal care assistant organizations; modifying coverage for personal care services and reducing maximum hours of service; expanding certain services under medical assistance managed care for disabled children; authorizing certain studies; authorizing exceptions to the nursing home moratorium and modifying reimbursements for legislatively-approved exceptions; modifying requirements for hospital-attached nursing facility status; modifying nursing facility reimbursement and inflationary adjustments; establishing a contractual alternative payment system for nursing facilities; modifying reimbursement for intermediate care facilities for persons with mental retardation or related conditions; establishing transition mental health services; modifying chemical dependency treatment programs; providing Faribault and Cambridge regional human services center downsizing agreements; decreasing certain license and permit fees; modifying the licensing and inspecting of hotel, restaurant, and other food and lodging establishments; amending Minnesota Statutes 1994, sections 62A.045; 62A.046; 62A.048; 62A.27; 144.0721, by adding subdivisions; 144.122; 144.226, subdivision 1; 144A.071, subdivision 4a; 144A.33, subdivision 3; 144A.43, subdivision 3; 144A.47; 147.01, subdivision 6; 157.03; 198.003, subdivisions 3 and 4; 245.4882, subdivision 5; 245.4886, by adding a subdivision; 246.18, subdivision 4, and by adding a subdivision; 246.23, subdivision 2; 252.27, subdivision 2a; 252.292, subdivision 4; 252.46, subdivision 6, and by adding a subdivision; 254A.17, subdivision 3; 254B.05, subdivision 4; 256.025, subdivisions 1 and 2; 256.026; 256.73, subdivision 3a; 256.736, subdivisions 3 and 13; 256.74, subdivision 1; 256.9365; 256.9657, subdivision 3; 256.9685, subdivision 1b, and by adding subdivisions; 256.969, subdivisions 1, 9, 24, and by adding subdivisions; 256B.055, subdivision 12; 256B.056, by adding a subdivision; 256B.0575; 256B.0625, subdivisions 8, 8a, 13, 19a, and by adding subdivisions; 256B.0627, subdivisions 1, 2, 4, and 5; 256B.0641, subdivision 1; 256B.0911, subdivisions 4 and 7; 256B.0913, by adding subdivisions; 256B.0915, subdivision 2, and by adding a subdivision; 256B.092, subdivision 4; 256B.15, subdivisions 1a, 2, and by adding a subdivision; 256B.19, subdivisions 1c and 1d; 256B.431, subdivisions 2b, 2j, 17, 23, and by adding subdivisions; 256B.49, subdivision 1, and by adding subdivisions; 256B.501,
subdivisions 3, 3c, and by adding a subdivision; 256B.69, subdivisions 4, 5, 6, 9, and by adding subdivisions; 256D.03, subdivisions 3b, 4, and by adding a subdivision; 256D.051, subdivision 6; 256D.36, subdivision 1; 256D.385; 256D.405, subdivision 3; 256D.425, subdivision 1, and by adding a subdivision; 256D.435, subdivisions 1, 3, 4, 5, 6, and by adding a subdivision; 256D.44, subdivisions 1, 2, 3, 4, 5, and 6; 256D.45, subdivision 1; 256D.48, subdivision 1; 256H.03, subdivision 4; 256H.05, subdivision 6; 256I.04, subdivision 3; 256I.05, subdivision 1a; 393.07, subdivision 10; 501B.89, subdivision 1, and by adding a subdivision; and Laws 1993, First Special Session chapter 1, article 8, section 51, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 157; 256; and 256B; proposing coding for new law as Minnesota Statutes, chapter 144D; repealing Minnesota Statutes 1994, sections 38.161; 38.162; 144.0723, subdivision 5; 157.01; 157.02; 157.031; 157.04; 157.045; 157.05; 157.08; 157.12; 157.13; 157.14; 252.47; 256.851; 256B.501, subdivisions 3d, 3e, and 3f; 256D.35, subdivisions 14 and 19; 256D.36, subdivision 1a; 256D.37; 256D.425, subdivision 3; 256D.435, subdivisions 2, 7, 8, 9, and 10; 256D.44, subdivision 7; 256E.06, subdivisions 12 and 13; 256I.04, subdivision 1b; and Minnesota Rules, part 9500.1452, subpart 2, item B.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
Section 1. [HUMAN SERVICES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or any other fund named, to the agencies and for the purposes specified in the following sections of this article, to be available for the fiscal years indicated for each purpose. The figures "1996" and "1997" where used in this article, mean that the appropriation or appropriations listed under them are available for the fiscal year ending June 30, 1996, or June 30, 1997, respectively. Where a dollar amount appears in parentheses, it means a reduction of an appropriation.
APPROPRIATIONS BIENNIAL
1996 1997 TOTAL
General $2,416,186,000 $2,601,088,000$5,017,274,000
State Government
Special Revenue 25,546,000 26,056,00051,602,000
Metropolitan Landfill
Contingency Action Fund 193,000 193,000 386,000
Trunk Highway 1,513,000 1,513,000 3,026,000
Special Revenue 5,256,000 5,350,00010,606,000
TOTAL $2,448,694,000 $2,634,200,000$5,082,894,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. COMMISSIONER OF HUMAN SERVICES
Subdivision 1. Appropriation by Fund
General Fund
2,339,272,0002,523,000,000
Subd. 2. Finance and Management
General
22,263,000 23,455,000
[STATE TAKEOVER ACCELERATION.] Notwithstanding Minnesota Statutes, section 256.025, $800,000 of the funds appropriated for fiscal year 1996 under Minnesota Statutes, section 256.026, shall be used to reimburse the county share of project STRIDE case management and work readiness employment and training services for the first six months of calendar year 1995.
[RECEIPTS FOR SYSTEMS PROJECTS.] Appropriations and federal receipts for information system projects for MAXIS, electronic benefit system, social services information system, child support enforcement, and Minnesota medicaid information system (MMIS II) must be deposited in the state system account authorized in Minnesota Statutes, section 256.014. Money appropriated for computer projects approved by the information policy office, funded by the legislature, and approved by the commissioner of finance may be transferred from one project to another and from development to operations as the commissioner of human services considers necessary. Any unexpended balance in the appropriation for these projects does not cancel but is available for ongoing development and operations.
[COMMUNICATION COSTS.] The commissioner of human services shall continue to operate the special revenue fund account established in Laws 1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared communication costs necessary for the operation of the programs the commissioner supervises. The commissioner may distribute the costs of operating and maintaining communication systems to participants in a manner that reflects actual system usage. Costs may include acquisition, licensing, insurance, maintenance, repair, staff time, and other direct costs as determined by the commissioner. The commissioner may accept on behalf of the state any gift, bequest, devise, or personal property of any kind or money tendered to the state for any purpose pertaining to the communication activities of the department. Any money so received must be deposited in the state communication systems account. Money collected by the commissioner for the use of communication systems must be deposited in the state communication systems account and is appropriated to the commissioner for purposes of this section.
[ISSUANCE OPERATIONS CENTER.] Payments to the commissioner of human services from other governmental units and private enterprises for (1) services performed by the issuance operations center or (2) reports generated by the payment and eligibility systems must be deposited in the state systems account authorized in Minnesota Statutes, section 256.014. These payments are appropriated to the commissioner for the operation of the issuance center or system, in accordance with Minnesota Statutes, section 256.014.
[SOCIAL SERVICES INFORMATION PROJECT.] If the commissioner of human services proceeds with the development and implementation of the social services information system (SSIS), the commissioner shall report annually by February 1 on the status of the project to the chairs of the house health and human services committee and of the senate health care and family services
committees. This report must include an explanation of the linkages between the SSIS and the MAXIS and MMIS computer systems. The SSIS project must not result in an increase in the permanent staff of the department of human services.
[PRINTING COSTS.] In order to reduce printing costs, the commissioner of human services shall solicit bids for printing from inmate work programs operated by the department of corrections.
Subd. 3. Life Skills Self-Sufficiency
General
64,503,000 120,872,000
[SILS TRANSFER.] (a) For the purpose of transferring certain persons from the semi-independent living services (SILS) program to the home and community-based waivered services program for persons with mental retardation or related conditions, the amount of funds transferred between the SILS account or the state community social services account and the state medical assistance account shall be based on each county's participation in transferring persons to the waivered services program. No person for whom these funds are transferred shall be required to obtain a new living arrangement, notwithstanding Minnesota Statutes, section 252.28, subdivision 3, paragraph (4), and Minnesota Rules, parts 9525.1800, subpart 25a, and 9525.1869, subpart 6. When supported living services are provided to persons for whom these funds are transferred, the commissioner may substitute the licensing standards of Minnesota Rules, parts 9525.0500 to 9525.0660, for parts 9525.2000 to 9525.2140, if the services remain nonresidential as defined in Minnesota Statutes, section 245A.02, subdivision 10. For the purposes of Minnesota Statutes, chapter 256G, when a service is provided under these substituted licensing standards, the status of residence of the recipient of that service shall continue to be considered excluded time.
(b) Contingent upon continuing federal approval of expanding eligibility for home and community-based services for persons with mental retardation or related conditions, the commissioner shall reduce the state SILS payments to each county by the total medical assistance expenditures for nonresidential services attributable to former SILS recipients transferred by the county to the home and community-based services program for persons with mental retardation or related conditions. Of the reduced SILS payments determined above, the commissioner shall transfer to the state medical assistance account an amount equal to the nonfederal share of the nonresidential services under the home and community-based services for persons with mental retardation or related conditions. Of the remaining reduced SILS payments, 80 percent shall be returned to the SILS grant program to provide additional SILS services and 20 percent shall be transferred to the general fund.
[LOCAL PLANNING GRANTS.] Money appropriated for local planning grants as part of developmental disabilities pilot programs in fiscal year 1996 does not cancel, but is available for the same purpose in fiscal year 1997.
[NEW ICF/MR.] For the fiscal year ending June 30, 1996, a newly constructed or newly established intermediate care facility for
persons with mental retardation that is developed and financed during that period shall not be subject to the equity requirements in Minnesota Statutes, section 256B.501, subdivision 11, paragraph (d), or to Minnesota Rules, part 9553.0060, subpart 3, item F, provided that the provider's interest rate does not exceed the interest rate available through state agency tax exempt financing.
[ICF/MR RECEIVERSHIP.] For the fiscal year ending June 30, 1996, if a facility which is in receivership under Minnesota Statutes, section 245A.12 or 245A.13, is sold to an unrelated organization: (a) the facility shall be considered a newly established facility for rate setting purposes, notwithstanding any provisions to the contrary in Minnesota Statutes, section 256B.501, subdivision 11; and (b) the facility's historical basis for the physical plant, land, and land improvements for each facility must not exceed the prior owner's aggregate historical basis for these same assets for each facility. The allocation of the purchase price between land, land improvements, and physical plant shall be based on the real estate appraisal using the depreciated replacement cost method.
[CHEMICAL DEPENDENCY RATE FREEZE.] Beginning January 1, 1996, rates for chemical dependency treatment services provided according to Minnesota Statutes, chapter 254B, shall be the same as those rates negotiated according to Minnesota Statutes, section 254B.03, subdivision 1, paragraph (b), and effective January 1, 1995. Rates for vendors under Minnesota Statutes, chapter 254B, who are enrolled after January 1, 1995, shall not be higher than the statewide average rate for vendors licensed at the same level of care. Counties and providers shall not negotiate an increase in rates between January 1, 1995, and December 31, 1997.
[GRH TO CSSA TRANSFER.] For the fiscal year ending June 30, 1995, the commissioner may transfer funds from the group residential housing (GRH) account to county community social services act (CSSA) grants to provide continuous funding for persons no longer eligible for GRH payments for the following reasons: they reside in a setting with only a semi-independent living services license; or they reside in family foster care settings and have become ineligible for GRH difficulty of care payments due to receipt of mental retardation/related conditions waivered services. The amount to be transferred must not exceed the amount of GRH payments for actual residents in the affected GRH settings during the fiscal year 1995. The amount transferred is to be added to the affected county's CSSA base. This paragraph is effective the day following final enactment.
[COUNTY MAINTENANCE-MEALS-AGING.] The supplemental funding for nutrition programs serving counties where congregate and home-delivered meals were locally financed prior to participation in the nutrition program of the Older Americans Act shall be awarded at no less than the same levels as in fiscal year 1995.
[SOCS FUNDING CARRYOVER.] Any unexpended funds from the fiscal year 1994-1995 biennium in the SOCS supplemental appropriation shall be carried over to the fiscal year 1996-1997 biennium and may be used to finance the cost of development of SOCS.
Subd. 4. Children's Program
General
20,335,000 22,170,000
[FAMILY SERVICES COLLABORATIVE.] Plans for the expenditure of funds for family services collaboratives must be approved by the
children's cabinet according to criteria in Minnesota Statutes, section 121.8355. Money appropriated for these purposes may be expended in either year of the biennium. Money appropriated for family services collaboratives is also available for start-up grants for children's mental health collaboratives.
[HIPPY CARRY FORWARD.] $50,000 in unexpended money appropriated in fiscal year 1995 for the Home Instruction Program for Preschool Youngsters (HIPPY) in Laws 1994, chapter 636, article 1, section 11, does not cancel but is available for the same purposes in fiscal year 1996.
[COMMUNITY COLLABORATIVE MATCHING GRANT.] Of this amount, $75,000 is available in fiscal year 1996 for the commissioner of human services to provide a matching grant for community collaborative projects for children and youth developed by a regional organization established under Minnesota Statutes, section 116N.08, to receive rural development challenge grants. The regional organization must include a broad cross-section of public and private sector community representatives to develop programs, services or facilities to address specific community needs of children and youth. The regional organization must also provide a two-to-one match of nonstate dollars for this grant.
[INDIAN CHILD WELFARE GRANTS.] $100,000 is appropriated from the general fund to the commissioner of human services for the purposes of providing compliance grants to an Indian child welfare defense corporation, pursuant to Minnesota Statutes, section 257.3571, subdivision 2a, to be available until June 30, 1997.
Subd. 5. Economic Self-Sufficiency
General
311,172,000 312,922,000
[FOOD STAMP EMPLOYMENT AND TRAINING.] Federal food stamp employment and training funds are appropriated to the commissioner of human services to reimburse counties for food stamp employment and training expenditures.
[CASH BENEFITS IN ADVANCE.] The commissioner, with the advance approval of the commissioner of finance, is authorized to issue cash assistance benefits up to two days before the first day of each month, including two days before the start of each state fiscal year. Of the money appropriated for the aid to families with dependent children program for fiscal year 1996, $12,000,000 is available in fiscal year 1995. If that amount is insufficient for the costs incurred, an additional amount of the fiscal year 1996
appropriation as needed may be transferred with the advance approval of the commissioner of finance. This paragraph is effective the day following final enactment.
[MFIP TRANSFER.] Unexpended money appropriated for the Minnesota family investment plan in fiscal year 1996 does not cancel but is available for those purposes in fiscal year 1997.
[PATERNITY ESTABLISHMENT.] Federal matching funds from the hospital acknowledgment reimbursement program may be retained by the commissioner to establish paternity in child support cases. These federal matching funds are appropriated to the commissioner and must be used for education and public information concerning paternity establishment and the prevention of nonmarital births.
[CHILD SUPPORT INCENTIVES.] The commissioner may transfer money appropriated for child support enforcement county performance incentives for fiscal years 1996 and 1997 between county performance incentive accounts. Unexpended money in fiscal year 1996 does not cancel but is available for county performance incentives in fiscal year 1997.
[PROGRAM INTEGRITY.] Unexpended money appropriated for program integrity initiatives in fiscal year 1996 does not cancel but is available for this purpose in fiscal year 1997.
[GA STANDARD.] The commissioner shall set the monthly standard of assistance for general assistance units consisting of an adult recipient who is childless and unmarried or living apart from his or her parents or a legal guardian at $203.
[AFDC SUPPLEMENTARY GRANTS.] Of the appropriation for aid to families with dependent children, the commissioner shall provide supplementary grants not to exceed $200,000 a year for aid to families with dependent children. The commissioner shall include the following costs in determining the amount of the supplementary grants: major home repairs, repair of major home appliances, utility recaps, supplementary dietary needs not covered by medical assistance, and replacements of furnishings and essential major appliances.
[NEW CHANCE.] Of this appropriation, $100,000 each year is for a grant to the New Chance demonstration project that provides comprehensive services to young AFDC recipients who became pregnant as teenagers and dropped out of high school. The commissioner shall provide an annual report on the progress of the demonstration project, including specific data on participant outcomes in comparison to a control group that received no services. The commissioner shall also include recommendations on whether strategies or methods that have proven successful in the demonstration project should be incorporated into the STRIDE employment program for AFDC recipients.
[MN ENABL.] Money is appropriated to the commissioner of human services in accordance with this paragraph, to be transferred to the commissioner of health during the fiscal year ending June 30, 1997, for the development and implementation of the ENABL
program. The money to be transferred shall be from that portion of the state share of child support enforcement collections received under section 256.74, subdivision 5, in fiscal years 1996 and 1997, which exceeds the amount of collections taken as AFDC savings in the working papers of the house and senate budget committees for the biennium ending June 30, 1997. The commissioner shall not transfer more than half of the excess collections, nor more than $500,000 to the ENABL program.
Subd. 6. Health Care
General
1,666,448,0001,784,546,000
Notwithstanding Minnesota Statutes, section 256.969, subdivisions 2, 2b, 2c, and 9, for admissions under the general assistance medical care program occurring on or after July 1, 1995, the disproportionate population adjustment, the relative values of the diagnostic categories, and each hospital's inpatient rates under the general assistance medical care program, excluding rehabilitation hospitals and rehabilitation distinct part rates, shall be established at the levels in effect on December 31, 1994. These rates shall be increased by 7.55 percent. Rates under the general assistance medical care program shall not be rebased to more current data on January 1, 1997.
[PREADMISSION SCREENING TRANSFER.] Effective the day following final enactment, up to $40,000 of the appropriation for preadmission screening and alternative care for fiscal year 1995 may be transferred to the health care administration account to pay the state's share of county claims for conducting nursing home assessments for persons with mental illness or mental retardation as required by Public Law Number 100-203.
[ALTERNATIVE CARE TRANSFER.] Any money allocated to the alternative care program that is not spent for the purposes indicated does not cancel but shall be transferred to the medical assistance account.
[PREADMISSION SCREENING RATE.] The preadmission screening payment to all counties shall continue at the payment amount in effect for fiscal year 1995.
[PAS/AC APPROPRIATION.] Money appropriated for preadmission screening and the alternative care program for fiscal year 1997 may be used for these purposes in fiscal year 1996.
[SAIL TRANSFER.] Appropriations for administrative costs associated with the senior's agenda for independent living (SAIL) program may be transferred to SAIL grants as the commissioner determines necessary to facilitate the delivery of the program.
[ADDITIONAL WAIVERED SERVICES.] The commissioner shall seek the necessary amendments to home and community-based waiver programs to provide, to the extent possible, services to persons no longer eligible to receive personal care assistant services due to the restructuring of that program. After serving persons
moved from the personal care assistant program to a home and community-based waiver program, any additional allocations made available due to these requests for additional home and community-based services may be directed to persons eligible for home and community-based services who were receiving personal care assistant services prior to the restructuring of that program.
After serving persons moved to home and community-based services, the commissioner may transfer any remaining additional funds made available for alternative services for these persons between the medical assistance grant and mental health grant accounts as necessary in order to serve people with mental health needs.
[CONSUMER SATISFACTION SURVEY.] Any federal matching money received through the medical assistance program for the consumer satisfaction survey is appropriated to the commissioner for this purpose. The commissioner may expend the money appropriated for the consumer satisfaction survey in either year of the biennium.
[LONG-TERM CARE OPTIONS PROJECT.] Federal funds received by the commissioner of human services for the long-term care options project may be transferred among object of expenditure classifications as the commissioner determines to be necessary for the implementation of the project.
[SURCHARGE COMPLIANCE.] In the event that federal financial participation in the Minnesota medical assistance program is reduced as a result of a determination that Minnesota is out of compliance with Public Law Number 102-234 or its implementing regulations or with any other federal law designed to restrict provider tax programs or intergovernmental transfers, the commissioner shall appeal the determination to the fullest extent permitted by law and may ratably reduce all medical assistance and general assistance medical care payments to providers in order to eliminate any shortfall resulting from the reduced federal funding. Any amount later recovered through the appeals process shall be used to reimburse providers for any ratable reductions taken.
[MANAGED CARE.] For the biennium ending June 30, 1997, the nonfederal share of the Prepaid Medical Assistance Program funds, which have been appropriated to fund county managed care advocacy and enrollment operating costs, shall be disbursed as grants using either a reimbursement or block grant mechanism.
[COMPULSIVE GAMBLING.] (a) Of the 1995 appropriation for the compulsive gambling program under Laws 1994, chapter 633, article 8, section 8, subdivision 1, up to $175,000 does not cancel but shall remain available for the development and implementation of outcome evaluation, treatment effectiveness research in the biennium ending June 30, 1997.
(b) Only contributions to the compulsive gambling program may be carried forward between fiscal years or from biennium to biennium.
(c) Paragraphs (a) and (b) are effective the day following final enactment.
[HOSPITAL CONVERSION.] Of this sum, the commissioner of health shall provide $25,000 to a 28-bed hospital located in Chisago county, to enable that facility to plan for closure and conversion, in partnership with other entities, in order to offer outpatient and emergency services at the site.
[REPORT ON ADMINISTRATIVE USE OF SENIOR NUTRITION FUNDS.] The division of aging and adult services in the department of human services shall prepare a report on federal and state funding for senior nutrition programs. The report shall include information on the most recent five federal and state fiscal years for which data is available, including information on amounts used for administrative purposes by the Minnesota board on aging and area agencies on aging. The report shall examine funding levels for senior nutrition programs in all of the regions of the state to determine if funding has kept pace with local needs and whether there has been any cost shifting to local government units. The report: (1) shall include information on the number of seniors served in each nutrition program; and (2) shall examine transportation and other costs associated with the programs; and (3) shall investigate options for other services of funding. The report shall be presented to the legislature by February 16, 1996.
Subd. 7. Community Mental Health and State-Operated Services
General
254,551,000 259,035,000
[RELOCATIONS FROM FARIBAULT.] Of this appropriation, $162,000 in fiscal year 1996 and $37,000 in fiscal year 1997 are for grants to counties for discharge planning related to persons with mental retardation or related conditions being relocated from the Faribault regional center to community services.
[TRANSFERS TO MOOSE LAKE.] Notwithstanding Minnesota Statutes, sections 253B.18, subdivisions 4 and 6, and 253B.185, subdivision 2, with the establishment of the Minnesota sexual psychopathic personality treatment center, the commissioner is authorized to transfer any person committed as a psychopathic personality, sexual psychopathic personality, or sexually dangerous person, between the Minnesota security hospital and the facility at Moose Lake.
[RTC CHEMICAL DEPENDENCY PROGRAMS.] When the operations of the regional treatment center chemical dependency fund created in Minnesota Statutes, section 246.18, subdivision 2, are impeded by projected cash deficiencies resulting from delays in the receipt of grants, dedicated income, or other similar receivables, and when the deficiencies would be corrected within the budget period involved, the commissioner of finance may transfer general fund cash reserves into this account as necessary to meet cash demands. The cash flow transfers must be returned to the general fund in the fiscal year that the transfer was made. Any interest earned on general fund cash flow transfers accrues to the general fund, and not to the regional treatment center chemical dependency fund.
[INFRASTRUCTURE REINVESTMENT.] $750,000 of the savings attributable to the downsizing of the regional treatment center shall be used by the commissioner of human services for the biennium ending June 30, 1997, for grant funds to a local unit of government for the development of infrastructure, planning for redevelopment, and to provide training for workers dislocated by the downsizing of a regional treatment center.
[CAMP.] Money is appropriated from the mental health special projects account for adults and children with mental illness from across the state, for a camping program which utilizes the Boundary Waters Canoe Area and is cooperatively sponsored by client advocacy, mental health treatment, and outdoor recreation agencies.
[IMD DOWNSIZING FLEXIBILITY.] If a county presents a budget-neutral plan for a net reduction in the number of institution for mental disease (IMD) beds funded under group residential housing, the commissioner may transfer the net savings from group residential housing and general assistance medical care to medical assistance and mental health grants to provide appropriate services in non-IMD settings.
[REPAIRS AND BETTERMENTS.] The commissioner may transfer unencumbered appropriation balances between fiscal years for the state residential facilities repairs and betterments account and special equipment.
[PROJECT LABOR.] Wages for project labor may be paid by the commissioner of human services out of repairs and betterments money if the individual is to be engaged in a construction project or a repair project of short term and nonrecurring nature. Compensation for project labor shall be based on the prevailing wage rates, as defined in Minnesota Statutes, section 177.42, subdivision 6. Project laborers are excluded from the provisions of Minnesota Statutes, sections 43A.22 to 43A.30, and shall not be eligible for state-paid insurance and benefits.
Sec. 3. COMMISSIONER OF HEALTH
Subdivision 1. Total Appropriation 57,008,000 57,530,000
Summary by Fund
General38,103,000 38,100,000
Metropolitan Landfill
Contingency Action
Fund 193,000 193,000
State Government
Special Revenue17,191,00017,716,000
Trunk Highway1,513,0001,513,000
Special Revenue8,000 8,000
[LANDFILL CONTINGENCY.] The appropriation from the metropolitan landfill contingency action fund is for monitoring well water supplies and conducting health assessments in the metropolitan area.
[TRUNK HIGHWAY FUND.] The appropriation from the trunk highway fund is for emergency medical services activities.
Subd. 2. Health Systems Development 28,012,000 27,893,000
General27,583,000 27,463,000
State Government
Special Revenue429,000430,000
[WIC TRANSFERS.] General fund appropriations for the women, infants, and children food supplement program (WIC) are available for either year of the biennium. Transfers of appropriations between fiscal years must be for the purpose of maximizing federal funds or minimizing fluctuations in the number of participants.
[NURSING HOME RESIDENTS EDUCATION.] Any efforts undertaken by the Minnesota departments of health or human services to conduct periodic education programs for nursing home residents shall build on and be coordinated with the resident and family advisory council education program established in Minnesota Statutes, section 144A.33.
[MATERNAL AND CHILD HEALTH.] In the event that Minnesota is required to comply with the provision in the federal maternal and child health block grant law, which requires 30 percent of the allocation to be spent on primary services for children, federal funds allocated to the commissioner of health under Minnesota Statutes, section 145.882, subdivision 2, may be transferred to the commissioner of human services for the purchase of primary services for children covered by MinnesotaCare. The commissioner of human services shall transfer an equal amount of the money appropriated for MinnesotaCare to the commissioner of health to assure access to quality child health services under Minnesota Statutes, section 145.88.
[CARRYOVER.] General fund appropriations for treatment services in the services for children with special health care needs program are available for either year of the biennium.
Subd. 3. Health Quality Assurance 8,178,000 8,559,000
General 1,135,000 1,135,000
State Government
Special Revenue5,612,0005,993,000
Trunk Highway1,431,0001,431,000
Subd. 4. Health Protection 16,765,000 16,861,000
[LEAD ABATEMENT.] $200,000 is appropriated from the general fund to the commissioner of health for the biennium ending June 30, 1997, for the purpose of administering lead abatement activities. Of this amount, $25,000 shall be used for the purposes of lead-safe housing, and $25,000 shall be used for the purposes of lead cleanup equipment.
General 6,899,000 6,895,000
State Government
Special Revenue9,687,0009,787,000
Metropolitan Landfill
Contingency Action
Fund 171,000 171,000
Special Revenue8,000 8,000
Subd. 5. Management and Support Services 4,012,000 4,176,000
General 2,445,000 2,566,000
Metropolitan Landfill
Contingency Action
Fund 22,000 22,000
Trunk Highway82,000 82,000
State Government
Special Revenue1,463,0001,463,000
Sec. 4. VETERANS NURSING HOMES BOARD 17,966,000 18,643,000
[SPECIAL REVENUE ACCOUNT.] The general fund appropriations made to the veterans homes board shall be transferred to a veterans homes special revenue account in the special revenue fund in the same manner as other receipts are deposited in accordance with Minnesota Statutes, section 198.34, and are appropriated to the veterans homes board of directors for the operation of board facilities and programs.
[SETTING THE COST OF CARE.] The veterans homes board may set the cost of care at the Silver Bay and Luverne facilities based on the cost of average skilled nursing care provided to residents of the Minneapolis veterans home for fiscal year 1996.
[ROOMS WITH MORE THAN FOUR BEDS.] (a) Until June 30, 1996, the commissioner of health shall not apply the provisions of Minnesota Statutes, section 144.55, subdivision 6, paragraph (b), to the Minnesota veterans home at Hastings.
(b) The veterans homes board may not admit residents into the domiciliary beds at the Minnesota veterans home at Hastings before October 1, 1995.
[LICENSED CAPACITY.] The department of health shall not reduce the licensed bed capacity for the Minneapolis veterans home pending completion of the project authorized by Laws 1990, chapter 610, article 1, section 9, subdivision 3, unless the federal grant for the project is not awarded.
[VETERANS NURSING HOMES BOARD; ALLOWANCE FOR FOOD.] The allowance for food may be adjusted annually to reflect changes in the producer price index, as prepared by the United States Bureau of Labor Statistics, with the approval of the
commissioner of finance. Adjustments for fiscal year 1996 and fiscal year 1997 must be based on the June 1994 and June 1995 producer price index respectively, but the adjustment must be prorated if it would require money in excess of the appropriation.
[FERGUS FALLS.] Of this appropriation, if a federal grant for the construction of the Fergus Falls veterans home is received before the start of the 1996 legislative session, the veterans homes board of directors may use up to $150,000 to fund positions and support services to coordinate and oversee the construction of the home and to begin planning for the opening of the facility.
Sec. 5. HEALTH-RELATED BOARDS
Subdivision 1. Total Appropriation 8,355,000 8,340,000
[SPECIAL REVENUE FUND.] The appropriations in this section are from the state government special revenue fund.
[NO SPENDING IN EXCESS OF REVENUES.] The commissioner of finance shall not permit the allotment, encumbrance, or expenditure of money appropriated in this section in excess of the anticipated biennial revenues from fees collected by the boards. Neither this provision nor Minnesota Statutes, section 214.06, applies to transfers from the general contingent account, if the amount transferred does not exceed the amount of surplus revenue accumulated by the transferee during the previous five years.
Subd. 2. Board of Chiropractic Examiners 309,000 313,000
Subd. 3. Board of Dentistry 698,000 708,000
Subd. 4. Board of Dietetic and Nutrition Practice 63,000 64,000
Subd. 5. Board of Marriage and Family Therapy 95,000 96,000
Subd. 6. Board of Medical Practice 3,204,000 3,204,000
Subd. 7. Board of Nursing 1,710,000 1,714,000
[BOARD OF NURSING.] Of this appropriation from the state government special revenue fund, $548,000 the first year and $295,000 the second year is to implement the discipline and licensing systems project as recommended by the Information Policy Office.
Subd. 8. Board of Nursing Home Administrators 182,000 186,000
Subd. 9. Board of Optometry 78,000 79,000
Subd. 10. Board of Pharmacy 900,000 906,000
Subd. 11. Board of Podiatry 31,000 32,000
Subd. 12. Board of Psychology 393,000 396,000
Subd. 13. Board of Social Work 550,000 491,000
Subd. 14. Board of Veterinary Medicine 142,000 151,000
Sec. 6. COUNCIL ON DISABILITY 675,000 681,000
[COUNCIL ON DISABILITY.] Of this appropriation $200,000 is appropriated from the general fund to the council on disability for fiscal year 1996, for the purposes of a grant to the Fergus Falls Center for the Arts, Inc. to complete renovations of a local theater necessary to bring it into compliance with the federal Americans with Disabilities Act.
Sec. 7. OMBUDSMAN FOR MENTAL HEALTH AND
MENTAL RETARDATION 1,132,000 1,097,000
Sec. 8. OMBUDSPERSON FOR FAMILIES 133,000 137,000
Sec. 9. TRANSFERS
Subdivision 1. Entitlement programs
(a) Transfers in fiscal year 1995
Effective the day following final enactment, the commissioner of human services may transfer unencumbered appropriation balances for fiscal year 1995 among the aid to families with dependent children, aid to families with dependent children child care, Minnesota family investment plan, general assistance, general assistance medical care, medical assistance, Minnesota supplemental aid, group residential housing and work readiness programs, and the entitlement portion of the chemical dependency consolidated treatment fund, with the approval of the commissioner of finance after notification of the chair of the senate health care and family services finance division and the chair of the house of representatives health and human services finance division.
(b) Transfers of unencumbered entitled grant and aid
appropriations
The commissioner of human services, with the approval of the commissioner of finance, and after notification of the chair of the senate health care and family services finance division and the chair of the house of representatives health and human services finance division, may transfer unencumbered appropriation balances for the biennium ending June 30, 1997, within fiscal years among the aid to families with dependent children, aid to families with dependent children child care, Minnesota family investment plan, general assistance, general assistance medical care, medical assistance, Minnesota supplemental aid, group residential housing, and work readiness programs, and the entitlement portion of the chemical dependency consolidated treatment fund, and between fiscal years of the biennium.
Subd. 2. Human Services
(a) Approval Required
Transfers may be made by the commissioner of human services to salary accounts, and unencumbered salary money may be transferred to the next fiscal year, in order to avoid layoffs, with the
advance approval of the commissioner of finance and upon notification of the chairs of the senate health care and family services finance division and the house of representatives health and human services finance division. Amounts transferred to fiscal year 1997 shall not increase the base funding level for the 1998-1999 appropriation. The commissioner shall not transfer money to or from the object of expenditure "grants and aid" without the written approval of the governor after consulting with the legislative advisory commission.
(b) Transfers of Unencumbered Appropriations
Nonsalary administrative money may be transferred within the department of human services as the commissioner considers necessary, with the advance approval of the commissioner of finance. The commissioner shall inform the chairs of the health and human services finance division of the house of representatives and the health care and family services division of the senate quarterly about transfers made under this provision.
Subd. 3. Health
(a) Approval Required
Transfers may be made by the commissioner of health to salary accounts, and unencumbered salary money may be transferred to the next fiscal year, in order to avoid layoffs, with the advance approval of the commissioner of finance and upon notification of the chairs of the senate health care and family services finance division and the house of representatives health and human services finance division. Amounts transferred to fiscal year 1997 shall not increase the base funding level for the 1998-1999 appropriation. The commissioner shall not transfer money to or from the object of expenditure "grants and aid" without the written approval of the governor after consulting with the legislative advisory commission.
(b) Transfers of Unencumbered Appropriations
Nonsalary administrative money may be transferred within the department of health as the commissioner considers necessary, with the advance approval of the commissioner of finance. The commissioner of health shall inform the chairs of the health and human services finance division of the house of representatives and the health care and family services division of the senate quarterly about transfers made under this provision.
Subd. 4. Veterans Nursing Homes Board
(a) Approval Required
Transfers may be made by the veterans nursing homes board to salary accounts, and unencumbered salary money may be transferred to the next fiscal year, in order to avoid layoffs, with the advance approval of the commissioner of finance and upon notification of the chairs of the senate health care and family
services finance division and the house of representatives health and human services finance division. Amounts transferred to fiscal year 1997 shall not increase the base funding level for the 1998-1999 appropriation. The board shall not transfer money to or from the object of expenditure "grants and aid" without the written approval of the governor after consulting with the legislative advisory commission.
(b) Transfers of Unencumbered Appropriations
Nonsalary administrative money may be transferred within the programs operated by the veterans nursing homes board as the board considers necessary, with the advance approval of the commissioner of finance. The board shall inform the chairs of the health and human services finance division of the house of representatives and the health care and family services division of the senate quarterly about transfers made under this provision.
Subd. 5. Transfer
Funding appropriated by the legislature may not be transferred to a different department than that specified by the legislature without legislative authority.
Sec. 10. PROVISIONS
(a) Money appropriated to the commissioner of human services for the purchase of provisions within the item "current expense" must be used solely for that purpose. Money provided and not used for the purchase of provisions must be canceled into the fund from which appropriated, except that money provided and not used for the purchase of provisions because of population decreases may be transferred and used for the purchase of drugs and medical and hospital supplies and equipment with written approval of the governor after consultation with the legislative advisory commission.
(b) For fiscal year 1996 the allowance for food may be adjusted to the equivalent of the 75th percentile of the comparable raw food costs for community nursing homes as reported to the commissioner of human services. For fiscal year 1997 an adjustment may be made to reflect the annual change in the United States Bureau of Labor Statistics producer price index as of June 1996 with the approval of the commissioner of finance. The adjustments for either year must be prorated if they would require money in excess of this appropriation.
Sec. 11. TELECOMMUNICATION ACCESS FOR
COMMUNICATION-IMPAIRED PERSONS BOARD 5,248,000 5,342,000
This appropriation is from the special revenue fund.
Sec. 12. CARRYOVER LIMITATION
None of the appropriations in this act which are allowed to be carried forward from fiscal year 1996 to fiscal year 1997 shall become part of the base level funding for the 1997-1999 biennial budget, unless specifically directed by the legislature.
Sec. 13. SUNSET OF UNCODIFIED LANGUAGE
All uncodified language contained in this article expires on June 30, 1997, unless a different expiration is explicit.
Section 1. Minnesota Statutes 1994, section 16B.08, subdivision 5, is amended to read:
Subd. 5. [FEDERAL GENERAL SERVICES ADMINISTRATION
AGENCY PRICE SCHEDULES.] Notwithstanding anything in this
chapter to the contrary, the commissioner may, instead of
soliciting bids, contract for purchases with suppliers who have
published schedules of prices effective for sales to the
General Services Administration any federal agency of
the United States. These contracts may be entered into,
regardless of the amount of the purchase price, if the
commissioner considers them advantageous and if the purchase
price of all the commodities purchased under the contract do not
exceed the price specified by the schedule.
Sec. 2. Minnesota Statutes 1994, section 171.07, is amended by adding a subdivision to read:
Subd. 10. [AGREEMENTS WITH OTHER AGENCIES.] The commissioner of public safety is authorized to enter into agreements with other agencies to issue cards to clients of those agencies for use in their programs. The cards may be issued to persons who do not qualify for a Minnesota driver's license or do not provide evidence of name and identity as required by rule for a Minnesota identification card. Persons issued cards under this subdivision will meet the identification verification requirements of the contracting agency.
The interagency agreement may include provisions for the payment of the county fee provided in section 171.06, subdivision 4, and the actual cost to manufacture the card.
Cards issued under this subdivision are not Minnesota identification cards for the purposes defined in sections 48.512, 201.061, 201.161, 332.50, and 340A.503.
Sec. 3. Minnesota Statutes 1994, section 245A.03, subdivision 2a, is amended to read:
Subd. 2a. [LICENSING OF FOSTER CARE BY AN
INDIVIDUAL WHO IS RELATED TO A CHILD; LICENSE
REQUIRED.] Notwithstanding subdivision 2, clause (1), the
commissioner must license or approve an individual who is related
to a child in order to provide foster care for that
a child, an individual who is related to the child,
other than a grandparent, to the extent permissible under federal
law, parent, or legal guardian, must be licensed by the
commissioner except as provided by section 245A.035. The
commissioner may issue the license or approval retroactive to the
date the child was placed in the applicant's home, so long as no
more than 90 days have elapsed since the placement. If more than
90 days have elapsed since the placement, the commissioner may
issue the license or approval retroactive 90 days. The granting
of a license or approval to an individual who is related to a
child shall be according to standards set forth by foster care
rule. The commissioner shall consider the importance of
maintaining the child's relationship to family as an additional
significant factor in determining whether to set aside a
licensing disqualifier under section 245A.04, subdivision 3b, or
to grant a variance of licensing requirements under section
245A.04, subdivision 9, in licensing or approving an individual
related to a child.
Sec. 4. [245A.035] [RELATIVE FOSTER CARE; EMERGENCY LICENSE.]
Subdivision 1. [GRANT OF EMERGENCY LICENSE.] Notwithstanding section 245A.03, subdivision 2a, a county agency may place a child for foster care with a relative who is not licensed to provide foster care, provided the requirements of subdivision 2 are met. As used in this section, the term "relative" has the meaning given it under section 260.181, subdivision 3.
Subd. 2. [COOPERATION WITH EMERGENCY LICENSING PROCESS.] (a) A county agency that places a child with a relative who is not licensed to provide foster care must begin the process of securing an emergency license for the relative as soon as possible and must conduct the initial inspection required by subdivision 3, clause (1), whenever possible, prior to placing the child in the relative's home, but no later than three working days after placing the child in the home. A child placed in the home of a relative who is not licensed to provide foster care must be removed from that home if the relative fails to cooperate with the county agency in securing an emergency foster care license. The commissioner may only issue an emergency foster care license to a relative with whom the county agency wishes to place or has placed a child for foster care.
(b) If a child is to be placed in the home of a relative not licensed to provide foster care, either the placing agency or the county agency in the county in which the relative lives shall conduct the emergency licensing process as required in this section.
Subd. 3. [REQUIREMENTS FOR EMERGENCY LICENSE.] Before an emergency license may be issued, the following requirements must be met:
(1) the county agency must conduct an initial inspection of the premises where the foster care is to be provided to ensure the health and safety of any child placed in the home. The county agency shall conduct the inspection using a form developed by the commissioner;
(2) at the time of the inspection or placement, whichever is earlier, the relative being considered for an emergency license shall receive an application form for a child foster care license; and
(3) whenever possible, prior to placing the child in the relative's home, the relative being considered for an emergency license shall provide the information required by section 245A.04, subdivision 3, paragraph (b).
Subd. 4. [APPLICANT STUDY.] When the county agency has received the information required by section 245A.04, subdivision 3, paragraph (b), the county agency shall begin an applicant study according to the procedures in section 245A.04, subdivision 3. The commissioner may issue an emergency license upon recommendation of the county agency once the initial inspection has been successfully completed and the information necessary to begin the applicant background study has been provided. If the county agency does not recommend that the emergency license be granted, the agency shall notify the relative in writing that the agency is recommending denial to the commissioner; shall remove any child who has been placed in the home prior to licensure; and shall inform the relative in writing of the procedure to request review pursuant to subdivision 6. An emergency license shall be effective until a child foster care license is granted or denied, but shall in no case remain in effect more than 90 days from the date of placement.
Subd. 5. [CHILD FOSTER CARE LICENSE APPLICATION.] The emergency license holder shall complete the child foster care license application and necessary paperwork within ten days of the placement. The county agency shall assist the emergency license holder to complete the application. The granting of a child foster care license to a relative shall be under the procedures in this chapter and according to the standards set forth by foster care rule. In licensing a relative, the commissioner shall consider the importance of maintaining the child's relationship with relatives as an additional significant factor in determining whether to set aside a licensing disqualifier under section 245A.04, subdivision 3b, or to grant a variance of licensing requirements under section 245A.04, subdivision 9.
Subd. 6. [DENIAL OF EMERGENCY LICENSE.] If the commissioner denies an application for an emergency foster care license under this section, that denial must be in writing and must include reasons for the denial. Denial of an emergency license is not subject to appeal under chapter 14. The relative may request a review of the denial by submitting to the commissioner a written statement of the reasons an emergency license should be granted. The commissioner shall evaluate the request for review and determine whether to grant the emergency license. Within 15 working days of the receipt of the request for review, the commissioner shall notify the relative requesting review in written form whether the emergency license will be granted. The commissioner's review shall be based on a review of the records submitted by the county agency and the relative. A child shall not be placed or remain placed in the relative's home while the request for review is pending. Denial of an emergency license shall not preclude an individual from reapplying for an emergency license or from applying for a child foster care license. The decision of the commissioner is the final administrative agency action.
Sec. 5. Minnesota Statutes 1994, section 245A.04, subdivision 3, is amended to read:
Subd. 3. [STUDY OF THE APPLICANT.] (a) Before the commissioner issues a license, the commissioner shall conduct a study of the individuals specified in clauses (1) to (4) according to rules of the commissioner. The applicant, license holder, the bureau of criminal apprehension, and county agencies, after written notice to the individual who
is the subject of the study, shall help with the study by giving the commissioner criminal conviction data and reports about abuse or neglect of adults in licensed programs substantiated under section 626.557 and the maltreatment of minors in licensed programs substantiated under section 626.556. The individuals to be studied shall include:
(1) the applicant;
(2) persons over the age of 13 living in the household where the licensed program will be provided;
(3) current employees or contractors of the applicant who will have direct contact with persons served by the program; and
(4) volunteers who have direct contact with persons served by the program to provide program services, if the contact is not directly supervised by the individuals listed in clause (1) or (3).
The juvenile courts shall also help with the study by giving the commissioner existing juvenile court records on individuals described in clause (2) relating to delinquency proceedings held within either the five years immediately preceding the application or the five years immediately preceding the individual's 18th birthday, whichever time period is longer. The commissioner shall destroy juvenile records obtained pursuant to this subdivision when the subject of the records reaches age 23.
For purposes of this section and Minnesota Rules, part 9543.3070, a finding that a delinquency petition is proven in juvenile court shall be considered a conviction in state district court.
For purposes of this subdivision, "direct contact" means providing face-to-face care, training, supervision, counseling, consultation, or medication assistance to persons served by a program. For purposes of this subdivision, "directly supervised" means an individual listed in clause (1) or (3) is within sight or hearing of a volunteer to the extent that the individual listed in clause (1) or (3) is capable at all times of intervening to protect the health and safety of the persons served by the program who have direct contact with the volunteer.
A study of an individual in clauses (1) to (4) shall be conducted at least upon application for initial license and reapplication for a license. No applicant, license holder, or individual who is the subject of the study shall pay any fees required to conduct the study.
(b) The individual who is the subject of the study must provide the applicant or license holder with sufficient information to ensure an accurate study including the individual's first, middle, and last name; home address, city, county, and state of residence; zip code; sex; date of birth; and driver's license number. The applicant or license holder shall provide this information about an individual in paragraph (a), clauses (1) to (4), on forms prescribed by the commissioner. The commissioner may request additional information of the individual, which shall be optional for the individual to provide, such as the individual's social security number or race.
(c) Except for child foster care, adult foster care, and family day care homes, a study must include information from the county agency's record of substantiated abuse or neglect of adults in licensed programs, and the maltreatment of minors in licensed programs, information from juvenile courts as required in paragraph (a) for persons listed in paragraph (a), clause (2), and information from the bureau of criminal apprehension. For child foster care, adult foster care, and family day care homes, the study must include information from the county agency's record of substantiated abuse or neglect of adults, and the maltreatment of minors, information from juvenile courts as required in paragraph (a) for persons listed in paragraph (a), clause (2), and information from the bureau of criminal apprehension. The commissioner may also review arrest and investigative information from the bureau of criminal apprehension, a county attorney, county sheriff, county agency, local chief of police, other states, the courts, or a national criminal record repository if the commissioner has reasonable cause to believe the information is pertinent to the disqualification of an individual listed in paragraph (a), clauses (1) to (4). The commissioner is not required to conduct more than one review of a subject's records from the national criminal record repository if a review of the subject's criminal history with the national criminal record repository has already been completed by the commissioner and there has been no break in the subject's affiliation with the license holder who initiated the background studies.
(d) An applicant's or license holder's failure or refusal to cooperate with the commissioner is reasonable cause to deny an application or immediately suspend, suspend, or revoke a license. Failure or refusal of an individual to cooperate with the study is just cause for denying or terminating employment of the individual if the individual's failure or refusal to cooperate could cause the applicant's application to be denied or the license holder's license to be immediately suspended, suspended, or revoked.
(e) The commissioner shall not consider an application to be complete until all of the information required to be provided under this subdivision has been received.
(f) No person in paragraph (a), clause (1), (2), (3), or (4) who is disqualified as a result of this section may be retained by the agency in a position involving direct contact with persons served by the program.
(g) Termination of persons in paragraph (a), clause (1), (2), (3), or (4) made in good faith reliance on a notice of disqualification provided by the commissioner shall not subject the applicant or license holder to civil liability.
(h) The commissioner may establish records to fulfill the requirements of this section.
(i) The commissioner may not disqualify an individual subject to a study under this section because that person has, or has had, a mental illness as defined in section 245.462, subdivision 20.
(j) An individual who is subject to an applicant background study under this section and whose disqualification in connection with a license would be subject to the limitations on reconsideration set forth in subdivision 3b, paragraph (c), shall be disqualified for conviction of the crimes specified in the manner specified in subdivision 3b, paragraph (c). The commissioner of human services shall amend Minnesota Rules, part 9543.3070, to conform to this section.
Sec. 6. Minnesota Statutes 1994, section 245A.04, subdivision 3b, is amended to read:
Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) Within 30 days after receiving notice of disqualification under subdivision 3a, the individual who is the subject of the study may request reconsideration of the notice of disqualification. The individual must submit the request for reconsideration to the commissioner in writing. The individual must present information to show that:
(1) the information the commissioner relied upon is incorrect; or
(2) the subject of the study does not pose a risk of harm to any person served by the applicant or license holder.
(b) The commissioner may set aside the disqualification if the commissioner finds that the information the commissioner relied upon is incorrect or the individual does not pose a risk of harm to any person served by the applicant or license holder. The commissioner shall review the consequences of the event or events that could lead to disqualification, whether there is more than one disqualifying event, the vulnerability of the victim at the time of the event, the time elapsed without a repeat of the same or similar event, and documentation of successful completion by the individual studied of training or rehabilitation pertinent to the event. In reviewing a disqualification, the commissioner shall give preeminent weight to the safety of each person to be served by the license holder or applicant over the interests of the license holder or applicant.
(c) Unless the information the commissioner relied on in disqualifying an individual is incorrect, the commissioner may not set aside the disqualification of an individual in connection with a license to provide family day care for children, foster care for children in the provider's own home, or foster care or day care services for adults in the provider's own home if:
(1) less than ten years have passed since the discharge of the sentence imposed for the offense; and the individual has been convicted of a violation of any offense listed in section 609.20 (manslaughter in the first degree), 609.205 (manslaughter in the second degree), 609.21 (criminal vehicular homicide), 609.215 (aiding suicide or aiding attempted suicide), 609.221 to 609.2231 (felony violations of assault in the first, second, third, or fourth degree), 609.713 (terroristic threats), 609.235 (use of drugs to injure or to facilitate crime), 609.24 (simple robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 609.255 (false imprisonment), 609.561 or 609.562 (arson in the first or second degree), 609.71 (riot), 609.582 (burglary in the first or second degree), 609.66 (reckless use of a gun or dangerous weapon or intentionally pointing a gun at or towards a human being), 609.665 (setting a spring gun), 609.67 (unlawfully owning, possessing, or operating a machine gun), 609.749 (stalking), 152.021 or 152.022 (controlled substance crime in the first or second degree), 152.023, subdivision 1, clause (3) or (4), or subdivision 2, clause (4) (controlled substance crime in the third degree), 152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth degree), 609.228 (great bodily harm caused by distribution of drugs), 609.23 (mistreatment of persons confined), 609.231 (mistreatment of residents or patients), 609.265 (abduction), 609.2664 to 609.2665 (manslaughter of an unborn child in the first or second degree), 609.267 to 609.2672 (assault of an unborn child in the first, second, or third degree), 609.268 (injury or death of an unborn child in the commission of a crime), 617.293 (disseminating or displaying harmful material to
minors), 609.378 (neglect or endangerment of a child), 609.377 (a gross misdemeanor offense of malicious punishment of a child); or an attempt or conspiracy to commit any of these offenses, as each of these offenses is defined in Minnesota Statutes; or an offense in any other state, the elements of which are substantially similar to the elements of any of the foregoing offenses;
(2) regardless of how much time has passed since the discharge of the sentence imposed for the offense, the individual was convicted of a violation of any offense listed in sections 609.185 to 609.195 (murder in the first, second, or third degree), 609.2661 to 609.2663 (murder of an unborn child in the first, second, or third degree), 609.377 (a felony offense of malicious punishment of a child), 609.322 (soliciting, inducement, or promotion of prostitution), 609.323 (receiving profit derived from prostitution), 609.342 to 609.345 (criminal sexual conduct in the first, second, third, or fourth degree), 609.352 (solicitation of children to engage in sexual conduct), 617.246 (use of minors in a sexual performance), 617.247 (possession of pictorial representations of a minor), 609.365 (incest), or an attempt or conspiracy to commit any of these offenses as defined in Minnesota Statutes, or an offense in any other state, the elements of which are substantially similar to any of the foregoing offenses;
(3) within the seven years preceding the study, the individual committed an act that constitutes maltreatment of a child under section 626.556, subdivision 10e, and that resulted in substantial bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by competent psychological or psychiatric evidence; or
(4) within the seven years preceding the study, the individual was determined under section 626.557 to be the perpetrator of a substantiated incident of abuse of a vulnerable adult that resulted in substantial bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by competent psychological or psychiatric evidence.
In the case of any ground for disqualification under clauses (1) to (4), if the act was committed by an individual other than the applicant or license holder residing in the applicant's or license holder's home, the applicant or license holder may seek reconsideration when the individual who committed the act no longer resides in the home.
The disqualification periods provided under clauses (1), (3), and (4) are the minimum applicable disqualification periods. The commissioner may determine that an individual should continue to be disqualified from licensure because the license holder or applicant poses a risk of harm to a person served by that individual after the minimum disqualification period has passed.
(d) The commissioner shall respond in writing to all reconsideration requests within 15 working days after receiving the request for reconsideration. If the disqualification is set aside, the commissioner shall notify the applicant or license holder in writing of the decision.
(e) Except as provided in subdivision 3c, the commissioner's decision to disqualify an individual, including the decision to grant or deny a reconsideration of disqualification under this subdivision, or to set aside or uphold the results of the study under subdivision 3, is the final administrative agency action and shall not be subject to further review in a contested case under chapter 14 involving a negative licensing action taken in response to the disqualification.
Sec. 7. Minnesota Statutes 1994, section 245A.04, subdivision 7, is amended to read:
Subd. 7. [ISSUANCE OF A LICENSE; PROVISIONAL LICENSE.] (a) If the commissioner determines that the program complies with all applicable rules and laws, the commissioner shall issue a license. At minimum, the license shall state:
(1) the name of the license holder;
(2) the address of the program;
(3) the effective date and expiration date of the license;
(4) the type of license;
(5) the maximum number and ages of persons that may receive services from the program; and
(6) any special conditions of licensure.
(b) The commissioner may issue a provisional license for a period not to exceed one year if:
(1) the commissioner is unable to conduct the evaluation or observation required by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet operational;
(2) certain records and documents are not available because persons are not yet receiving services from the program; and
(3) the applicant complies with applicable laws and rules in all other respects.
A provisional license must not be issued except at the time that a license is first issued to an applicant.
(c) A decision by the commissioner to issue a license does not guarantee that any person or persons will be placed or cared for in the licensed program. A license shall not be transferable to another individual, corporation, partnership, voluntary association, other organization, or controlling individual, or to another location. Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must apply for and be granted a new license to operate the program or the program must not be operated after the expiration date.
Sec. 8. Minnesota Statutes 1994, section 245A.04, subdivision 9, is amended to read:
Subd. 9. [VARIANCES.] The commissioner may grant variances to rules that do not affect the health or safety of persons in a licensed program if the following conditions are met:
(1) the variance must be requested by an applicant or license holder on a form and in a manner prescribed by the commissioner;
(2) the request for a variance must include the reasons that the applicant or license holder cannot comply with a requirement as stated in the rule and the alternative equivalent measures that the applicant or license holder will follow to comply with the intent of the rule; and
(3) the request must state the period of time for which the variance is requested.
The commissioner may grant a permanent variance when conditions under which the variance is requested do not affect the health or safety of persons being served by the licensed program, nor compromise the qualifications of staff to provide services. The permanent variance shall expire as soon as the conditions that warranted the variance are modified in any way. Any applicant or license holder must inform the commissioner of any changes or modifications that have occurred in the conditions that warranted the permanent variance. Failure to advise the commissioner shall result in revocation of the permanent variance and may be cause for other sanctions under sections 245A.06 and 245A.07.
The commissioner's decision to grant or deny a variance request is final and not subject to appeal under the provisions of chapter 14.
Sec. 9. Minnesota Statutes 1994, section 245A.06, subdivision 2, is amended to read:
Subd. 2. [RECONSIDERATION OF CORRECTION ORDERS.] If the
applicant or license holder believes that the contents of the
commissioner's correction order are in error, the applicant or
license holder may ask the department of human services to
reconsider the parts of the correction order that are alleged to
be in error. The request for reconsideration must be in
writing, delivered by certified mail and received by
the commissioner within 20 calendar days after receipt of the
correction order by the applicant or license holder, and:
(1) specify the parts of the correction order that are alleged to be in error;
(2) explain why they are in error; and
(3) include documentation to support the allegation of error.
A request for reconsideration does not stay any provisions or requirements of the correction order. The commissioner's disposition of a request for reconsideration is final and not subject to appeal under chapter 14.
Sec. 10. Minnesota Statutes 1994, section 245A.06, subdivision 4, is amended to read:
Subd. 4. [NOTICE OF FINE; APPEAL.] A license holder who is ordered to pay a fine must be notified of the order by certified mail. The notice must be mailed to the address shown on the application or the last known address of the license holder. The notice must state the reasons the fine was ordered and must inform the license holder of the responsibility for payment of fines in subdivision 7 and the right to a contested case hearing under chapter 14. The license holder may appeal the order to forfeit a fine by notifying the commissioner by certified mail within 15 calendar days after receiving the order. A timely appeal shall stay forfeiture of the fine until the commissioner issues a final order under section 245A.08, subdivision 5.
Sec. 11. Minnesota Statutes 1994, section 245A.06, is amended by adding a subdivision to read:
Subd. 7. [RESPONSIBILITY FOR PAYMENT OF FINES.] When a fine has been assessed, the license holder may not avoid payment by closing, selling, or otherwise transferring the licensed program to a third party. In such an event, the license holder will be personally liable for payment. In the case of a corporation, each controlling individual is personally and jointly liable for payment.
Sec. 12. Minnesota Statutes 1994, section 245A.07, subdivision 3, is amended to read:
Subd. 3. [SUSPENSION, REVOCATION, PROBATION.] The commissioner may suspend, revoke, or make probationary a license if a license holder fails to comply fully with applicable laws or rules or knowingly gives false or misleading information to the commissioner in connection with an application for a license or during an investigation. A license holder who has had a license suspended, revoked, or made probationary must be given notice of the action by certified mail. The notice must be mailed to the address shown on the application or the last known address of the license holder. The notice must state the reasons the license was suspended, revoked, or made probationary.
(a) If the license was suspended or revoked, the notice must inform the license holder of the right to a contested case hearing under chapter 14. The license holder may appeal an order suspending or revoking a license. The appeal of an order suspending or revoking a license must be made in writing by certified mail and must be received by the commissioner within ten calendar days after the license holder receives notice that the license has been suspended or revoked.
(b) If the license was made probationary, the notice must inform the license holder of the right to request a reconsideration by the commissioner. The request for reconsideration must be made in writing by certified mail and must be received by the commissioner within ten calendar days after the license holder receives notice that the license has been made probationary. The license holder may submit with the request for reconsideration written argument or evidence in support of the request for reconsideration. The commissioner's disposition of a request for reconsideration is final and is not subject to appeal under chapter 14.
Sec. 13. Minnesota Statutes 1994, section 245A.14, subdivision 6, is amended to read:
Subd. 6. [DROP-IN CHILD CARE PROGRAMS.] (a) Except as expressly set forth in this subdivision, drop-in child care programs must be licensed as a drop-in program under the rules governing child care programs operated in a center.
(b) Drop-in child care programs are exempt from the following Minnesota Rules:
(1) part 9503.0040;
(2) part 9503.0045, subpart 1, items F and G;
(3) part 9503.0050, subpart 6, except for children less than 2-1/2 years old;
(4) one-half the requirements of part 9503.0060, subpart 4, item A, subitems (2), (5), and (8), subpart 5, item A, subitems (2), (3), and (7), and subpart 6, item A, subitems (3) and (6);
(5) part 9503.0070; and
(6) part 9503.0090, subpart 2.
(c) A drop-in child care program must be operated under the supervision of a person qualified as a director and a teacher.
(d) A drop-in child care program must have at least two persons on staff whenever the program is operating, except that the commissioner may permit variances from this requirement under specified circumstances for parent cooperative programs, as long as all other staff-to-child ratios are met.
(e) Whenever the total number of children present to be cared for at a center is more than 20, children that are younger than age 2-1/2 must be in a separate group. This group may contain children up to 60 months old. This group must be cared for in an area that is physically separated from older children.
(f) A drop-in child care program must maintain a minimum staff ratio for children age 2-1/2 or greater of one staff person for each ten children.
(g) If the program has additional staff who are on call as a mandatory condition of their employment, the minimum child-to-staff ratio may be exceeded only for children age 2-1/2 or greater, by a maximum of four children, for no more than 20 minutes while additional staff are in transit.
(h) The minimum staff-to-child ratio for infants up to 16 months of age is one staff person for every four infants. The minimum staff-to-child ratio for children age 17 months to 30 months is one staff for every seven children.
(i) In drop-in care programs that serve both infants and older children, children up to age 2-1/2 may be supervised by assistant teachers, as long as other staff are present in appropriate ratios.
(j) The minimum staff distribution pattern for a drop-in child care program serving children age 2-1/2 or greater is: the first staff member must be a teacher; the second, third, and fourth staff members must have at least the qualifications of a child care aide; the fifth staff member must have at least the qualifications of an assistant teacher; the sixth, seventh, and eighth staff members must have at least the qualifications of a child care aide; and the ninth staff person must have at least the qualifications of an assistant teacher.
(k) A drop-in child care program may care for siblings 16 months or older together in any group. For purposes of this subdivision, sibling is defined as sister or brother, half-sister or half-brother, or stepsister or stepbrother.
(l) The commissioner may grant a variance to any of the requirements in paragraphs (a) to (k), as long as the health and safety of the persons served by the program are not affected. The request for a variance shall comply with the provisions in section 245A.04, subdivision 9.
Sec. 14. Minnesota Statutes 1994, section 256.014, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF SYSTEMS.] The commissioner of human services shall establish and enhance computer systems necessary for the efficient operation of the programs the commissioner supervises, including:
(1) management and administration of the food stamp and income maintenance programs, including the electronic distribution of benefits;
(2) management and administration of the child support enforcement program; and
(3) administration of medical assistance and general assistance medical care.
The commissioner shall distribute the nonfederal share of the costs of operating and maintaining the systems to the commissioner and to the counties participating in the system in a manner that reflects actual system usage, except that the nonfederal share of the costs of the MAXIS computer system and child support enforcement systems shall be borne entirely by the commissioner. Development costs must not be assessed against county agencies.
Sec. 15. Minnesota Statutes 1994, section 256.025, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, the following terms have the meanings given them.
(b) "Base amount" means the calendar year 1990 county share of county agency expenditures for all of the programs specified in subdivision 2, except for the programs in subdivision 2, clauses (4), (7), and (13). The 1990 base amount
for subdivision 2, clause (4), shall be reduced by one-seventh for each county, and the 1990 base amount for subdivision 2, clause (7), shall be reduced by seven-tenths for each county, and those amounts in total shall be the 1990 base amount for group residential housing in subdivision 2, clause (13).
(c) "County agency expenditure" means the total expenditure or cost incurred by the county of financial responsibility for the benefits and services for each of the programs specified in subdivision 2. The term includes the federal, state, and county share of costs for programs in which there is federal financial participation. For programs in which there is no federal financial participation, the term includes the state and county share of costs. The term excludes county administrative costs, unless otherwise specified.
(d) "Nonfederal share" means the sum of state and county shares of costs of the programs specified in subdivision 2.
(e) The "county share of county agency expenditures growth
amount" is the amount by which the county share of county agency
expenditures in calendar years 1991 to 2000 2002
has increased over the base amount.
Sec. 16. Minnesota Statutes 1994, section 256.025, subdivision 3, is amended to read:
Subd. 3. [PAYMENT METHODS.] (a) Beginning July 1, 1991, the state will reimburse counties for the county share of county agency expenditures for benefits and services distributed under subdivision 2. Reimbursement may take the form of offsets to billings of a county, if the county agrees to the offset process.
(b) Payments under subdivision 4 are only for client benefits and services distributed under subdivision 2 and do not include reimbursement for county administrative expenses.
(c) The state and the county agencies shall pay for assistance programs as follows:
(1) Where the state issues payments for the programs, the county shall monthly or quarterly pay to the state, as required by the department of human services, the portion of program costs not met by federal and state funds. The payment shall be an estimate that is based on actual expenditures from the prior period and that is sufficient to compensate for the county share of disbursements as well as state and federal shares of recoveries;
(2) Where the county agencies issue payments for the programs, the state shall monthly or quarterly pay to counties all federal funds available for those programs together with an amount of state funds equal to the state share of expenditures; and
(3) Payments made under this paragraph are subject to section 256.017. Adjustment of any overestimate or underestimate in payments shall be made by the state agency in any succeeding month.
Sec. 17. Minnesota Statutes 1994, section 256.026, is amended to read:
256.026 [ANNUAL APPROPRIATION.]
(a) There shall be appropriated from the general fund to the
commissioner of human services in fiscal year 1994 1996
the amount of $136,154,768 and in fiscal year 1997 and each
fiscal year thereafter the amount of $142,339,359, which is
the sum of the amount of human services aid determined for all
counties in Minnesota for calendar year 1992 under Minnesota
Statutes 1992, section 273.1398, subdivision 5a, before any
adjustments for calendar year 1991 $133,781,768.
(b) In addition to the amount in paragraph (a), there shall
also be annually appropriated from the general fund to the
commissioner of human services in fiscal years 1996, 1997, 1998,
1999, 2000, and 2001 the amount of $5,930,807
$5,574,241.
(c) The amounts appropriated under paragraphs (a) and (b) shall
be used with other appropriations to make payments required under
section 256.025 for fiscal year 1994 1996 and
thereafter.
Sec. 18. Minnesota Statutes 1994, section 256.034, subdivision 1, is amended to read:
Subdivision 1. [CONSOLIDATION OF TYPES OF ASSISTANCE.] Under the Minnesota family investment plan, assistance previously provided to families through the AFDC, food stamp, and general assistance programs must be combined into a single cash assistance program. As authorized by Congress, families receiving assistance through
the Minnesota family investment plan are automatically eligible for and entitled to medical assistance under chapter 256B. Federal, state, and local funds that would otherwise be allocated for assistance to families under the AFDC, food stamp, and general assistance programs must be transferred to the Minnesota family investment plan. The provisions of the Minnesota family investment plan prevail over any provisions of sections 245.771, 256.72 to 256.87, 256D.01 to 256D.21, or 393.07, subdivisions 10 and 10a, and any rules implementing those sections with which they are irreconcilable. The food stamp, general assistance, and work readiness programs for single persons and couples who are not responsible for the care of children are not replaced by the Minnesota family investment plan. Unless stated otherwise in statutes or rules governing the Minnesota family investment plan, participants in the Minnesota family investment plan shall be considered to be recipients of aid under aid to families with dependent children, family general assistance, and food stamps for the purposes of statutes and rules affecting such recipients or allocations of funding based on the assistance status of the recipients, and to specifically be subject to the provisions of section 256.98.
Sec. 19. Minnesota Statutes 1994, section 256.045, subdivision 3, is amended to read:
Subd. 3. [STATE AGENCY HEARINGS.] (a) Any person applying for, receiving or having received public assistance or a program of social services granted by the state agency or a county agency under sections 252.32, 256.031 to 256.036, and 256.72 to 256.879, chapters 256B, 256D, 256E, 261, or the federal Food Stamp Act whose application for assistance is denied, not acted upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly paid, or any patient or relative aggrieved by an order of the commissioner under section 252.27, or a party aggrieved by a ruling of a prepaid health plan, may contest that action or decision before the state agency by submitting a written request for a hearing to the state agency within 30 days after receiving written notice of the action or decision, or within 90 days of such written notice if the applicant, recipient, patient, or relative shows good cause why the request was not submitted within the 30-day time limit.
(b) Except for a prepaid health plan, a vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services under section 256E.08, subdivision 4, is not a party and may not request a hearing under this section, except if assisting a recipient as provided in subdivision 4.
(c) An applicant or recipient is not entitled to receive social services beyond the services included in the amended community social services plan developed under section 256E.081, subdivision 3, if the county agency has met the requirements in section 256E.081.
Sec. 20. Minnesota Statutes 1994, section 256.045, subdivision 4, is amended to read:
Subd. 4. [CONDUCT OF HEARINGS.] All hearings held pursuant to subdivision 3, 3a, or 4a shall be conducted according to the provisions of the federal Social Security Act and the regulations implemented in accordance with that act to enable this state to qualify for federal grants-in-aid, and according to the rules and written policies of the commissioner of human services. County agencies shall install equipment necessary to conduct telephone hearings. A state human services referee may schedule a telephone conference hearing when the distance or time required to travel to the county agency offices will cause a delay in the issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings may be conducted by telephone conferences unless the applicant, recipient, or former recipient objects. The hearing shall not be held earlier than five days after filing of the required notice with the county or state agency. The state human services referee shall notify all interested persons of the time, date, and location of the hearing at least five days before the date of the hearing. Interested persons may be represented by legal counsel or other representative of their choice, including a provider of therapy services, at the hearing and may appear personally, testify and offer evidence, and examine and cross-examine witnesses. The applicant, recipient, or former recipient shall have the opportunity to examine the contents of the case file and all documents and records to be used by the county or state agency at the hearing at a reasonable time before the date of the hearing and during the hearing. Upon request, the county agency shall provide reimbursement for transportation, child care, photocopying, medical assessment, witness fee, and other necessary and reasonable costs incurred by the applicant, recipient, or former recipient in connection with the appeal. All evidence, except that privileged by law, commonly accepted by reasonable people in the conduct of their affairs as having probative value with respect to the issues shall be submitted at the hearing and such hearing shall not be "a contested case" within the meaning of section 14.02, subdivision 3. The agency must present its evidence prior to or at the hearing, and may not submit evidence after the hearing except by agreement of the parties at the hearing, provided the recipient has the opportunity to respond.
Sec. 21. Minnesota Statutes 1994, section 256.045, subdivision 5, is amended to read:
Subd. 5. [ORDERS OF THE COMMISSIONER OF HUMAN SERVICES.] A state human services referee shall conduct a hearing on the appeal and shall recommend an order to the commissioner of human services. The recommended order must be based on all relevant evidence and must not be limited to a review of the propriety of
the state or county agency's action. A referee may take official notice of adjudicative facts. The commissioner of human services may accept the recommended order of a state human services referee and issue the order to the county agency and the applicant, recipient, former recipient, or prepaid health plan. The commissioner on refusing to accept the recommended order of the state human services referee, shall notify the county agency and the applicant, recipient, former recipient, or prepaid health plan of that fact and shall state reasons therefor and shall allow each party ten days' time to submit additional written argument on the matter. After the expiration of the ten-day period, the commissioner shall issue an order on the matter to the county agency and the applicant, recipient, former recipient, or prepaid health plan.
A party aggrieved by an order of the commissioner may appeal under subdivision 7, or request reconsideration by the commissioner within 30 days after the date the commissioner issues the order. The commissioner may reconsider an order upon request of any party or on the commissioner's own motion. A request for reconsideration does not stay implementation of the commissioner's order. Upon reconsideration, the commissioner may issue an amended order or an order affirming the original order.
Any order of the commissioner issued under this subdivision shall be conclusive upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order of the commissioner is binding on the parties and must be implemented by the state agency or a county agency until the order is reversed by the district court, or unless the commissioner or a district court orders monthly assistance or aid or services paid or provided under subdivision 10.
Except for a prepaid health plan, a vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services under section 256E.08, subdivision 4, is not a party and may not request a hearing or seek judicial review of an order issued under this section, unless assisting a recipient as provided in subdivision 4.
Sec. 22. Minnesota Statutes 1994, section 256.98, subdivision 1, is amended to read:
Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person who obtains, or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation, by intentional concealment of a material fact, or by impersonation or other fraudulent device, assistance to which the person is not entitled or assistance greater than that to which the person is entitled, or who knowingly aids or abets in buying or in any way disposing of the property of a recipient or applicant of assistance without the consent of the county agency with intent to defeat the purposes of sections 256.12, 256.031 to 256.0361, 256.72 to 256.871, and chapter 256B, or all of these sections is guilty of theft and shall be sentenced pursuant to section 609.52, subdivision 3, clauses (2), (3)(a) and (c), (4), and (5).
Sec. 23. Minnesota Statutes 1994, section 256.98, subdivision 8, is amended to read:
Subd. 8. [DISQUALIFICATION FROM PROGRAM.] Any person found to
be guilty of wrongfully obtaining assistance by a federal or
state court or by an administrative hearing determination, or
waiver thereof, through a disqualification consent agreement, or
as part of any approved diversion plan under section 401.065
in either the aid to families with dependent children
program or, the food stamp program, the
Minnesota family investment plan, the general assistance or
family general assistance program, the Minnesota supplemental aid
program, or the work readiness program shall be disqualified
from that program. The needs of that individual shall not be
taken into consideration in determining the grant level for that
assistance unit:
(1) for six months after the first offense;
(2) for 12 months after the second offense; and
(3) permanently after the third or subsequent offense.
Any The period for which sanctions are imposed
is effective, of program disqualification shall begin on
the date stipulated on the advance notice of disqualification
without possibility of postponement for administrative
stay, or administrative hearing and shall continue
through completion unless and until the findings upon which
the sanctions were imposed are reversed by a court of competent
jurisdiction. The period for which sanctions are imposed is not
subject to review. The sanctions provided under this subdivision
are in addition to, and not in substitution for, any other
sanctions that may be provided for by law for the offense
involved. Notwithstanding clauses (1) to (3), the
disqualification period shall not begin until the disqualified
individual establishes that they are otherwise eligible for the
program which is the subject of the disqualification.
Sec. 24. Minnesota Statutes 1994, section 256.983, subdivision 4, is amended to read:
Subd. 4. [FUNDING.] (a) Every involved county agency shall either have in place or obtain an approved contract which meets all federal requirements necessary to obtain enhanced federal funding for its welfare fraud control and fraud prevention investigation programs. County agency reimbursement shall be made through the settlement provisions applicable to the aid to families with dependent children and food stamp programs.
(b) After allowing an opportunity to establish compliance, the commissioner will deny administrative reimbursement if for any three-month period during any grant year, a county agency fails to comply with fraud investigation guidelines, or fails to meet the cost-effectiveness standards developed by the commissioner. This result is contingent on the commissioner providing written notice, including an offer of technical assistance, within 30 days of the end of the third or subsequent month of noncompliance. The county agency shall be required to submit a corrective action plan to the commissioner within 30 days of receipt of a notice of noncompliance. Failure to submit a corrective action plan or, continued deviation from standards of more than ten percent after submission of a corrective action plan, will result in denial of funding for each subsequent month during the grant year or billing the county agency for fraud prevention investigation (FPI) service provided by the commissioner. The denial of funding shall apply to the general settlement received by the county agency on a quarterly basis and shall not reduce the grant amount applicable to the FPI project.
Sec. 25. Minnesota Statutes 1994, section 256.983, is amended by adding a subdivision to read:
Subd. 5. [FRAUD PREVENTION INVESTIGATION; FPI PROGRAM EXPANSION; PILOT PROJECT.] (a) Within the limits of available appropriations and to the extent either required or authorized by applicable federal regulations, the commissioner of human services shall fund a two year pilot project to test the effectiveness of expanding the Fraud Prevention Investigation (FPI) Program to all remaining counties regardless of county AFDC case load size. Investigative staff shall be required to provide FPI services to financial assistance staff in all counties within FPI districts established by the commissioner.
(b) FPI district services providers shall be selected based on responses to requests for proposals issued by the commissioner. If proposals are not submitted or do not meet standards set forth in the request for proposal, the commissioner may provide or contract for FPI district service providers. Nothing in this initiative shall preclude existing counties currently operating an FPI program from submitting proposals to become district service providers.
(c) County agency financial assistance staff assigned to each FPI district shall comply with FPI program operational guidelines as set forth by the commissioner in section 256.986, subdivisions 1 to 4.
(d) Optionally, qualifying counties may apply for funding under section 256.986 to operate an FPI program pursuant to section 256.983.
Sec. 26. [256.986] [FRAUD CONTROL; PROGRAM INTEGRITY REINVESTMENT PROJECT.]
Subdivision 1. [PROGRAM ESTABLISHED.] Within the limits of available state and federal appropriations, and to the extent required or authorized by applicable federal regulations, the commissioner of human services shall make funding available to county agencies for the establishment of program integrity reinvestment initiatives. The project shall initially be limited to those county agencies participating in federally funded optional fraud control programs as of January 1, 1995.
Subd. 2. [COUNTY PROPOSALS.] Each included county shall develop and submit annual funding, staffing, and operating grant proposals to the commissioner no later than April 30 of each year. For the first operating year only, the proposal shall be submitted no later than October 30. Each proposal shall provide information on: (a) the staffing and funding of the fraud investigation and prosecution operations; (b) job descriptions for agency fraud control staff; (c) contracts covering outside investigative agencies; (d) operational methods to integrate the use of fraud prevention investigation techniques; and (e) administrative disqualification hearings and diversions into the existing county fraud control and prosecution procedures.
Subd. 3. [DEPARTMENT RESPONSIBILITIES.] The commissioner shall provide written instructions outlining the contents of the proposals to be submitted under this section. Instructions shall be made available 30 days prior to the date by which proposals under subdivision 2 must be submitted. The commissioner shall establish training programs which shall be attended by fraud control staff of all involved counties. The commissioner shall also develop the necessary operational guidelines, forms, and reporting mechanisms which shall be used by the involved counties.
Subd. 4. [STANDARDS.] The commissioner shall establish standards governing the performance levels of involved county investigative units based on grant agreements negotiated with the involved county agencies. The standards shall take into consideration and may include investigative caseloads, grant savings levels, the comparison of fraud prevention and prosecution directed investigations, utilization levels of administrative disqualification hearings, the timely reporting and implementation of disqualifications, and the timeliness of reports received from prosecutors.
Subd. 5. [FUNDING.] (a) Grant funds are intended to help offset the reduction in federal financial participation to 50 percent and may be apportioned to the participating counties whenever feasible, and within the commissioner's discretion, to achieve this goal. State funding shall be made available contingent on counties submitting a plan that is approved by the department of human services. Failure or delay in obtaining that approval shall not, however, eliminate the obligation to maintain fraud control efforts at the January 1, 1995, level. Additional counties may be added to the project to the extent that funds are subsequently made available. Every involved county must meet all federal requirements necessary to obtain federal funding for its welfare fraud control and prevention programs. County agency reimbursement shall be made through the settlement provisions applicable to the AFDC and food stamp programs.
(b) Should a county agency fail to comply with the standards set, or fail to meet cost-effectiveness standards developed by the commissioner for three months during any grant year, the commissioner shall deny reimbursement or administrative costs, after allowing an opportunity to establish compliance.
(c) Any denial of reimbursement under clause (b) is contingent on the commissioner providing written notice, including an offer of technical assistance, within 30 days of the end of the third or subsequent months of noncompliance. The county agency shall be required to submit a corrective action plan to the commissioner within 30 days of receipt of a notice of noncompliance. Failure to submit a corrective action plan or continued deviation from standards of more than ten percent after submission of corrective action plan, will result in denial of funding for each such month during the grant year, or billing the county agency for program integrity reinvestment project services provided by the commissioner. The denial of funding shall apply to the general settlement received by the county agency on a quarterly basis and shall not reduce the grant amount applicable to the program integrity reinvestment project.
Sec. 27. [256.9861] [ASSISTANCE TRANSACTION CARD FEE.]
Subdivision 1. [REPLACEMENT CARD.] The commissioner of human services may charge a cardholder, defined as a person in whose name the transaction card was issued, a $2 fee to replace an assistance transaction card. The fees shall be appropriated to the commissioner and used for electronic benefit purposes.
Subd. 2. [TRANSACTION FEE.] The commissioner may charge transaction fees in accordance with this subdivision up to a maximum of $10 in transaction fees per cardholder per month. In a given month, the first four cash withdrawals made by an individual cardholder are free. For subsequent cash withdrawals, $1 may be charged. No transaction fee can be charged if the card is used to purchase goods or services on a point of sale basis. A transaction fee subsequently set by the federal government may supersede a fee established under this subdivision. The fees shall be appropriated to the commissioner and used for electronic benefit purposes.
Sec. 28. Minnesota Statutes 1994, section 256E.08, subdivision 8, is amended to read:
Subd. 8. [REPORTING BY COUNTIES.] Beginning in calendar year 1980 each county shall submit to the commissioner of human services a financial accounting of the county's community social services fund, and other data required by the commissioner under section 256E.05, subdivision 3, paragraph (g), shall include:
(a) A detailed statement of income and expenses attributable to the fund in the preceding quarter; and
(b) A statement of the source and application of all money used
for social services programs by the county during the preceding
quarter, including the number of clients served and
expenditures for each service provided, as required by the
commissioner of human services.
In addition, each county shall submit to the commissioner of human services no later than February 15 of each year, a detailed balance sheet of the community social development fund for the preceding calendar year.
If county boards have joined or designated human service boards for purposes of providing community social services programs, the county boards may submit a joint statement or the human service board shall submit the statement, as applicable.
Sec. 29. Minnesota Statutes 1994, section 524.6-207, is amended to read:
524.6-207 [RIGHTS OF CREDITORS.]
No multiple-party account will be effective against an estate
of a deceased party to transfer to a survivor sums needed to pay
debts, taxes, and expenses of administration, including statutory
allowances to the surviving spouse, minor children and dependent
children or against a county agency with a claim authorized by
section 256B.15, if other assets of the estate are
insufficient, to the extent the deceased party is the source of
the funds or beneficial owner. A surviving party or P.O.D. payee
who receives payment from a multiple-party account after the
death of a deceased party shall be liable to account to the
deceased party's personal representative or a county agency
with a claim authorized by section 256B.15 for amounts the
decedent owned beneficially immediately before death to the
extent necessary to discharge any such claims and charges
remaining unpaid after the application of the assets of the
decedent's estate. No proceeding to assert this liability shall
be commenced unless by the personal representative
unless the personal representative has received a written
demand by a surviving spouse, a creditor or one acting for a
minor dependent child of the decedent, and no proceeding shall be
commenced later than two years following the death of the
decedent. Sums recovered by the personal representative shall be
administered as part of the decedent's estate. This section
shall not affect the right of a financial institution to make
payment on multiple-party accounts according to the terms
thereof, or make it liable to the estate of a deceased party
unless, before payment, the institution has been served with
process in a proceeding by the personal representative or a
county agency with a claim authorized by section 256B.15.
Sec. 30. Minnesota Statutes 1994, section 550.37, subdivision 14, is amended to read:
Subd. 14. [PUBLIC ASSISTANCE.] All relief based on need, and
the earnings or salary of a person who is a recipient of relief
based on need, shall be exempt from all claims of creditors
including any contractual setoff or security interest asserted by
a financial institution. For the purposes of this chapter,
relief based on need includes AFDC, general assistance medical
care, supplemental security income, medical assistance, Minnesota
supplemental assistance, and general assistance. The salary or
earnings of any debtor who is or has been a an
eligible recipient of relief based on need, or an inmate of a
correctional institution shall, upon the debtor's return to
private employment or farming after having been a an
eligible recipient of relief based on need, or an inmate of a
correctional institution, be exempt from attachment, garnishment,
or levy of execution for a period of six months after the
debtor's return to employment or farming and after all public
assistance for which eligibility existed has been
terminated. The exemption provisions contained in this
subdivision also apply for 60 days after deposit in any financial
institution, whether in a single or joint account. In tracing
the funds, the first-in first-out method of accounting shall be
used. The burden of establishing that funds are exempt rests
upon the debtor. Agencies distributing relief and the
correctional institutions shall, at the request of creditors,
inform them whether or not any debtor has been a an
eligible recipient of relief based on need, or an inmate of a
correctional institution, within the preceding six months.
Sec. 31. [MCLEOD COUNTY; COUNTY OFFICES OUTSIDE COUNTY SEAT.]
Notwithstanding Minnesota Statutes, section 382.04 to the contrary, the McLeod county auditor, treasurer, social service director, and recorder may temporarily office at a location in Glencoe township. The authority provided in this section expires six years after final enactment.
Sec. 32. [EFFECTIVE DATE.]
Subdivision 1. Sections 3 to 13 (245A.03, subd. 2a; 245A.035, subd. 1-6; 245A.04, subd. 3; 245A.04, subd. 3b; 245A.04, subd. 7; 245A.04, subd. 9; 245A.06, subd. 2; 245A.06, subd. 4; 245A.06, subd. 7; 245A.07, subd. 3; 245A.14, subd. 6) are effective the day following final enactment.
Subd. 2. Sections 18 (256.034, subd. 1); 22 (256.98, subd. 1); and 23 (256.98, subd. 8), are effective July 1, 1995.
Subd. 3. Under Minnesota Statutes, section 645.023, subdivision 1, clause (a), section 31 takes effect, without local approval, the day following final enactment.
Section 1. Minnesota Statutes 1994, section 246.23, subdivision 2, is amended to read:
Subd. 2. [CHEMICAL DEPENDENCY TREATMENT.] The commissioner shall maintain a regionally based, state-administered system of chemical dependency programs. Counties may refer individuals who are eligible for
services under chapter 254B to the chemical dependency units in
the regional treatment centers. A 15 percent county share of the
per diem cost of treatment is required for individuals served
within the treatment capacity funded by direct legislative
appropriation. By July 1, 1991, the commissioner shall establish
criteria for admission to the chemical dependency units that will
maximize federal and private funding sources, fully utilize the
regional treatment center capacity, and make state-funded
treatment capacity available to counties on an equitable basis.
The admission criteria may be adopted without rulemaking.
Existing rules governing placements under chapters 254A and 254B
do not apply to admissions to the capacity funded by direct
appropriation. Private and third-party collections and payments
are appropriated to the commissioner for the operation of the
chemical dependency units. In addition to the chemical
dependency treatment capacity funded by direct legislative
appropriation, the regional treatment centers may provide
treatment to additional individuals whose treatment is paid for
out of the chemical dependency consolidated treatment fund under
chapter 254B, in which case placement rules adopted under chapter
254B apply,; to those individuals who are ineligible
but committed for treatment under chapter 253B as provided in
section 254B.05, subdivision 4; or to individuals
covered through other nonstate payment sources.
Sec. 2. Minnesota Statutes 1994, section 252.275, subdivision 3, is amended to read:
Subd. 3. [REIMBURSEMENT.] Counties shall be reimbursed for all
expenditures made pursuant to subdivision 1 at a rate of 70
percent, up to the allocation determined pursuant to subdivisions
4, 4a, and 4b. However, the commissioner shall not
reimburse costs of services for any person if the costs exceed
the state share of the average medical assistance costs for
services provided by intermediate care facilities for a person
with mental retardation or a related condition for the same
fiscal year, and shall not reimburse costs of a one-time living
allowance for any person if the costs exceed $1,500 in a state
fiscal year. For the biennium ending June 30, 1993, the
commissioner shall not reimburse costs in excess of the 85th
percentile of hourly service costs based upon the cost
information supplied to the legislature in the proposed budget
for the biennium. The commissioner may make payments to each
county in quarterly installments. The commissioner may certify
an advance of up to 25 percent of the allocation. Subsequent
payments shall be made on a reimbursement basis for reported
expenditures and may be adjusted for anticipated spending
patterns.
Sec. 3. Minnesota Statutes 1994, section 252.275, subdivision 4, is amended to read:
Subd. 4. [FORMULA.] Effective January 1, 1992, The
commissioner shall allocate funds on a calendar year basis.
For calendar year 1992, funds shall be allocated based on each
county's portion of the statewide reimbursement received under
this section for state fiscal year 1991. For subsequent calendar
years, funds shall be Beginning with the calendar year in
the 1996 grant period, funds shall be allocated first in amounts
equal to each county's guaranteed floor according to subdivision
4b, with any remaining available funds allocated based on
each county's portion of the statewide expenditures eligible for
reimbursement under this section during the 12 months ending on
June 30 of the preceding calendar year.
If the legislature appropriates funds for special purposes, the commissioner may allocate the funds based on proposals submitted by the counties to the commissioner in a format prescribed by the commissioner. Nothing in this section prevents a county from using other funds to pay for additional costs of semi-independent living services.
Sec. 4. Minnesota Statutes 1994, section 252.275, subdivision 8, is amended to read:
Subd. 8. [USE OF FEDERAL FUNDS AND TRANSFER OF FUNDS TO MEDICAL ASSISTANCE.] (a) The commissioner shall make every reasonable effort to maximize the use of federal funds for semi-independent living services.
(b) The commissioner shall reduce the payments to be made under this section to each county from January 1, 1994 to June 30, 1996, by the amount of the state share of medical assistance reimbursement for services other than residential services provided under the home and community-based waiver program under section 256B.092 from January 1, 1994 to June 30, 1996, for clients for whom the county is financially responsible and who have been transferred by the county from the semi-independent living services program to the home and community-based waiver program. Unless otherwise specified, all reduced amounts shall be transferred to the medical assistance state account.
(c) For fiscal year 1997, the base appropriation available under this section shall be reduced by the amount of the state share of medical assistance reimbursement for services other than residential services provided under the home and community-based waiver program authorized in section 256B.092 from January 1, 1995 to December 31, 1995, for persons who have been transferred from the semi-independent living services program to the home and community-based waiver program. The base appropriation for the medical assistance state account shall be increased by the same amount.
(d) For purposes of calculating the guaranteed floor under
subdivision 4b and to establish the calendar year 1996
allocations, each county's original allocation for calendar year
1995 shall be reduced by the amount transferred to the state
medical assistance account under paragraph (b) during the six
months ending on June 30, 1995. For purposes of calculating the
guaranteed floor under subdivision 4b and to establish the
calendar year 1997 allocations, each county's original allocation
for calendar year 1996 shall be reduced by the amount transferred
to the state medical assistance account under paragraph (b)
during the six months ending on June 30, 1996 December
31, 1995.
Sec. 5. Minnesota Statutes 1994, section 252.292, subdivision 4, is amended to read:
Subd. 4. [FACILITY RATES.] For purposes of this section, the commissioner shall establish payment rates under section 256B.501 and Minnesota Rules, parts 9553.0010 to 9553.0080, except that, in order to facilitate an orderly transition of residents from community intermediate care facilities for persons with mental retardation or related conditions to services provided under the home and community-based services program, the commissioner may, in a contract with the provider, modify the effect of provisions in Minnesota Rules, parts 9553.0010 to 9553.0080, as stated in clauses (a) to (i):
(a) extend the interim and settle-up rate provisions to include facilities covered by this section;
(b) extend the length of the interim period but not to exceed
24 12 months. The commissioner may grant a
variance to exceed the 24-month 12-month interim
period, as necessary, for facilities which are licensed and
certified to serve more than 99 persons. In no case shall the
commissioner approve an interim period which exceeds 36
24 months;
(c) waive the investment per bed limitations for the interim period and the settle-up rate;
(d) limit the amount of reimbursable expenses related to the acquisition of new capital assets;
(e) prohibit the acquisition of additional capital debt or refinancing of existing capital debt unless prior approval is obtained from the commissioner;
(f) establish an administrative operating cost limitation for the interim period and the settle-up rate;
(g) require the retention of financial and statistical records until the commissioner has audited the interim period and the settle-up rate;
(h) require that the interim period be audited by a certified or licensed public accounting firm; or
(i) change any other provision to which all parties to the contract agree.
Sec. 6. Minnesota Statutes 1994, section 252.46, subdivision 1, is amended to read:
Subdivision 1. [RATES.] (a) Payment rates to vendors, except regional centers, for county-funded day training and habilitation services and transportation provided to persons receiving day training and habilitation services established by a county board are governed by subdivisions 2 to 19. The commissioner shall approve the following three payment rates for services provided by a vendor:
(1) a full-day service rate for persons who receive at least six service hours a day, including the time it takes to transport the person to and from the service site;
(2) a partial-day service rate that must not exceed 75 percent of the full-day service rate for persons who receive less than a full day of service; and
(3) a transportation rate for providing, or arranging and paying for, transportation of a person to and from the person's residence to the service site.
(b) The commissioner may also approve an hourly job-coach, follow-along rate for services provided by one employee en route to or from community locations to supervise, support, and assist one person receiving the vendor's services to learn job-related skills necessary to obtain or retain employment when and where no other persons receiving services are present and when all the following criteria are met:
(1) the vendor requests and the county recommends the optional rate;
(2) the service is prior authorized by the county on the medicaid management information system for no more than 414 hours in a 12-month period and the daily per person charge to medical assistance does not exceed the vendor's approved full day plus transportation rates;
(3) separate full day, partial day, and transportation rates are not billed for the same person on the same day;
(4) the approved hourly rate does not exceed the sum of the vendor's current average hourly direct service wage, including fringe benefits and taxes, plus a component equal to the vendor's average hourly nondirect service wage expenses; and
(5) the actual revenue received for provision of hourly job-coach, follow-along services is subtracted from the vendor's total expenses for the same time period and those adjusted expenses are used for determining recommended full day and transportation payment rates under subdivision 5 in accordance with the limitations in subdivision 3.
(c) Medical assistance rates for home and community-based service provided under section 256B.501, subdivision 4, by licensed vendors of day training and habilitation services must not be greater than the rates for the same services established by counties under sections 252.40 to 252.47. For very dependent persons with special needs the commissioner may approve an exception to the approved payment rate under section 256B.501, subdivision 4 or 8.
Sec. 7. Minnesota Statutes 1994, section 252.46, subdivision 3, is amended to read:
Subd. 3. [RATE MAXIMUM.] Unless a variance is granted under
subdivision 6, the maximum payment rates for each vendor for a
calendar year must be equal to the payment rates approved by the
commissioner for that vendor in effect December 1 of the previous
calendar year. The commissioner of finance shall include as a
budget change request in each biennial detailed expenditure
budget submitted to the legislature under section 16A.11 annual
inflation adjustments in reimbursement rates for each vendor,
based upon the projected percentage change in the urban consumer
price index, all items, published by the United States Department
of Labor, for the upcoming calendar year over the current
calendar year. The commissioner shall not provide an annual
inflation adjustment for the biennium ending June 30,
1993.
Sec. 8. Minnesota Statutes 1994, section 252.46, subdivision 6, is amended to read:
Subd. 6. [VARIANCES.] (a) A variance from the minimum
or maximum payment rates in subdivisions 2 and 3 may be granted
by the commissioner when the vendor requests and the county board
submits to the commissioner a written variance request on forms
supplied by the commissioner with the recommended payment
rates.
(a) A variance to the rate maximum may be utilized for
costs associated with compliance with state administrative rules,
compliance with court orders, capital costs required for
continued licensure, increased insurance costs, start-up and
conversion costs for supported employment, direct service staff
salaries and benefits, transportation, and other program related
costs when any of the criteria in clauses (1) to (3)
and (2) is also met:
(1) change is necessary to comply with licensing citations; or
(2) a significant change is approved by the commissioner under
section 252.28 that is necessary to provide authorized services
to new clients with very severe self-injurious or assaultive
behavior, or medical conditions requiring delivery of
physician-prescribed medical interventions requiring one-to-one
staffing for at least 15 minutes each time they are performed, or
to new clients directly discharged to the vendor's program from a
regional treatment center; or
(3) a significant increase in the average level of staffing is needed to provide authorized services approved by the commissioner under section 252.28, that is necessitated by a decrease in licensed capacity or loss of clientele when counties choose alternative services under Laws 1992, chapter 513, article 9, section 41.
A variance under this paragraph may be approved only if the costs to the medical assistance program do not exceed the medical assistance costs for all clients served by the alternatives and all clients remaining in the existing services.
(b) A variance to the rate minimum may be granted when (1) the county board contracts for increased services from a vendor and for some or all individuals receiving services from the vendor lower per unit fixed costs result or (2) when the actual costs of delivering authorized service over a 12-month contract period have decreased.
(c) The written variance request under this subdivision must include documentation that all the following criteria have been met:
(1) The commissioner and the county board have both conducted a review and have identified a need for a change in the payment rates and recommended an effective date for the change in the rate.
(2) The vendor documents efforts to reallocate current staff and any additional staffing needs cannot be met by using temporary special needs rate exceptions under Minnesota Rules, parts 9510.1020 to 9510.1140.
(3) The vendor documents that financial resources have been reallocated before applying for a variance. No variance may be granted for equipment, supplies, or other capital expenditures when depreciation expense for repair and replacement of such items is part of the current rate.
(4) For variances related to loss of clientele, the vendor documents the other program and administrative expenses, if any, that have been reduced.
(5) The county board submits verification of the conditions for which the variance is requested, a description of the nature and cost of the proposed changes, and how the county will monitor the use of money by the vendor to make necessary changes in services.
(6) The county board's recommended payment rates do not exceed 95 percent of the greater of 125 percent of the current statewide median or 125 percent of the regional average payment rates, whichever is higher, for each of the regional commission districts under sections 462.381 to 462.396 in which the vendor is located except for the following: when a variance is recommended to allow authorized service delivery to new clients with severe self-injurious or assaultive behaviors or with medical conditions requiring delivery of physician prescribed medical interventions, or to persons being directly discharged from a regional treatment center to the vendor's program, those persons must be assigned a payment rate of 200 percent of the current statewide average rates. All other clients receiving services from the vendor must be assigned a payment rate equal to the vendor's current rate unless the vendor's current rate exceeds 95 percent of 125 percent of the statewide median or 125 percent of the regional average payment rates, whichever is higher. When the vendor's rates exceed 95 percent of 125 percent of the statewide median or 125 percent of the regional average rates, the maximum rates assigned to all other clients must be equal to the greater of 95 percent of 125 percent of the statewide median or 125 percent of the regional average rates. The maximum payment rate that may be recommended for the vendor under these conditions is determined by multiplying the number of clients at each limit by the rate corresponding to that limit and then dividing the sum by the total number of clients.
(7) The vendor has not received a variance under this subdivision in the past 12 months.
(d) The commissioner shall have 60 calendar days from the date of the receipt of the complete request to accept or reject it, or the request shall be deemed to have been granted. If the commissioner rejects the request, the commissioner shall state in writing the specific objections to the request and the reasons for its rejection.
Sec. 9. Minnesota Statutes 1994, section 252.46, subdivision 17, is amended to read:
Subd. 17. [HOURLY RATE STRUCTURE.] Counties participating as host counties under the pilot study of hourly rates established under Laws 1988, chapter 689, article 2, section 117, may recommend continuation of the hourly rates for participating vendors. The recommendation must be made annually under subdivision 5 and according to the methods and standards provided by the commissioner. The commissioner shall approve the hourly rates when service authorization, billing, and payment for services is possible through the Medicaid management information system and the other criteria in this subdivision are met. Counties and vendors operating under the pilot study of hourly rates established under Laws 1988, chapter 689, article 2, section 117, shall work with the commissioner to translate the hourly rates and actual expenditures into rates meeting the criteria in subdivisions 1 to 16 unless hourly rates are approved under this subdivision. If the rates meeting the criteria in subdivisions 1 to 16 are lower than the county's or vendor's current rate, the county or vendor must continue to receive the current rate.
Sec. 10. Minnesota Statutes 1994, section 252.46, is amended by adding a subdivision to read:
Subd. 19. [STUDY OF VENDORS.] The commissioner shall study the feasibility of grouping vendors of similar size, location, direct service staffing needs or performance outcomes to establish payment rate limits that define cost-effective service. Based on the conclusions of the feasibility study the department shall consider developing a method to redistribute dollars from less cost effective to more cost-effective services based on vendor achievement
of performance outcomes. The department shall report to the legislature by January 15, 1996, with results of the study and recommendations for further action. The department shall consult with an advisory committee representing counties, service consumers, vendors, and the legislature.
Sec. 11. Minnesota Statutes 1994, section 252.46, is amended by adding a subdivision to read:
Subd. 20. [VENDOR APPEALS.] With the concurrence of the county board, a vendor may appeal the commissioner's rejection of a variance request which has been submitted by the county under subdivision 6 and may appeal the commissioner's denial under subdivision 9 of a rate which has been recommended by the county. To appeal, the vendor and county board must file a written notice of appeal with the commissioner. The notice of appeal must be filed or received by the commissioner within 45 days of the postmark date on the commissioner's notification to the vendor and county agency that a variance request or county recommended rate has been denied. The notice of appeal must specify the reasons for the appeal, the dollar amount in dispute, and the basis in statute or rule for challenging the commissioner's decision.
Within 45 days of receipt of the notice of appeal, the commissioner must convene a reconciliation conference to attempt to resolve the rate dispute. If the dispute is not resolved to the satisfaction of the parties, the parties may initiate a contested case proceeding under sections 14.57 to 14.69. In a contested case hearing held under this section, the appealing party must demonstrate by a preponderance of the evidence that the commissioner incorrectly applied the governing law or regulations, or that the commissioner improperly exercised the commissioner's discretion, in refusing to grant a variance or in refusing to adopt a county recommended rate.
Until an appeal is fully resolved, payments must continue at the existing rate pending the results of the appeal. Retroactive payments consistent with the final decision shall be made after the appeal is fully resolved.
Sec. 12. [252.60] [LOCALLY MANAGED INTEGRATED FUND DEMONSTRATION PILOT PROJECT.]
Subdivision 1. [PURPOSE.] In order to demonstrate substantial change in the management and delivery of services to persons with mental retardation or related conditions, the commissioner of human services may cooperatively establish pilot projects with county agencies that are proposed and designed by local planning groups that include county and provider agencies, consumers, and advocacy agencies. The pilot projects are to determine whether a locally managed integrated funding model covering services for persons with mental retardation or related conditions is an effective mechanism to achieve the outcomes prescribed in Laws 1993, First Special Session chapter 1, article 4, section 12, regarding: (1) comprehensive reform; (2) service access and coordination; and (3) regulatory standards and quality assurance. These pilot projects shall result in a locally managed service system characterized by increased consumer choice, flexibility in the types and delivery methods of services, improved access to and coordination and continuity of services, streamlined and unified regulations and controls, and enhanced cost controls. For purposes of this project, waiver of certain statutory provisions is necessary in accordance with this section. The commissioner shall seek all federal waivers as necessary to implement this section.
Subd. 2. [DEFINITIONS.] (a) "Eligible persons" means individuals who reside within the geographic area designated under subdivision 3 and who are otherwise eligible as defined in section 256B.092. Other persons with a developmental disability as defined in United States Code, title 42, section 6001, may be determined eligible by the local managing entity to participate in these pilots.
(b) "Local managing entity" means the agency or alliance of agencies under contract with the Minnesota department of human services and participating in each local demonstration project that manages the resources and the delivery of services to eligible individuals.
Subd. 3. [GEOGRAPHIC AREA.] The commissioner shall designate the geographic areas in which eligible individuals and organizations will be included in the project.
Subd. 4. [PAYMENT.] The commissioner shall establish the method and amount of payments and prepayments for the management and delivery of services. The managing entity may integrate these funds with local resources appropriated for services to persons with mental retardation or related conditions and may require transfer of resources from other county agencies for eligible persons who reside within the geographic area and who are the financial responsibility of another county. The commissioner shall contract with the local managing entity and the contract shall be consistent with these established methods and amounts for payment.
Subd. 5. [SERVICE DELIVERY.] Each managing entity shall be responsible for management and delivery of services for eligible individuals within their geographic area. Managing entities:
(1) shall accept the prospective, per capita payment from the commissioner in return for the provision of comprehensive and coordinated services for eligible individuals enrolled in the project;
(2) may contract with health care, long-term care, and other providers to serve eligible persons enrolled in the project; and
(3) may integrate state, federal, and county resources into an account and draw funding from this single source to purchase or provide services for eligible persons.
Subd. 6. [REPORTING.] Each participating local managing entity shall submit information as required by the commissioner, including data required for assessing client satisfaction, quality of care, cost, and utilization of services for purposes of project evaluation.
Subd. 7. [ALTERNATIVE METHODS.] Upon federal waiver approval to proceed with these pilots, the commissioner may approve alternative methods to meet the intent of existing rules and statutes relating to services for eligible persons. Prior to approving alternative methods that meet the intent of existing rule or statute, including rights and procedural protections under sections 245.825; 245.91 to 245.97; 252.41, subdivision 9; 256.045; 256B.092; 626.556; and 626.557, and the county agency's responsibility to arrange for appropriate services and procedures for the monitoring of psychotropic medications, the commissioner shall notify the chairs of health and human services policy and finance committees within 30 days of receiving federal waiver approval, whether alternative methods to specific statutes need to be used in order to accomplish the goals of the pilots. The commissioner shall report to the legislature by February 1, 1996, on the status of the federal waiver request and, if the federal waiver is being implemented on that date, on the nature of any alternative methods being used for client protection.
Subd. 8. [NUMBER OF GRANTS.] For the biennium ending June 30, 1997, up to three pilot projects may be operational, and the commissioner may provide planning grants for up to three additional local planning groups to expand the projects in the next biennium.
Sec. 13. Minnesota Statutes 1994, section 254A.17, subdivision 3, is amended to read:
Subd. 3. [STATEWIDE DETOXIFICATION TRANSPORTATION PROGRAM.]
The commissioner shall provide grants to counties, Indian
reservations, other nonprofit agencies, or local detoxification
programs for provision of transportation of intoxicated
individuals to detoxification programs, to open shelters, and to
secure shelters as defined in section 254A.085 and shelters
serving intoxicated persons. In state fiscal years 1994
and, 1995, and 1996, funds shall be
allocated to counties in proportion to each county's allocation
in fiscal year 1993. In subsequent fiscal years, funds shall be
allocated among counties annually in proportion to each county's
average number of detoxification admissions for the prior two
years, except that no county shall receive less than $400.
Unless a county has approved a grant of funds under this section,
the commissioner shall make quarterly payments of detoxification
funds to a county only after receiving an invoice describing the
number of persons transported and the cost of transportation
services for the previous quarter. A county must make a good
faith effort to provide the transportation service through the
most cost-effective community-based agencies or organizations
eligible to provide the service. The program administrator
and all staff of the program must report to the office of the
ombudsman for mental health and mental retardation within 24
hours of its occurrence, any serious injury, as defined in
section 245.91, subdivision 6, or the death of a person admitted
to the shelter. The ombudsman shall acknowledge in writing the
receipt of all reports made to the ombudsman's office under this
section. Acknowledgment must be mailed to the facility and to
the county social service agency within five working days of the
day the report was made. In addition, the program administrator
and staff of the program must comply with all of the requirements
of section 626.557, the vulnerable adults act.
Sec. 14. Minnesota Statutes 1994, section 254B.02, subdivision 1, is amended to read:
Subdivision 1. [CHEMICAL DEPENDENCY TREATMENT ALLOCATION.] The chemical dependency funds appropriated for allocation shall be placed in a special revenue account. For the fiscal year beginning July 1, 1987, funds shall be transferred to operate the vendor payment, invoice processing, and collections system for one year. The commissioner shall annually transfer funds from the chemical dependency fund to pay for operation of the drug and alcohol abuse normative evaluation system and to pay for all costs incurred by adding two positions for licensing of chemical dependency treatment and rehabilitation programs located in hospitals for which funds are not otherwise
appropriated. The commissioner shall annually divide the money available in the chemical dependency fund that is not held in reserve by counties from a previous allocation. Twelve percent of the remaining money must be reserved for treatment of American Indians by eligible vendors under section 254B.05. The remainder of the money must be allocated among the counties according to the following formula, using state demographer data and other data sources determined by the commissioner:
(a) The county non-Indian and over age 14 per capita-months
of eligibility for aid to families with dependent children,
general assistance, and medical assistance is divided by the
total state non-Indian and over age 14 per capita-months of
eligibility to determine the caseload factor for each
county.
(b) The average median married couple income for the
previous three years for the state is divided by the average
median married couple income for the previous three years for
each county to determine the income factor.
(c) The non-Indian and over age 14 population of the county
is multiplied by the sum of the income factor and the caseload
factor to determine the adjusted population.
(a) For purposes of this formula, American Indians and children under age 14 are subtracted from the population of each county to determine the restricted population.
(b) The amount of chemical dependency fund expenditures for entitled persons for services not covered by prepaid plans governed by section 256B.69 in the previous year is divided by the amount of chemical dependency fund expenditures for entitled persons for all services to determine the proportion of exempt service expenditures for each county.
(c) The prepaid plan months of eligibility is multiplied by the proportion of exempt service expenditures to determine the adjusted prepaid plan months of eligibility for each county.
(d) The adjusted prepaid plan months of eligibility is added to the number of restricted population fee for service months of eligibility for aid to families with dependent children, general assistance, and medical assistance and divided by the county restricted population to determine county per capita months of covered service eligibility.
(e) The number of adjusted prepaid plan months of eligibility for the state is added to the number of fee for service months of eligibility for aid to families with dependent children, general assistance, and medical assistance for the state restricted population and divided by the state restricted population to determine state per capita months of covered service eligibility.
(f) The county per capita months of covered service eligibility is divided by the state per capita months of covered service eligibility to determine the county welfare caseload factor.
(g) The median married couple income for the most recent three-year period available for the state is divided by the median married couple income for the same period for each county to determine the income factor for each county.
(h) The county restricted population is multiplied by the sum of the county welfare caseload factor and the county income factor to determine the adjusted population.
(d) (i) $15,000 shall be allocated to each
county.
(e) (j) The remaining funds shall be allocated
proportional to the county adjusted population.
Sec. 15. Minnesota Statutes 1994, section 254B.05, subdivision 1, is amended to read:
Subdivision 1. [LICENSURE REQUIRED.] Programs licensed by the commissioner are eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors, notwithstanding the provisions of section 245A.03. American Indian programs located on federally recognized tribal lands that provide chemical dependency primary treatment, extended care, transitional residence, or outpatient treatment services, and are licensed by tribal government are eligible vendors. Detoxification programs are not eligible vendors. Programs that are not licensed as a chemical dependency residential or nonresidential treatment program by the commissioner or by tribal government are not eligible vendors. To be eligible for payment under the Consolidated Chemical Dependency Treatment Fund, a vendor must participate in the Drug and Alcohol Abuse Normative Evaluation System and the treatment accountability plan.
Sec. 16. [256.476] [CONSUMER SUPPORT PROGRAM.]
Subdivision 1. [PURPOSE AND GOALS.] The commissioner of human services shall establish a consumer support grant program to assist individuals with functional limitations and their families in purchasing and securing supports which the individuals need to live as independently and productively in the community as possible. The program shall:
(1) make support grants available to individuals or families as an effective alternative to existing programs and services, such as the developmental disability family support program, the alternative care program, personal care attendant services, home health aide services, and nursing facility services;
(2) provide consumers more control, flexibility, and responsibility over the needed supports;
(3) promote local program management and decision-making; and
(4) encourage the use of informal and typical community supports.
Subd. 2. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given them:
(a) "County board" means the county board of commissioners for the county of financial responsibility as defined in section 256G.02, subdivision 4, or its designated representative. When a human services board has been established under sections 402.01 to 402.10, it shall be considered the county board for the purposes of this section.
(b) "Family" means the person's birth parents, adoptive parents or stepparents, siblings or stepsiblings, children or stepchildren, grandparents, grandchildren, niece, nephew, aunt, uncle, or spouse. For the purposes of this section, a family member is at least 18 years of age.
(c) "Functional limitations" means the long-term inability to perform an activity or task in one or more areas of major life activity, including self-care, understanding and use of language, learning, mobility, self-direction, and capacity for independent living. For the purpose of this section, the inability to perform an activity or task results from a mental, emotional, psychological, sensory, or physical disability, condition, or illness.
(d) "Informed choice" means a voluntary decision made by the person or the person's legal representative, after becoming familiarized with the alternatives to:
(1) select a preferred alternative from a number of feasible alternatives;
(2) select an alternative which may be developed in the future; and
(3) refuse any or all alternatives.
(e) "Local agency" means the local agency authorized by the county board to carry out the provisions of this section.
(f) "Person" or "persons" means a person or persons meeting the eligibility criteria in subdivision 3.
(g) "Responsible individual" means an individual designated by the person or their legal representative to act on their behalf. This individual may be a family member, guardian, representative payee, or other individual designated by the person or their legal representative, if any, to assist in purchasing and arranging for supports. For the purposes of this section, a responsible individual is at least 18 years of age.
(h) "Screening" means the screening of a person's service needs under sections 256B.0911 and 256B.092.
(i) "Supports" means services, care, aids, home modifications, or assistance purchased by the person or the person's family. Examples of supports include respite care, assistance with daily living, and adaptive aids. For the purpose of this section, notwithstanding the provisions of section 144A.43, supports purchased under the consumer support program are not considered home care services.
Subd. 3. [ELIGIBILITY TO APPLY FOR GRANTS.] (a) A person is eligible to apply for a consumer support grant if the person meets all of the following criteria:
(1) the person is eligible for medical assistance as determined under sections 256B.055 and 256B.056 or the person is eligible for alternative care services as determined under section 256B.0913;
(2) the person is able to direct and purchase their own care and supports, or the person has a family member, legal representative, or other responsible individual who can purchase and arrange supports on the person's behalf;
(3) the person has functional limitations, requires ongoing supports to live in the community, and is at risk of or would continue institutionalization without such supports; and
(4) the person will live in a home. For the purpose of this section, "home" means the person's own home or home of a person's family member. These homes are natural home settings and are not licensed by the department of health or human services.
(b) Persons may not concurrently receive a consumer support grant if they are:
(1) receiving home and community-based services under United States Code, title 42, section 1396h(c); personal care attendant and home health aide services under section 256B.0625; a developmental disability family support grant; or alternative care services under section 256B.0913; or
(2) residing in an institutional or congregate care setting.
(c) A person or person's family receiving a consumer support grant shall not be charged a fee or premium by a local agency for participating in the program. A person or person's family is not eligible for a consumer support grant if their income is at a level where they are required to pay a parental fee under sections 252.27, 256B.055, subdivision 12, and 256B.14 and rules adopted under those sections for medical assistance services to a disabled child living with at least one parent.
Subd. 4. [SUPPORT GRANTS; CRITERIA AND LIMITATIONS.] (a) The local agency shall establish written procedures and criteria to determine the amount and use of support grants. These procedures must include, at least, the availability of respite care, assistance with daily living, and adaptive aids. The local agency may establish monthly or annual maximum amounts for grants and procedures where exceptional resources may be required to meet the health and safety needs of the person on a time-limited basis.
(b) Support grants to a person or a person's family may be provided through a monthly subsidy or lump sum payment basis and be in the form of cash, voucher, or direct county payment to vendor. Support grant amounts must be determined by the local agency. Each service and item purchased with a support grant must meet all of the following criteria:
(1) it must be over and above the normal cost of caring for the person if the person did not have functional limitations;
(2) it must be directly attributable to the person's functional limitations;
(3) it must enable a person or the person's family to delay or prevent out-of-home placement of the person; and
(4) it must be consistent with the needs identified in the service plan, when applicable.
(c) Items and services purchased with support grants must be those for which there are no other public or private funds available to the person or the person's family. Fees assessed to the person or the person's family for health and human services are not reimbursable through the grant.
(d) In approving or denying applications, the local agency shall consider the following factors:
(1) the extent and areas of the person's functional limitations;
(2) the degree of need in the home environment for additional support; and
(3) the potential effectiveness of the grant to maintain and support the person in the family environment or the person's own home.
(e) At the time of application to the program or screening for other services, the person or the person's family shall be provided sufficient information to ensure an informed choice of alternatives by the person, the person's legal representative, if any, or the person's family. The application shall be made to the local agency and shall specify the needs of the person and family, the form and amount of grant requested, the items and services to be reimbursed, and evidence of eligibility for medical assistance or alternative care program.
(f) Upon approval of an application by the local agency and agreement on a support plan for the person or person's family, the local agency shall make grants to the person or the person's family. The grant shall be in an amount for the direct costs of the services or supports outlined in the service agreement.
(g) Reimbursable costs shall not include costs for resources already available, such as special education classes, day training and habilitation, case management, other services to which the person is entitled, medical costs covered by insurance or other health programs, or other resources usually available at no cost to the person or the person's family.
Subd. 5. [REIMBURSEMENT, ALLOCATIONS, AND REPORTING.] (a) For the purpose of transferring persons to the consumer support grant program from specific programs or services, such as the developmental disability family support program and alternative care program, personal care attendant, home health aide, or nursing facility services, the amount of funds transferred by the commissioner between the developmental disability family support program account, the alternative care account, the medical assistance account, or the consumer support grant account shall be based on each county's participation in transferring persons to the consumer support grant program from those programs and services.
(b) At the beginning of each fiscal year, county allocations for consumer support grants shall be based on:
(1) the number of persons to whom the county board expects to provide consumer supports grants;
(2) their eligibility for current program and services;
(3) the amount of nonfederal dollars expended on those individuals for those programs and services; and
(4) projected dates when persons will start receiving grants. County allocations shall be adjusted periodically by the commissioner based on the actual transfer of persons or service openings, and the nonfederal dollars associated with those persons or service openings, to the consumer support grant program.
(c) The commissioner shall use up to five percent of each county's allocation, as adjusted, for payments to that county for administrative expenses, to be paid as a proportionate addition to reported direct service expenditures.
(d) The commissioner may recover, suspend, or withhold payments if the county board, local agency, or grantee does not comply with the requirements of this section.
Subd. 6. [RIGHT TO APPEAL.] Notice, appeal, and hearing procedures shall be conducted in accordance with section 256.045. The denial, suspension, or termination of services under this program may be appealed by a recipient or applicant under section 256.045, subdivision 3. It is an absolute defense to an appeal under this section, if the county board proves that it followed the established written procedures and criteria and determined that the grant could not be provided within the county board's allocation of money for consumer support grants.
Subd. 7. [FEDERAL FUNDS.] The commissioner and the counties shall make reasonable efforts to maximize the use of federal funds including funds available through grants and federal waivers. If federal funds are made available to the consumer support grant program, the money shall be allocated to the responsible county agency's consumer support grant fund.
Subd. 8. [COMMISSIONER RESPONSIBILITIES.] The commissioner shall:
(1) transfer and allocate funds pursuant to this section;
(2) determine allocations based on projected and actual local agency use;
(3) monitor and oversee overall program spending;
(4) evaluate the effectiveness of the program;
(5) provide training and technical assistance for local agencies and consumers to help identify potential applicants to the program; and
(6) develop guidelines for local agency program administration and consumer information.
Subd. 9. [COUNTY BOARD RESPONSIBILITIES.] County boards receiving funds under this section shall:
(1) determine the needs of persons and families for services and supports;
(2) determine the eligibility for persons proposed for program participation;
(3) approve items and services to be reimbursed and inform families of their determination;
(4) issue support grants directly to or on behalf of persons;
(5) submit quarterly financial reports and an annual program report to the commissioner;
(6) coordinate services and supports with other programs offered or made available to persons or their families; and
(7) provide assistance to persons or their families in securing or maintaining supports, as needed.
Subd. 10. [CONSUMER RESPONSIBILITIES.] Persons receiving grants under this section shall:
(1) spend the grant money in a manner consistent with their agreement with the local agency;
(2) notify the local agency of any necessary changes in the grant or the items on which it is spent;
(3) notify the local agency of any decision made by the person, the person's legal representative, or the person's family that would change their eligibility for consumer support grants;
(4) arrange and pay for supports; and
(5) inform the local agency of areas where they have experienced difficulty securing or maintaining supports.
Sec. 17. [256.973] [HOUSING FOR PERSONS WHO ARE ELDERLY, PERSONS WITH PHYSICAL OR DEVELOPMENTAL DISABILITIES, AND SINGLE-PARENT FAMILIES.]
Subdivision 1. [HOME SHARING.] The home-sharing grant program authorized by section 462A.05, subdivision 24, is transferred from the Minnesota housing finance agency to the department of human services. The housing finance agency shall administer the current grants that terminate on August 30, 1995. The department of human services shall administer grants funded after August 30, 1995. The department of human services may engage in housing programs, as defined by the agency, to provide grants to housing sponsors who will provide a home-sharing program for low- and moderate-income elderly, persons with physical or developmental disabilities, or single-parent families in urban and rural areas.
Subd. 2. [MATCHING OWNERS AND TENANTS.] Housing sponsors of home sharing programs, as defined by the agency, shall match existing homeowners with prospective tenants who will contribute either rent or services to the homeowner, where either the homeowner or the prospective tenant is elderly, a person with physical or developmental disabilities, or the head of a single-parent family. Home-sharing projects will coordinate efforts with appropriate public and private agencies and organizations in their area.
Subd. 3. [INFORMATION FOR PARTICIPANTS.] Housing sponsors who receive funding through these programs shall provide homeowners and tenants participating in a home-sharing program with information regarding their rights and obligations as they relate to federal and state tax law including, but not limited to, taxable rental income, homestead credit under chapter 273, and the property tax refund act under chapter 290A.
Subd. 4. [TECHNICAL ASSISTANCE.] The department of human services may provide technical assistance to sponsors of home-sharing programs or may contract or delegate the provision of technical assistance.
Subd. 5. [USING OUTSIDE AGENCIES.] The department of human services may delegate, use, or employ any federal, state, regional, or local public or private agency or organization, including organizations of physically handicapped persons, upon terms it deems necessary or desirable, to assist in the exercise of any of the powers granted in this section.
Sec. 18. Minnesota Statutes 1994, section 256B.0628, is amended by adding a subdivision to read:
Subd. 3. [ASSESSMENT AND PRIOR AUTHORIZATION PROCESS FOR RECIPIENTS OF BOTH HOME CARE AND HOME AND COMMUNITY-BASED WAIVERED SERVICES FOR PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS.] Effective January 1, 1996, for purposes of providing informed choice, coordinating of local planning decisions, and streamlining administrative requirements, the assessment and prior authorization process for persons receiving both home care and home and community-based waivered services for persons with mental retardation or related conditions shall meet the requirements of this section and section 256B.0627 with the following exceptions:
(a) Upon request for home care services and subsequent assessment by the public health nurse under section 256B.0627, the public health nurse shall participate in the screening process, as appropriate, and, if home care services are determined to be necessary, participate in the development of a service plan coordinating the need for home care and home and community-based waivered services with the assigned county case manager, the recipient of services, and the recipient's legal representative, if any.
(b) The public health nurse shall give prior authorization for home care services to the extent that home care services are:
(1) medically necessary;
(2) chosen by the recipient and their legal representative, if any, from the array of home care and home and community-based waivered services available;
(3) coordinated with other services to be received by the recipient as described in the service plan; and
(4) provided within the county's reimbursement limits for home care and home and community-based waivered services for persons with mental retardation or related conditions.
(c) If the public health agency is or may be the provider of home care services to the recipient, the public health agency shall provide the commissioner of human services with a written plan that specifies how the assessment and prior authorization process will be held separate and distinct from the provision of services.
Sec. 19. Minnesota Statutes 1994, section 256B.092, is amended by adding a subdivision to read:
Subd. 4c. [LIVING ARRANGEMENTS BASED ON A 24-HOUR PLAN OF CARE.] (a) Notwithstanding the requirements for licensure under Minnesota Rules, part 9525.1860, subpart 6, item D, and upon federal approval of an amendment to the home and community-based services waiver for persons with mental retardation or related conditions, a person receiving home and community-based services may choose to live in their own home without requiring that the living arrangement be licensed under Minnesota Rules, parts 9555.5050 to 9555.6265, provided the following conditions are met:
(1) the person receiving home and community-based services has chosen to live in their own home;
(2) home and community-based services are provided by a qualified vendor who meets the provider standards as approved in the Minnesota home and community-based services waiver plan for persons with mental retardation or related conditions;
(3) the person, or their legal representative, individually or with others has purchased or rents the home and the person's service provider has no financial interest in the home; and
(4) the service planning team, as defined in Minnesota Rules, part 9525.0004, subpart 24, has determined that the planned services, the 24-hour plan of care, and the housing arrangement are appropriate to address the health, safety, and welfare of the person.
(b) The county agency may require safety inspections of the selected housing as part of their determination of the adequacy of the living arrangement.
Sec. 20. [TRANSFER OF FUNDS.]
During the biennium ending June 30, 1997, state funds, which had been used during the 1994-1995 biennium to supplement payments to state operated home and community-based waiver services, shall be transferred to the
medical assistance account in order to implement the requirements of section 3. Sufficient money shall be retained in the applicable accounts to fund cost-of-living adjustments in the state-operated community waivered services programs.
Sec. 21. [CRISIS INTERVENTION PROJECTS.]
(a) The commissioner of human services may authorize up to five projects to provide crisis intervention through community-based services in the private or public sector to persons with developmental disabilities. The projects must be geographically distributed in rural and urban areas. The parameters of these projects may be consistent with the special needs crisis services outlined under Minnesota Statutes, section 256B.501, subdivision 8a.
(b) The commissioner shall request proposals from individual counties or groups of counties and establish criteria for approval of proposals. Criteria shall include:
(1) avoidance of duplication of service by agreements with hospitals and other public or private vendors as appropriate;
(2) reduction of inpatient psychiatric hospital expenses using a cost-effective alternative service;
(3) maintenance of clients in their current homes;
(4) promotion of service to clients under a capitation agreement with providers;
(5) coordination with other target populations and other counties;
(6) provision of a full complement of on-site and off-site behavioral support and crisis response services including: training and technical assistance to prevent out of home placements; crisis response, including in-home and short-term placements; and assessment of service outcomes;
(7) evaluation of service program efficacy and cost effectiveness.
(c) The commissioner shall review proposals in accordance with Minnesota Statutes, section 252.28, and shall report to the legislature on the cost effectiveness of the projects by January 15, 1997.
Sec. 22. [AUTHORIZATION FOR DOWNSIZING.]
Subdivision 1. [DUTIES OF THE COMMISSIONER.] (a) The commissioner of human services in consultation with Brown county and advocates of persons with mental retardation, shall carry out a voluntary downsizing of MBW on Center, an intermediate care facility for persons with mental retardation, to assure that appropriate services are provided in the least restrictive setting as provided under Minnesota Statutes, section 252.291, subdivision 3.
(b) The commissioner shall present a proposal to address issues relating to:
(1) redistribution of costs;
(2) specific plans for the development and provision of alternative services for residents moved from the intermediate care facility for persons with mental retardation or related conditions;
(3) timelines and expected beginning dates for resident relocation and facility downsizing; and
(4) projected expenditures for services provided to persons with mental retardation or related conditions.
(c) The commissioner shall ensure that residents discharged from the facility are appropriately placed according to need in compliance with Minnesota Rules, parts 9525.0025 to 9525.0165.
(d) The commissioner shall ensure that the proposal complies with need determination procedures in Minnesota Statutes, sections 252.28 and 252.291; case management responsibilities in Minnesota Statutes, section 256B.092; rate requirements in Minnesota Statutes, section 256B.501; the requirements under United States Code, title 42, section 1396, and the rules and regulations adopted under these laws.
(e) The resulting downsizing must result in living units of no larger than four persons, having single bedrooms and a common living room, dining room/kitchen, and bathroom.
(f) The commissioner shall contract with Brown county where the facility is located and the facility. The contract will address and be consistent with the requirements of the proposal.
(g) Operating costs of the facility after downsizing may not exceed the total allowable operating costs of the original facility. For purposes of rate setting for the facility after downsizing, fixed costs may be redistributed but must be based on the actual costs reflected in existing rates.
Subd. 2. [IMPLEMENTATION OF THE PROPOSAL.] For the purposes of the proposal, the commissioner shall:
(1) fund the downsizing of the ICF/MR; and
(2) notify Brown county and the facility of the selections made and approved by the commissioner. The decision of the commissioner is final and may not be appealed.
Sec. 23. [FACILITY CERTIFICATION.]
Notwithstanding Minnesota Statutes, section 252.291, subdivision 1, the commissioner of health shall inspect to certify a large community-based facility currently licensed under Minnesota Rules, parts 9525.0215 to 9525.0355, for more than 16 beds and located in Northfield. The facility may be certified for up to 44 beds. The commissioner of health must inspect to certify the facility as soon as possible after the effective date of this section. The commissioner of human services shall work with the facility and affected counties to relocate any current residents of the facility who do not meet the admission criteria for an ICF/MR. To fund the ICF/MR services and relocations of current residents authorized, the commissioner of human services may transfer on a quarterly basis to the medical assistance account from each affected county's community social service allocation, an amount equal to the state share of medical assistance reimbursement for the residential and day habilitation services funded by medical assistance and provided to clients for whom the county is financially responsible. For nonresidents of Minnesota seeking admission to the facility, Rice county shall be notified in order to assure that appropriate funding is guaranteed from their state or country of residence.
Sec. 24. [REPEALER.]
Minnesota Statutes 1994, section 252.275, subdivisions 4a and 10, are repealed.
Sec. 25. [EFFECTIVE DATE.]
Section 12 (252.60) is effective January 1, 1996. Section 16 (256.476) is effective July 1, 1996.
Section 1. Minnesota Statutes 1994, section 245A.14, subdivision 7, is amended to read:
Subd. 7. [CULTURAL DYNAMICS TRAINING FOR CHILD CARE
PROVIDERS.] (a) The ongoing training required of licensed
child care centers center staff and group
family and group family child care providers and
staff shall include training in the cultural dynamics of
early childhood development and child care as an
option.
(b) The cultural dynamics training must include, but not be
limited to, the following: awareness of the value and dignity of
different cultures and how different cultures complement each
other; awareness of the emotional, physical, and mental needs of
children and families of different cultures; knowledge of current
and traditional roles of women and men in different cultures,
communities, and family environments; and awareness of the
diversity of child rearing practices and parenting
traditions. shall be designed to achieve outcomes for
providers of child care that include, but are not limited
to:
(1) an understanding of the importance of culture in children's identity development;
(2) understanding the importance of awareness of cultural differences and similarities in working with children and their families;
(3) developing skills to help children develop unbiased attitudes about cultural differences; and
(4) developing skills in culturally appropriate caregiving. Curriculum for cultural dynamics training shall be approved by the commissioner.
(c) The commissioner shall amend current rules relating to the
initial training of the licensed child care center
staff and licensed providers included in paragraph (a)
of family and group family child care and staff to require
cultural dynamics training upon determining that sufficient
curriculum is developed statewide. Timelines established
in the rule amendments for complying with the cultural dynamics
training requirements shall be based on the commissioner's
determination that curriculum materials and trainers are
available statewide.
Sec. 2. Minnesota Statutes 1994, section 256.8711, is amended to read:
256.8711 [EMERGENCY ASSISTANCE; INTENSIVE FAMILY
PRESERVATION SERVICES.]
Subdivision 1. [SCOPE OF SERVICES.] (a) For a family
experiencing an emergency as defined in subdivision 2, and for
whom the county authorizes services under subdivision 3,
intensive family preservation services authorized under
this section include both intensive family preservation
services and emergency assistance placement services.
(b) For purposes of this section, intensive family preservation services are:
(1) crisis family-based services;
(2) counseling family-based services; and
(3) mental health family-based services.
Intensive family preservation services also include family-based life management skills when it is provided in conjunction with any of the three family-based services or five emergency assistance placement services in this subdivision. The intensive family preservation services in clauses (1), (2), and (3) and life management skills have the meanings given in section 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e).
(c) For purposes of this section, emergency assistance placement services include:
(1) emergency shelter services;
(2) foster care services;
(3) group home services;
(4) child residential treatment services; and
(5) correctional facility services.
Subd. 2. [DEFINITION OF EMERGENCY.] For the purposes of this
section, an emergency is a situation in which the dependent
children are at risk for out-of-home placement due to abuse,
neglect, or delinquency; or when the children are
returning home from placements but need services to prevent
another placement; or when the parents are unable to
provide care; or when the dependent children have been removed
from the home by a peace officer, by order of the juvenile court,
or pursuant to a voluntary placement agreement, to a publicly
funded out-of-home placement.
Subd. 3. [COUNTY AUTHORIZATION.] The county agency shall
assess current and prospective client families with a dependent
under 21 years of age to determine if there is an emergency, as
defined in subdivision 2, and to determine if there is a need for
intensive family preservation services. Upon such
determinations, during the period October 1, 1993 to September
30, 1995, counties shall authorize intensive family
preservation services for up to 90 days 12
months for eligible families under this section and under
section 256.871, subdivisions 1 and 3. Effective October 1,
1995, Once authorized, intensive family services shall be
used singly or in any combination or duration up to 12 months
appropriate to the needs of the child, as determined by the
county agency.
Subd. 3a. [LIMITATIONS ON FEDERAL FUNDING.] County
agencies shall determine eligibility under Title IV-E of the
Social Security Act for every child being considered for
emergency assistance placement services. The commissioner and
county agencies shall make every effort to use federal funding
under Title IV-E of the Social Security Act instead of federal
funding under this section, whenever possible. The counties'
obligations to continue the base level of expenditures and to
expand family preservation services as defined in section
256F.03, subdivision 5, are eliminated, with the termination
of if the federal revenue earned under this section
is terminated. If the federal revenue earned under this
section is terminated or inadequate, the state has no obligation
to pay for these services. In the event that federal limitations
or ceilings are imposed on federal emergency assistance funding,
the commissioner shall use the funds according to these
priorities:
(1) emergency assistance benefits under section 256.871;
(2) emergency assistance benefits under the reserve established in subdivision 5;
(3) intensive family preservation services under this section; and
(4) emergency assistance placement services under this section.
Subd. 4. [COST TO FAMILIES.] Family preservation services provided under this section or sections 256F.01 to 256F.07 shall be provided at no cost to the client and without regard to the client's available income or assets. Emergency assistance placement services provided under this section shall not be dependent on the client's available income or assets. However, county agencies shall seek costs of care as required under section 260.251 for emergency assistance placement services.
Subd. 5. [EMERGENCY ASSISTANCE RESERVE.] The commissioner
shall establish an emergency assistance reserve for families who
receive intensive family preservation services under this
section. A family is eligible to receive assistance once from
the emergency assistance reserve if it received intensive family
preservation services under this section within the past
12 months, but has not received emergency assistance under
section 256.871 during that period. The emergency assistance
reserve shall cover the cost of the federal share of the
assistance that would have been available under section 256.871,
except for the provision of intensive family preservation
services provided under this section. The emergency assistance
reserve shall be authorized and paid in the same manner as
emergency assistance is provided under section 256.871. Funds
set aside for the emergency assistance reserve that are not
needed as determined by the commissioner shall be distributed by
the terms of subdivision 6, paragraph (a); or 6b, paragraph
(a), depending on how the funds were earned.
Subd. 6. [DISTRIBUTION OF NEW FEDERAL REVENUE EARNED FOR
INTENSIVE FAMILY PRESERVATION SERVICES.] (a) All federal
funds not set aside under paragraph (b), and at least 50 percent
of all federal funds earned for intensive family preservation
services under this section and earned through assessment
activity under subdivision 3, shall be paid to each county based
on its earnings and assessment activity, respectively, and shall
be used by each county to expand family preservation core
services as defined in section 256F.03, subdivision 5
10, and may be used to expand crisis nursery services. If
a county joins a local children's mental health collaborative as
authorized by the 1993 legislature, then the federal
reimbursement received under this paragraph by the county for
providing intensive family preservation services to children
served by the local collaborative shall be transferred by the
county to the integrated fund. The federal reimbursement
transferred to the integrated fund by the county must be used for
intensive family preservation services as defined in section
256F.03, subdivision 5, to the target population.
(b) The commissioner shall set aside a portion, not to exceed 50 percent, of the federal funds earned for intensive family preservation services under this section and earned through assessment activity described under subdivision 3. The set aside funds shall be used to develop and expand intensive family preservation services statewide as provided in subdivisions 6a and 7 and establish an emergency assistance reserve as provided in subdivision 5.
Subd. 6a. [DEVELOPMENT GRANTS.] Except for the portion
needed for the emergency assistance reserve provided in
subdivision 5, the commissioner may shall
distribute the funds set aside under subdivision 6, paragraph
(b), through development grants to a county or
counties to establish and maintain approved intensive
family preservation core services as defined in section
256F.03, subdivision 10, statewide. Funds available for
crisis family-based services through section 256F.05, subdivision
8, shall be considered in establishing intensive family
preservation services statewide. The commissioner may phase in
intensive family preservation services in a county or group of
counties as new federal funds become available. The
commissioner's priority is to establish a minimum level of
intensive family preservation core services
statewide. Each county's development grant shall be paid and
used as provided in sections 256F.01 to 256F.06.
Subd. 6b. [DISTRIBUTION OF NEW FEDERAL REVENUE EARNED FOR EMERGENCY ASSISTANCE PLACEMENT SERVICES.] (a) All federal funds earned for emergency assistance placement services not set aside under paragraph (b), shall be paid to each county based on its earnings. These payments shall constitute the placement earnings grant of the family preservation fund under sections 256F.01 to 256F.06.
(b) The commissioner may set aside a portion, not to exceed 15 percent, of the federal funds earned for emergency assistance placement services under this section. The set aside funds shall be used for the emergency assistance reserve as provided in subdivision 5.
Subd. 7. [EXPANSION OF SERVICES AND BASE LEVEL OF
EXPENDITURES.] (a) Counties must continue the base level of
expenditures for family preservation core services as
defined in section 256F.03, subdivision 5 10, from
any state, county, or federal funding source, which, in the
absence of federal funds earned for intensive family
preservation services under this section and earned through
assessment activity described under subdivision 3, would have
been available for these services. The commissioner shall review
the county expenditures annually, using reports required under
sections 245.482, 256.01, subdivision 2, paragraph (17), and
256E.08, subdivision 8, to ensure that the base level of
expenditures for family preservation core services as
defined in section 256F.03, subdivision 5 10, is
continued from sources other than the federal funds earned under
this section and earned through assessment activity described
under subdivision 3.
(b) The commissioner may shall, at the request of a
county, reduce, suspend, or eliminate either or both of a
county's obligations to continue the base level of expenditures
and to expand family preservation core services as defined
in section 256F.03, subdivision 5 10, if the
commissioner determines that one or more of the following
conditions apply to that county:
(1) imposition of levy limits or other levy restrictions that significantly reduce available social service funds;
(2) reduction in the net tax capacity of the taxable property within a county that significantly reduces available social service funds;
(3) reduction in the number of children under age 19 in the
county by 25 percent when compared with the number in the base
year using the most recent data provided by the state
demographer's office; or
(4) termination or reduction of the federal revenue earned under this section; or
(5) other changes in state law that significantly impact the receipt or distribution of state and federal funding.
(c) The commissioner may suspend for one year either or both of
a county's obligations to continue the base level of expenditures
and to expand family preservation core services as defined
in section 256F.03, subdivision 5 10, if the
commissioner determines that in the previous year one or more of
the following conditions applied to that county:
(1) the unduplicated number of families who received family preservation services under section 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e), equals or exceeds the unduplicated number of children who entered placement under sections 257.071 and 393.07, subdivisions 1 and 2, during the year;
(2) the total number of children in placement under sections 257.071 and 393.07, subdivisions 1 and 2, has been reduced by 50 percent from the total number in the base year; or
(3) the average number of children in placement under sections 257.071 and 393.07, subdivisions 1 and 2, on the last day of each month is equal to or less than one child per 1,000 children in the county.
(d) For the purposes of this section, the base year is calendar year 1992. For the purposes of this section, the base level of expenditures is the level of county expenditures in the base year for eligible family preservation services under section 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e).
Subd. 8. [COUNTY RESPONSIBILITIES.] (a) Notwithstanding
section 256.871, subdivision 6, for intensive family
preservation services provided under this section, the
county agency shall submit quarterly fiscal reports as required
under section 256.01, subdivision 2, clause (17), and provide the
nonfederal share.
(b) County expenditures eligible for federal reimbursement under this section must not be made from federal funds or funds used to match other federal funds.
(c) The commissioner may suspend, reduce, or terminate the federal reimbursement to a county that does not meet the reporting or other requirements of this section.
Subd. 9. [PAYMENTS.] Notwithstanding section 256.025,
subdivision 2, payments to counties for social service
expenditures for intensive family preservation services
under this section shall be made only from the federal earnings
under this section and earned through assessment activity
described under subdivision 3. Counties may use up to ten
percent of federal earnings received under subdivision 6,
paragraph (a), to cover costs of income maintenance activities
related to the operation of this section and sections 256B.094
and 256F.10.
Subd. 10. [COMMISSIONER RESPONSIBILITIES.] The commissioner in consultation with counties shall analyze state funding options to cover costs of counties' base level expenditures and any expansion of the nonfederal share of intensive family preservation services resulting from implementation of this section. The commissioner shall also study problems of implementation, barriers to maximizing federal revenue, and the impact on out-of-home placements of implementation of this section. The commissioner shall report to the legislature on the results of this analysis and study, together with recommendations, by February 15, 1995.
Sec. 3. Minnesota Statutes 1994, section 256D.02, subdivision 5, is amended to read:
Subd. 5. "Family" means the applicant or recipient and the following persons who reside with the applicant or recipient:
(1) the applicant's spouse;
(2) any minor child of whom the applicant is a parent, stepparent, or legal custodian, and that child's minor siblings, including half-siblings and stepsiblings;
(3) the other parent of the applicant's minor child or children together with that parent's minor children, and, if that parent is a minor, his or her parents, stepparents, legal guardians, and minor siblings; and
(4) if the applicant or recipient is a minor, the minor's parents, stepparents, or legal guardians, and any other minor children for whom those parents, stepparents, or legal guardians are financially responsible.
For the period July 1, 1993 to June 30, 1995, A minor
child who is temporarily absent from the applicant's or
recipient's home due to placement in foster care paid for from
state or local funds, but who is expected to return within six
months of the month of departure, is considered to be residing
with the applicant or recipient.
A "family" must contain at least one minor child and at least one of that child's natural or adoptive parents, stepparents, or legal custodians.
Sec. 4. Minnesota Statutes 1994, section 256E.115, is amended to read:
256E.115 [SAFE HOUSES AND TRANSITIONAL HOUSING FOR HOMELESS YOUTH.]
Subdivision 1. [COMMISSIONER DUTIES.] The commissioner
shall have authority to make grants for pilot programs when
the legislature authorizes money to encourage innovation in the
development of safe house programs to respond to the needs of
homeless youth issue a request for proposals from
organizations that are knowledgeable about the needs of homeless
youth for the purpose of providing safe houses and transitional
housing for homeless youth. The commissioner shall also assist
in coordinating funding from federal and state grant programs and
funding available from a variety of sources for efforts to
promote a continuum of services for youth through a consolidated
grant application. The commissioner shall analyze the needs of
homeless youth and gaps in services throughout the state and
determine how to best serve those needs within the available
funding.
Subd. 2. [SAFE HOUSES AND TRANSITIONAL HOUSING.] A safe house provides emergency housing for homeless youth ages 13 to 21. Transitional housing provides housing for homeless youth ages 16 to 21 who are transitioning into independent living.
In developing both types of housing, the commissioner shall try to create a family atmosphere in a neighborhood or community and, if possible, provide separate but cooperative homes for males and females. The following services, or adequate access to referrals for the following services, must be made available to the homeless youth:
(1) counseling services for the youth and their families, on site, to help with problems that resulted in the homelessness;
(2) job services to help youth find employment in addition to creating jobs on site, including food service, maintenance, child care, and tutoring;
(3) health services that are confidential and provide preventive care services, crisis referrals, and other necessary health care services;
(4) living skills training to help youth learn how to care for themselves; and
(5) education services that help youth enroll in academic programs, if they are currently not in a program. Enrollment in an academic program is required for residency in transitional housing.
Sec. 5. Minnesota Statutes 1994, section 256F.01, is amended to read:
256F.01 [PUBLIC POLICY.]
The public policy of this state is to assure that all
children, regardless of minority racial or ethnic
heritage, live in families that offer a safe, permanent
relationship with nurturing parents or caretakers. To help
assure children the opportunity to establish lifetime
relationships, public social services must strive to provide
culturally competent services and be directed toward:
(1) preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family if it is desirable and possible;
(2) restoring to their families children who have been removed, by continuing to provide services to the reunited child and the families;
(3) placing children in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and
(4) assuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
Sec. 6. Minnesota Statutes 1994, section 256F.02, is amended to read:
256F.02 [CITATION.]
Sections 256F.01 to 256F.07 and 256F.10 may be cited as the "Minnesota family preservation act."
Sec. 7. Minnesota Statutes 1994, section 256F.03, subdivision 5, is amended to read:
Subd. 5. [FAMILY-BASED SERVICES.] "Family-based services"
means one or more of the services described in paragraphs (a) to
(f) provided to families primarily in their own home for a
limited time. Family-based services eligible for funding
under the family preservation act are the services described in
paragraphs (a) to (f).
(a) [CRISIS SERVICES.] "Crisis services" means professional services provided within 24 hours of referral to alleviate a family crisis and to offer an alternative to placing a child outside the family home. The services are intensive and time limited. The service may offer transition to other appropriate community-based services.
(b) [COUNSELING SERVICES.] "Counseling services" means professional family counseling provided to alleviate individual and family dysfunction; provide an alternative to placing a child outside the family home; or permit a child to return home. The duration, frequency, and intensity of the service is determined in the individual or family service plan.
(c) [LIFE MANAGEMENT SKILLS SERVICES.] "Life management skills services" means paraprofessional services that teach family members skills in such areas as parenting, budgeting, home management, and communication. The goal is to strengthen family skills as an alternative to placing a child outside the family home or to permit a child to return home. A social worker shall coordinate these services within the family case plan.
(d) [CASE COORDINATION SERVICES.] "Case coordination services" means professional services provided to an individual, family, or caretaker as an alternative to placing a child outside the family home, to permit a child to return home, or to stabilize the long-term or permanent placement of a child. Coordinated services are provided directly, are arranged, or are monitored to meet the needs of a child and family. The duration, frequency, and intensity of services is determined in the individual or family service plan.
(e) [MENTAL HEALTH SERVICES.] "Mental health services" means the professional services defined in section 245.4871, subdivision 31.
(f) [EARLY INTERVENTION SERVICES.] "Early intervention services" means family-based intervention services designed to help at-risk families avoid crisis situations.
Sec. 8. Minnesota Statutes 1994, section 256F.03, is amended by adding a subdivision to read:
Subd. 10. [FAMILY PRESERVATION CORE SERVICES.] "Family preservation core services" means adequate capacity of crisis services as defined in subdivision 5, paragraph (a), plus either or both counseling services as defined in subdivision 5, paragraph (b), and mental health services as defined in subdivision 5, paragraph (e), plus life management skills services as defined in subdivision 5, paragraph (c).
Sec. 9. Minnesota Statutes 1994, section 256F.04, subdivision 1, is amended to read:
Subdivision 1. [GRANT PROGRAM FAMILY PRESERVATION
FUND.] The commissioner shall establish a statewide
family preservation grant program fund to assist
counties in providing placement prevention and family
reunification services. This fund shall include a basic grant
for family preservation services, a placement earnings grant
under section 256.8711, subdivision 6b, paragraph (a), and a
development grant under section 256.8711, subdivision 6a, to
assist counties in developing and expanding their family
preservation core services as defined in section 256F.03,
subdivision 10. Beginning with calendar year 1998, after each
annual or quarterly calculation, these three component grants
shall be added together and treated as a single-family
preservation grant.
Sec. 10. Minnesota Statutes 1994, section 256F.04, subdivision 2, is amended to read:
Subd. 2. [FORMS AND INSTRUCTIONS.] The commissioner shall
provide necessary forms and instructions to the counties for
their community social services plan, as required in section
256E.09, that incorporate the permanency plan format and
information necessary to apply for a family preservation
fund grant, and to exercise county options under
section 256F.05, subdivision 7, paragraph (a), or subdivision 8,
paragraph (c).
Sec. 11. Minnesota Statutes 1994, section 256F.05, is amended by adding a subdivision to read:
Subd. 1a. [DEVELOPMENT OF FAMILY PRESERVATION CORE SERVICES.] The commissioner shall annually determine whether a county's family preservation core services, as defined in section 256F.03, subdivision 10, are developed for that calendar year. In making this determination for any given calendar year, the commissioner shall consider factors for each county such as which family preservation core services are included in its community services plan under section 256E.09, the ratio of expenditures on family preservation core services to expenditures on out-of-home placements, the availability of crisis services as defined in section 256F.03, subdivision 5, paragraph (a), and recent trends in out-of-home placements both within that county and statewide.
Sec. 12. Minnesota Statutes 1994, section 256F.05, subdivision 2, is amended to read:
Subd. 2. [MONEY AVAILABLE FOR THE BASIC GRANT.] Money
appropriated for family preservation grants to counties
under sections 256F.04 to 256F.07, together with an amount
as determined by the commissioner of title IV-B funds distributed
to Minnesota according to the Social Security Act, United States
Code, title 42, section 621, must be distributed to counties on a
calendar year basis according to the formula in subdivision 3.
Sec. 13. Minnesota Statutes 1994, section 256F.05, subdivision 3, is amended to read:
Subd. 3. [BASIC GRANT FORMULA.] (a) The amount
of money allocated to counties under subdivision 2 must be
based on the following two factors shall first be
allocated in amounts equal to each county's guaranteed floor
according to paragraph (b), and second, any remaining available
funds allocated as follows:
(1) 90 percent of the funds shall be allocated based on the population of the county under age 19 years as compared to the state as a whole as determined by the most recent data from the state demographer's office; and
(2) ten percent of the funds shall be allocated based on
the county's percentage share of the number of minority children
in substitute care receiving children's case management
services as defined by the commissioner based on the most recent
data as determined by the most recent department of human
services annual report on children in foster care
commissioner.
The amount of money allocated according to formula factor
(1) must not be less than 90 percent of the total allocated under
subdivision 2.
(b) Each county's basic grant guaranteed floor shall be calculated as follows:
(1) 90 percent of the county's allocation received in the preceding calendar year. For calendar year 1996 only, the allocation received in the preceding calendar year shall be determined by the commissioner based on the funding previously distributed as separate grants under sections 256F.04 to 256F.07; and
(2) when the amounts of funds available for allocation is less than the amount available in the previous year, each county's previous year allocation shall be reduced in proportion to the reduction in the statewide funding, for the purpose of establishing the guaranteed floor.
(c) The commissioner shall regularly review the use of family preservation fund allocations by county. The commissioner may reallocate unexpended or unencumbered money at any time among those counties that have expended or are projected to expend their full allocation.
Sec. 14. Minnesota Statutes 1994, section 256F.05, subdivision 4, is amended to read:
Subd. 4. [PAYMENTS.] The commissioner shall make grant
payments to each county whose biennial community social services
plan includes a permanency plan has been approved
under section 256F.04, subdivision 2. The payment must be
made basic grant under subdivisions 2 and 3 and the
development grant under section 256.8711, subdivision 6a, shall
be paid to counties in four installments per year. The
commissioner may certify the payments for the first three months
of a calendar year. Subsequent payments must be made on May
15, August 15, and November 15, of each calendar year. When an
amount of title IV-B funds as determined by the commissioner is
made available, it shall be reimbursed to counties on November
15. shall be based on reported expenditures and may be
adjusted for anticipated spending patterns. The placement
earnings grant under section 256.8711, subdivision 6b, paragraph
(a), shall be based on earnings and coordinated with the other
payments. In calendar years 1996 and 1997, the placement
earnings grant and the development grant shall be distributed
separately from the basic grant, except as provided in
subdivision 7, paragraph (a). Beginning with calendar year 1998,
after each annual or quarterly calculation, these three component
grants shall be added together into a single-family preservation
fund grant and treated as a single grant.
Sec. 15. Minnesota Statutes 1994, section 256F.05, subdivision 5, is amended to read:
Subd. 5. [INAPPROPRIATE EXPENDITURES.] Family preservation fund basic, placement earnings, and development grant money must not be used for:
(1) child day care necessary solely because of the employment or training to prepare for employment, of a parent or other relative with whom the child is living;
(2) residential facility payments;
(3) adoption assistance payments;
(4) public assistance payments for aid to families with dependent children, supplemental aid, medical assistance, general assistance, general assistance medical care, or community health services authorized by sections 145A.09 to 145A.13; or
(5) administrative costs for local social services agency public assistance staff.
Sec. 16. Minnesota Statutes 1994, section 256F.05, subdivision 7, is amended to read:
Subd. 7. [TRANSFER OF FUNDS USES OF PLACEMENT
EARNINGS AND DEVELOPMENT GRANTS.] Notwithstanding
subdivision 1, the commissioner may transfer money from the
appropriation for family preservation grants to counties into the
subsidized adoption account when a deficit in the subsidized
adoption program occurs. The amount of the transfer must not
exceed five percent of the appropriation for family preservation
grants to counties. (a) For calendar years 1996 and 1997,
each county must use its placement earnings and development
grants to develop and expand its family preservation core
services as defined in section 256F.03, subdivision 10. If a
county demonstrates that its family preservation core services
are developed as provided in subdivision 1a, then at the county's
written request, the commissioner shall add its placement
earnings and development grant to its basic grant, to be used as
a single-family preservation fund grant.
(b) Beginning with calendar year 1998, each county which has demonstrated that year that its family preservation core services are developed as provided in subdivision 1a, shall have its placement earnings and development grant added to its basic grant, to be used as a single-family preservation fund grant. The development grant for any county which has not so demonstrated shall be redistributed to all counties which have, in proportion to their calculated development grants.
Sec. 17. Minnesota Statutes 1994, section 256F.05, subdivision 8, is amended to read:
Subd. 8. [USES OF FAMILY PRESERVATION FUND GRANTS
FOR FAMILY-BASED CRISIS SERVICES.] Within the limits of
appropriations made for this purpose, the commissioner may award
grants for the families first program, including section 256F.08,
to be distributed on a calendar year basis to counties to provide
programs for family-based crisis services defined in section
256F.03, subdivision 5. The commissioner shall ask counties to
present proposals for the funding and shall award grants for the
funding on a competitive basis. Beginning January 1, 1993, the
state share of the costs of the programs shall be 75 percent and
the county share, 25 percent. For both basic grants and
single-family preservation fund grants:
(a) A county which has not demonstrated that year that its family preservation core services are developed as provided in subdivision 1a, must use its family preservation fund grant exclusively for family preservation services defined in section 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e).
(b) A county which has demonstrated that year that its family preservation core services are developed becomes eligible either to continue using its family preservation fund grant as provided in paragraph (a), or to exercise the expanded service option under paragraph (c).
(c) The expanded service option permits an eligible county to use its family preservation fund grant for child welfare preventative services as defined in section 256F.10, subdivision 7, paragraph (d). To exercise this option, an eligible county must notify the commissioner in writing of its intention to do so no later than 30 days into the quarter during which it intends to begin or in its county plan, as provided in section 256F.04, subdivision 2. Effective with the first day of that quarter, the county must maintain its base level of expenditures for child welfare preventative services and use the family preservation fund to expand them. The base level of expenditures for a county shall be that established under section 256F.10, subdivision 7. For counties which have no such base established, a comparable base shall be established with the base year being the calendar year ending at least two calendar quarters before the first calendar quarter in which the county exercises its expanded service option. The commissioner shall, at the request of the counties, reduce, suspend, or eliminate either or both of a county's obligations to continue the base level of expenditures and to expand child welfare preventative services based on conditions described in section 256F.10, subdivision 7, paragraph (b) or (c).
(d) Each county's placement earnings and development grant shall be determined under section 256.8711, but after each annual or quarterly calculation, if added to that county's basic grant, the three component grants shall be treated as a single-family preservation fund grant.
Sec. 18. Minnesota Statutes 1994, section 256F.06, subdivision 1, is amended to read:
Subdivision 1. [RESPONSIBILITIES.] A county board may, alone
or in combination with other county boards, apply for a family
preservation fund grant as provided in section 256F.04,
subdivision 2. Upon approval of the family preservation
grant, the county board may contract for or directly provide
family-based and other eligible services.
Sec. 19. Minnesota Statutes 1994, section 256F.06, subdivision 2, is amended to read:
Subd. 2. [USES OF GRANTS DEVELOPING FAMILY
PRESERVATION CORE SERVICES.] The grant must be used
exclusively for family-based services. A county board
shall endeavor to develop and expand its family preservation core
services. When a county can demonstrate that its family
preservation core services are developed as provided in section
256F.05, subdivision 1a, a county board becomes eligible to
exercise the expanded service option under section 256F.05,
subdivision 8, paragraph (c). For calendar years 1996 and 1997,
the county board also becomes eligible to request that its basic,
placement earnings, and development grants be added into a single
grant under section 256F.05, subdivision 7, paragraph (a).
Sec. 20. Minnesota Statutes 1994, section 256F.06, subdivision 4, is amended to read:
Subd. 4. [REPORTING.] The commissioner shall specify
requirements for reports, including quarterly fiscal reports,
according to section 256.01, subdivision 2, paragraph (17).
The reports must include:
(1) a detailed statement of expenses attributable to the
grant during the preceding quarter; and
(2) a statement of the expenditure of money for family-based
services by the county during the preceding quarter, including
the number of clients served and the expenditures, by client, for
each service provided.
Sec. 21. Minnesota Statutes 1994, section 256F.09, is amended to read:
256F.09 [GRANTS FOR CHILDREN'S SAFETY FAMILY
VISITATION CENTERS.]
Subdivision 1. [PURPOSE.] The commissioner shall issue a
request for proposals from existing local nonprofit,
nongovernmental organizations, to use existing local facilities
as pilot children's safety family visitation
centers. The commissioner shall award grants in amounts up to
$50,000 for the purpose of creating children's safety
or maintaining family visitation centers to reduce
children's vulnerability to violence and trauma related to family
visitation, where there has been a history of domestic violence
or abuse within the family. At least one of the pilot projects
shall be located in the seven-county metropolitan area and at
least one of the projects shall be located outside the
seven-county metropolitan area, and the commissioner shall award
the grants to provide the greatest possible number of
safety family visitation centers and to locate them
to provide for the broadest possible geographic distribution of
the centers throughout the state.
Each children's safety family visitation center
must use existing local facilities to provide a healthy
interactive environment for parents who are separated or divorced
and for parents with children in foster homes to visit with their
children. The centers must be available for use by district
courts who may order visitation to occur at a safety
family visitation center. The centers may also be used as
drop-off sites, so that parents who are under court order to have
no contact with each other can exchange children for visitation
at a neutral site. Each center must provide sufficient security
to ensure a safe visitation environment for children and their
parents. A grantee must demonstrate the ability to provide a
local match, which may include in-kind contributions.
Subd. 2. [PRIORITIES.] In awarding grants under the program, the commissioner shall give priority to:
(1) areas of the state where no children's safety
other family visitation center or similar facility
exists;
(2) applicants who demonstrate that private funding for the center is available and will continue; and
(3) facilities that are adapted for use to care for children, such as day care centers, religious institutions, community centers, schools, technical colleges, parenting resource centers, and child care referral services.
Subd. 3. [ADDITIONAL SERVICES.] Each center may provide parenting and child development classes, and offer support groups to participating custodial parents and hold regular classes designed to assist children who have experienced domestic violence and abuse.
Subd. 4. [REPORT.] The commissioner shall evaluate the
operation of the pilot children's safety family
visitation centers and report to the legislature by February
1, 1994, with recommendations.
Sec. 22. Minnesota Statutes 1994, section 256H.01, subdivision 9, is amended to read:
Subd. 9. [FAMILY.] "Family" means parents, stepparents, guardians and their spouses, or other eligible relative caretakers and their spouses, and their blood related dependent children and adoptive siblings under the age of 18 years living in the same home including children temporarily absent from the household in settings such as schools, foster care, and residential treatment facilities. When a minor parent or parents and his, her, or their child or children are living with other relatives, and the minor parent or parents apply for a child care subsidy, "family" means only the minor parent or parents and the child or children. An adult may be considered a dependent member of the family unit if 50 percent of the adult's support is being provided by the parents, stepparents, guardians and their spouses, or eligible relative caretakers and their spouses, residing in the same household. An adult age 18 who is a full-time high school student and can reasonably be expected to graduate before age 19 may be considered a dependent member of the family unit.
Sec. 23. Minnesota Statutes 1994, section 256H.01, subdivision 12, is amended to read:
Subd. 12. [PROVIDER.] "Provider" means a child care license
holder who operates a family day care home, a group family day
care home, a day care center, a nursery school, a day nursery, an
extended day school age child care program; a person exempt
from licensure who meets child care standards established
legal nonlicensed extended day school age child care program
which operates under the auspices of a local school board that
has adopted school age child care standards which meet or exceed
standards recommended by the state board
department of education; or a legal nonlicensed caregiver
who is at least 18 years of age, and who is not a member of the
AFDC assistance unit.
Sec. 24. Minnesota Statutes 1994, section 256H.02, is amended to read:
256H.02 [DUTIES OF COMMISSIONER.]
The commissioner shall develop standards for county and human
services boards to provide child care services to enable eligible
families to participate in employment, training, or education
programs. Within the limits of available appropriations, the
commissioner shall distribute money to counties to reduce the
costs of child care for eligible families. The commissioner
shall adopt rules to govern the program in accordance with this
section. The rules must establish a sliding schedule of fees for
parents receiving child care services. In the rules adopted
under this section, county and human services boards shall be
authorized to establish policies for payment of child care spaces
for absent children, when the payment is required by the child's
regular provider. The rules shall not set a maximum number of
days for which absence payments can be made, but instead shall
direct the county agency to set limits and pay for absences
according to the prevailing market practice in the county.
County policies for payment of absences shall be subject to the
approval of the commissioner. The commissioner shall maximize
the use of federal money under the AFDC employment special
needs program in section 256.736, subdivision 8, and
other programs that provide federal reimbursement for child care
services for recipients of aid to families with dependent
children who are in education, training, job search, or other
activities allowed under those programs. Money appropriated
under this section must be coordinated with the AFDC
employment special needs program and other programs that
provide federal reimbursement for child care services to
accomplish this purpose. Federal reimbursement obtained must be
allocated to the county that spent money for child care that is
federally reimbursable under programs that provide federal
reimbursement for child care services. The counties shall use
the federal money to expand child care services. The
commissioner may adopt rules under chapter 14 to implement and
coordinate federal program requirements.
Sec. 25. Minnesota Statutes 1994, section 256H.03, subdivision 1, is amended to read:
Subdivision 1. [ALLOCATION PERIOD; NOTICE OF ALLOCATION.] When
the commissioner notifies county and human service boards of the
forms and instructions they are to follow in the development of
their biennial community social services plans required under
section 256E.08, the commissioner shall also notify county and
human services boards of their estimated child care fund program
allocation for the two years covered by the plan. By June
October 1 of each year, the commissioner shall notify all
counties of their final child care fund program allocation.
Sec. 26. Minnesota Statutes 1994, section 256H.03, subdivision 2a, is amended to read:
Subd. 2a. [ELIGIBLE RECIPIENTS.] Families that meet the
eligibility requirements under sections 256H.10, except AFDC
recipients, MFIP recipients, and transition year families,
and 256H.11 are eligible for child care assistance under the
basic sliding fee program. From July 1, 1990, to June 30,
1991, a county may not accept new applications for the basic
sliding fee program unless the county can demonstrate that its
state money expenditures for the basic sliding fee program for
this period will not exceed 95 percent of the county's allocation
of state money for the fiscal year ending June 30, 1990. As
basic sliding fee program money becomes available to serve new
families, eligible families whose benefits were terminated during
the fiscal year ending June 30, 1990, for reasons other than loss
of eligibility shall be reinstated. Families enrolled in the
basic sliding fee program as of July 1, 1990, shall be continued
until they are no longer eligible. Counties shall make vendor
payments to the child care provider or pay the parent directly
for eligible child care expenses on a reimbursement basis.
Child care assistance provided through the child care fund is
considered assistance to the parent.
Sec. 27. Minnesota Statutes 1994, section 256H.03, subdivision 4, is amended to read:
Subd. 4. [ALLOCATION FORMULA.] Beginning July 1, 1992
January 1, 1996, the basic sliding fee state and federal
funds shall be allocated on a calendar year basis. Funds
shall be allocated first in amounts equal to each county's
guaranteed floor according to subdivision 6, with any remaining
available funds allocated according to the following
formula:
(a) One-half One-third of the funds shall be
allocated in proportion to each county's total expenditures for
the basic sliding fee child care program reported during the
12-month period ending on December 31 of the preceding state
fiscal year most recent calendar year completed at the
time of the notice of allocation.
(b) One-fourth One-third of the funds shall be
allocated based on the number of children under age 13 in each
county who are enrolled in general assistance medical care,
medical assistance, and the children's health plan on July 1,
of each year MinnesotaCare on December 31 of the most
recent calendar year completed at the time of the notice of
allocation.
(c) One-fourth One-third of the funds shall be
allocated based on the number of children under age 13 who reside
in each county, from the most recent estimates of the state
demographer.
Sec. 28. Minnesota Statutes 1994, section 256H.03, is amended by adding a subdivision to read:
Subd. 4a. [SIX-MONTH ALLOCATION.] For the period from July 1, 1995, to December 31, 1995, every county shall receive an allocation at least equal and proportionate to one-half of its original allocation in state fiscal year 1995. This six-month allocation shall be combined with the calendar year 1996 allocation and be administered as one 18-month allocation.
Sec. 29. Minnesota Statutes 1994, section 256H.03, subdivision 6, is amended to read:
Subd. 6. [GUARANTEED FLOOR.] (a) Each county's guaranteed
floor shall equal the lesser of:
(1) the county's original allocation in the preceding state
fiscal year; or
(2) 110 percent of the county's basic sliding fee child care
program state and federal earnings for the 12-month period ending
on December 31 of the preceding state fiscal year. For purposes
of this clause, "state and federal earnings" means the reported
direct child care expenditures adjusted for the administrative
allowance and 15 percent required county match. Beginning
January 1, 1996, each county's guaranteed floor shall equal 90
percent of the allocation received in the preceding calendar
year. For the calendar year 1996 allocation, the preceding
calendar year shall be considered to be double the six-month
allocation as provided for in subdivision 4a.
(b) When the amount of funds available for allocation is less than the amount available in the previous year, each county's previous year allocation shall be reduced in proportion to the reduction in the statewide funding, for the purpose of establishing the guaranteed floor.
Sec. 30. Minnesota Statutes 1994, section 256H.05, subdivision 6, is amended to read:
Subd. 6. [NON-STRIDE AFDC CHILD CARE PROGRAM ACCESS
CHILD CARE PROGRAM.] (a) Starting one month after
April 30, 1992, the department of human services
commissioner shall reimburse eligible expenditures for
2,000 family slots for AFDC caretakers not eligible for services
under section 256.736, who are engaged in an authorized
educational or job search program. Each county will receive a
number of family slots based on the county's proportion of the
AFDC caseload. A county must receive at least two family slots.
Eligibility and reimbursement are limited to the number of family
slots allocated to each county. County agencies shall authorize
an educational plan for each student and may prioritize families
eligible for this program in their child care fund plan upon
approval of the commissioner of human services. (b)
Persons eligible for but unable to participate in the JOBS
(STRIDE) program because of a waiting list may be accepted as a
new participant, or continue to participate in the ACCESS child
care program if a slot is available as long as all other
eligibility factors are met. Child care assistance must continue
under the ACCESS child care program until the participant loses
eligibility or is enrolled in project STRIDE.
(c)(1) Effective July 1, 1995, the commissioner shall reclaim 90 percent of the vacant slots in each county and distribute those slots to counties with waiting lists of persons eligible for the ACCESS child care program. The slots must be distributed to eligible families based on the July 1, 1995, waiting list placement date, first come, first served basis.
(2) ACCESS child care slots remaining after the waiting list under clause (1) has been eliminated must be distributed to eligible families on a first come, first served basis, based on the client's date of request.
(3) The county must notify the commissioner when an ACCESS slot in the county becomes available. Notification by the county must be within five calendar days of the effective date of the termination of the ACCESS child care services. The resulting vacant slot must be returned to the department of human services. The slot must then be redistributed under clause (2).
(4) The commissioner shall consult with the task force on child care and make recommendations to the 1996 legislature for future distribution of the ACCESS slots under this paragraph.
Sec. 31. Minnesota Statutes 1994, section 256H.08, is amended to read:
256H.08 [USE OF MONEY.]
Money for persons listed in sections 256H.03, subdivision 2a, and 256H.05, subdivision 1b, shall be used to reduce the costs of child care for students, including the costs of child care for students while employed if enrolled in an eligible education program at the same time and making satisfactory progress towards completion of the program. Counties may not limit the duration of child care subsidies for a person in an employment or educational program, except when the person is found to be ineligible under the child care fund eligibility standards. Any limitation must be based on a person's employability plan in the case of an AFDC recipient, and county policies included in the child care allocation plan. Time limitations for child care assistance, as specified in Minnesota Rules, parts 9565.5000 to 9565.5200, do not apply to basic or remedial educational programs needed to prepare for post-secondary education or employment. These programs include: high school, general equivalency diploma, and English as a second language. Programs exempt from this time limit must not run concurrently with a post-secondary program. High school students who are participating in a post-secondary options program and who receive a high school diploma issued by the school district are exempt from the time limitations while pursuing a high school diploma. Financially eligible students who have received child care assistance for one academic year shall be provided child care assistance in the following academic year if funds allocated under sections 256H.03 and 256H.05 are available. If an AFDC recipient who is receiving AFDC child care assistance under this chapter moves to another county, continues to participate in educational or training programs authorized in their employability development plans, and continues to be eligible for AFDC child care assistance under this chapter, the AFDC caretaker must receive continued child care assistance from the county responsible for their current employability development plan, without interruption.
Sec. 32. Minnesota Statutes 1994, section 256H.11, subdivision 1, is amended to read:
Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND RETAINING
EMPLOYMENT.] Persons who are seeking employment and who are
eligible for assistance under this section are eligible to
receive the equivalent of up to one month of child care
up to 240 hours of child care assistance per calendar
year. Employed persons who work at least an average
of ten hours a week and receive at least a minimum wage for
all hours worked are eligible for continued child care
assistance.
Sec. 33. Minnesota Statutes 1994, section 256H.12, subdivision 1, is amended to read:
Subdivision 1. [COUNTY CONTRIBUTIONS REQUIRED.] Beginning
July 1, 1995, in addition to payments from parents
basic sliding fee child care program participants,
counties shall contribute from county tax or other sources a
minimum of 15 percent of the cost of the basic sliding fee
program at the local match percentage calculated according
to subdivision 1a. The commissioner shall recover funds from
the county as necessary to bring county expenditures into
compliance with this subdivision.
Sec. 34. Minnesota Statutes 1994, section 256H.12, is amended by adding a subdivision to read:
Subd. 1a. [LOCAL MATCH PERCENTAGE.] The local match percentage shall equal (i) the lesser of either 15 percent of the cost of the basic sliding fee program or the statewide required local match in state fiscal year 1995, divided by (ii) the sum of the current year's basic sliding fee allocation plus the statewide required local match in state fiscal year 1995. For purposes of this computation, the statewide required local match in state fiscal year 1995 shall be equal to the initial state fiscal year 1995 basic sliding fee allocation, divided by 85 percent, and then multiplied by 15 percent. The calendar year 1996 local match percentage shall be in effect for the six-month allocation period defined in section 256H.03.
Sec. 35. Minnesota Statutes 1994, section 256H.15, subdivision 1, is amended to read:
Subdivision 1. [SUBSIDY RESTRICTIONS.] (a) Until June 30,
1991, the maximum child care rate is determined under this
paragraph. The county board may limit the subsidy allowed by
setting a maximum on the provider child care rate that the county
shall subsidize. The maximum rate set by any county shall not be
lower than 110 percent or higher than 125 percent of the median
rate in that county for like care arrangements for all types of
care, including special needs and handicapped care, as determined
by the commissioner. If the county sets a maximum rate, it must
pay the provider's rate for each child receiving a subsidy, up to
the maximum rate set by the county. If a county does not set a
maximum provider rate, it shall pay the provider's rate for every
child in care. The maximum state payment is 125 percent of the
median provider rate. If the county has not set a maximum
provider rate and the provider rate is greater than 125 percent
of the median provider rate in the county, the county shall pay
the amount in excess of
125 percent of the median provider rate from county funding sources. 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, including special needs and handicapped care.
(b) Effective July 1, 1991, the maximum rate paid for
child care assistance under the child care fund is the maximum
rate eligible for federal reimbursement except that a provider
receiving reimbursement under paragraph (a) as of January 1,
1991, shall be paid at a rate no less than the rate of
reimbursement received under that paragraph. A rate which
includes a provider bonus paid under subdivision 2 or a special
needs rate paid under subdivision 3 may be in excess of the
maximum rate allowed under this subdivision. The department of
human services 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, including special needs and handicapped care.
(c) 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 copayment fee.
Sec. 36. Minnesota Statutes 1994, section 256H.18, is amended to read:
256H.18 [ADMINISTRATIVE EXPENSES.]
The commissioner shall use up to seven percent
one-eleventh of the state and federal funds
appropriated available for the basic sliding fee
program for payments to counties for administrative expenses.
The commissioner shall use up to ten percent of federal funds
for payments to counties for administrative expenses.
Sec. 37. Minnesota Statutes 1994, section 256H.20, subdivision 3a, is amended to read:
Subd. 3a. [GRANT REQUIREMENTS AND PRIORITY.] Priority for awarding resource and referral grants shall be given in the following order:
(1) start up resource and referral programs in areas of the state where they do not exist; and
(2) improve resource and referral programs.
Resource and referral programs shall meet the following requirements:
(a) Each program shall identify all existing child care services through information provided by all relevant public and private agencies in the areas of service, and shall develop a resource file of the services which shall be maintained and updated at least quarterly. These services must include family day care homes; public and private day care programs; full-time and part-time programs; infant, preschool, and extended care programs; and programs for school age children.
The resource file must include: the type of program, hours of program service, ages of children served, fees, location of the program, eligibility requirements for enrollment, special needs services, and transportation available to the program. The file may also include program information and special program features.
(b) Each resource and referral program shall establish a referral process which responds to parental need for information and which fully recognizes confidentiality rights of parents. The referral process must afford parents maximum access to all referral information. This access must include telephone referral available for no less than 20 hours per week.
Each child care resource and referral agency shall publicize its services through popular media sources, agencies, employers, and other appropriate methods.
(c) Each resource and referral program shall maintain ongoing documentation of requests for service. All child care resource and referral agencies must maintain documentation of the number of calls and contacts to the child care information and referral agency or component. A resource and referral program shall collect and maintain the following information:
(1) ages of children served;
(2) time category of child care request for each child;
(3) special time category, such as nights, weekends, and swing shift; and
(4) reason that the child care is needed.
(d) Each resource and referral program shall make available the following information as an educational aid to parents:
(1) information on aspects of evaluating the quality and suitability of child care services, including licensing regulation, financial assistance available, child abuse reporting procedures, appropriate child development information;
(2) information on available parent, early childhood, and family education programs in the community.
(e) On or after one year of operation a resource and referral program shall provide technical assistance to employers and existing and potential providers of all types of child care services. This assistance shall include:
(1) information on all aspects of initiating new child care services including licensing, zoning, program and budget development, and assistance in finding information from other sources;
(2) information and resources which help existing child care providers to maximize their ability to serve the children and parents of their community;
(3) dissemination of information on current public issues affecting the local and state delivery of child care services;
(4) facilitation of communication between existing child care providers and child-related services in the community served;
(5) recruitment of licensed providers; and
(6) options, and the benefits available to employers utilizing the various options, to expand child care services to employees.
Services prescribed by this section must be designed to maximize parental choice in the selection of child care and to facilitate the maintenance and development of child care services and resources.
(f) Child care resource and referral information must be provided to all persons requesting services and to all types of child care providers and employers.
(g) Each resource and referral program shall coordinate early childhood training for child care providers in that program's service delivery area. The resource and referral program shall convene an early childhood care and education training advisory committee to assist in the following activities:
(1) assess the early childhood care and education training needs of child care center staff and family and group family child care providers;
(2) coordinate existing early childhood care and education training;
(3) develop new early childhood care and education training opportunities; and
(4) publicize all early childhood training classes and workshops to child care center staff and family and group family child care providers in the service delivery area.
(h) Public or private entities may apply to the commissioner for funding. A local match of up to 25 percent is required.
Sec. 38. Minnesota Statutes 1994, section 257.3571, subdivision 1, is amended to read:
Subdivision 1. [PRIMARY SUPPORT GRANTS.] The commissioner
shall establish direct grants to Indian tribes and,
Indian organizations, and tribal social service agency
programs located off-reservation that serve Indian children and
their families to provide primary support for Indian child
welfare programs to implement the Indian family preservation
act.
Sec. 39. Minnesota Statutes 1994, section 257.3572, is amended to read:
257.3572 [GRANT APPLICATIONS.]
A tribe or, Indian organization, or tribal
social service agency program located off-reservation may
apply for primary support grants under section 257.3571,
subdivision 1. A local social service agency, tribe, Indian
organization, or other social service organization may apply for
special focus grants under section 257.3571, subdivision 2.
Civil legal service organizations eligible for grants under
section 257.3571, subdivision 2a, may apply for grants under that
section. Application may be made alone or in combination with
other tribes or Indian organizations.
Sec. 40. Minnesota Statutes 1994, section 257.3577, subdivision 1, is amended to read:
Subdivision 1. [PRIMARY SUPPORT GRANTS.] (a) The amount
available for grants established under section 257.3571,
subdivision 1, to tribes and, Indian
organization grants organizations, and tribal social
service agency programs located off-reservation is
four-fifths of the total annual appropriation for Indian child
welfare grants.
(b) The commissioner shall award tribes at least 70 percent of the amount set in paragraph (a) for primary support grants. Each tribe shall be awarded a base amount of five percent of the total amount set in this paragraph. In addition, each tribe shall be allocated a proportion of the balance of the amount set in this paragraph, less the total base amounts for all reservations. This proportion must equal the ratio of the tribe's on-reservation population to the state's total on-reservation population. Population data must be based on the most recent federal census data according to the state demographer's office.
(c) The commissioner shall award Indian organizations and tribal social service agency programs located off-reservation that serve Indian children and families up to 30 percent of the amount set in paragraph (a) for primary support grants. A maximum of four multiservice Indian organizations and tribal social service agency programs located off-reservation may be awarded grants under this paragraph. "Multiservice Indian organizations" means Indian organizations recognized by the Indian community as providing a broad continuum of social, educational, or cultural services, including Indian child welfare services designed to meet the unique needs of the Indian communities in Minneapolis, St. Paul, and Duluth. Grants may be awarded to programs that submit acceptable proposals, comply with the goals and the application process of the program, and have budgets that reflect appropriate and efficient use of funds. To maintain continuity of service in Indian communities, primary support grants awarded under this paragraph which meet the grant criteria and have demonstrated satisfactory performance as established by the commissioner may be awarded on a noncompetitive basis. The commissioner may revoke or deny funding for Indian organizations or tribal social service agencies failing to meet the grant criteria established by the commissioner, and the commissioner may request new proposals from Indian organizations or tribal social service agencies to the extent that funding is available.
Sec. 41. [KINSHIP CAREGIVER INFORMATION.]
The commissioner of human services shall develop an informational brochure which describes the laws and services that may be applicable to and available to grandparents and other kinship caregivers to assist them in caring for the minor kinship children who are in their care. The brochure must also indicate how a kinship caregiver can receive further information. The brochure must be distributed to county social service agencies, area agencies on aging, the ombudsperson for families, and other known community organizations that may have contact with kinship caregivers. For purposes of this section, "kinship caregiver" means any of the following persons related to the child by marriage, blood, or adoption: grandparent, great grandparent, brother, sister, stepparent, stepsister, stepbrother, niece, nephew, uncle, great uncle, aunt, or great aunt.
Sec. 42. [FEASIBILITY STUDY.]
The commissioner of human services shall study the feasibility of utilizing the MAXIS system to provide an information notice to child-only AFDC assistance units. The purpose of the notice is to inform the adult caretaker of the assistance unit that information regarding foster care, adoption, and other child welfare laws and services which may be applicable to the child is available from the county social services agency upon request. The feasibility study must include, if appropriate, an estimate of the cost of providing this notice to child-only AFDC assistance units. The commissioner shall submit the feasibility study to the chair of the house health and human services finance division and to the chair of the senate health care and family services finance division by February 1, 1996.
Sec. 43. [DIFFICULTY OF CARE STUDY.]
The commissioner of human services shall study and report to the house health and human services finance division, and to the senate health care and family services finance division, on the advisability of continuing to reimburse for foster care services on the basis of difficulty of care factors. The report shall be submitted no later than January 1, 1996, and shall include specific recommendations as to whether the difficulty of care reimbursement system should be retained, modified, or abandoned. In preparing this report, the commissioner shall consult with public and private foster care agencies and with foster care providers, and shall consider the differential impact, if any, on the child from receiving foster care reimbursement through the difficulty of care reimbursement system versus through an alternative reimbursement mechanism. The report must also identify the legal and institutional barriers, if any, to changing from a difficulty of care reimbursement system to another type of reimbursement system.
Sec. 44. [REPEALER.]
Minnesota Statutes 1994, sections 256F.05, subdivisions 2a and 4a; 256F.06, subdivision 3; and 256H.03, subdivisions 2 and 5, are repealed.
Sec. 45. [EFFECTIVE DATES.]
Section 2 (256.8711, subd. 1-10) is effective October 1, 1995.
Sections 5 to 19 (256F.01; 256F.02; 256F.03, subd. 5 and 10; 256F.04, subd. 1 and 2; 256F.05, subd. 1a, 2, 3, 4, 5, 7, 8; 256F.06, subd. 1 and 2) are effective January 1, 1996.
Section 1. Minnesota Statutes 1994, section 256.12, subdivision 14, is amended to read:
Subd. 14. [DEPENDENT CHILD.] (a) "Dependent child," as used in sections 256.72 to 256.87, means a child under the age of 18 years, or a child under the age of 19 years who is regularly attending as a full-time student, and is expected to complete before reaching age 19, a high school or a secondary level course of vocational or technical training designed to fit students for gainful employment, who is found to be deprived of parental support or care by reason of the death, continued absence from the home, physical or mental incapacity of a parent, or who is a child of an unemployed parent as that term is defined by the commissioner of human services, such definition to be consistent with and not to exceed minimum standards established by the Congress of the United States and the Secretary of Health and Human Services. When defining "unemployed parent," the commissioner shall count up to four calendar quarters of full-time attendance in any of the following toward the requirement that a principal earner have six or more quarters of work in any 13 calendar quarter period ending within one year before application for aid to families with dependent children:
(1) an elementary or secondary school;
(2) a federally approved vocational or technical training course designed to prepare the parent for gainful employment; or
(3) full-time participation in an education or training program established under the job training partnership act.
(b) Dependent child also means a child:
(1) whose relatives are liable under the law for the child's support and are not able to provide adequate care and support of the child; and
(2) who is living with father, mother, grandfather,
grandmother, brother, sister, stepfather, stepmother,
stepbrother, stepsister, uncle, aunt, first cousin, nephew, or
niece a parent or a person in one of the groups listed
under Code of Federal Regulations, title 45, section
233.90(c)(1)(v)(A) in a place of residence maintained by one
or more of these relatives as a home.
(c) Dependent child also means a child who has been removed
from the home of a relative after a judicial determination that
continuance in the home would be contrary to the welfare and best
interests of the child and whose care and placement in a foster
home, a different relative's home, or a private licensed
child care institution is, in accordance with the rules of the
commissioner, the responsibility of the state or county agency
under sections 256.72 to 256.87. This child is eligible for
benefits only through the foster care and adoption assistance
program contained in Title IV-E of the Social Security Act,
United States Code, title 42, sections 670 to 676, and is not
entitled to benefits under sections 256.72 to 256.87.
Sec. 2. Minnesota Statutes 1994, section 256.73, subdivision 2, is amended to read:
Subd. 2. [ALLOWANCE BARRED BY OWNERSHIP OF PROPERTY.] Ownership by an assistance unit of property as follows is a bar to any allowance under sections 256.72 to 256.87:
(1) The value of real property other than the homestead, which
when combined with other assets exceeds the limits of paragraph
(2), unless the assistance unit is making a good faith effort to
sell the nonexcludable real property. The time period for
disposal must not exceed nine consecutive months. The assistance
unit must sign an agreement to dispose of the property and to
repay assistance received during the nine months that would
not have been paid had the property been sold at the beginning of
such period, but not to exceed the amount of the net sale
proceeds. The family has five working days from the date it
realizes cash from the sale of the property to repay the
overpayment. If the property is not sold within the required
time or the assistance unit becomes ineligible for any reason
during the nine-month period, the amount payable under the
agreement will not be determined and recovery will not begin
until the property is in fact sold. execute a lien
covering that property with the amount of assistance expended
over the nine-month period covered by the agreement. The amount
payable should be calculated and entered onto the lien form which
shall be filed for record with the recorder in the county where
the real property is situated. The lien takes priority from the
time of its attaching over all other liens subsequently acquired
and subsequent conveyances. The lien shall be enforced in the
manner provided by law for the enforcement of mechanics liens
upon real property and at such time as the property is in fact
sold. If the property is intentionally sold at less than
fair market value or if a good faith effort to sell the property
is not being made, the overpayment amount shall be computed using
the fair market value determined at the beginning of the
nine-month period. For the purposes of this section, "homestead"
means the home that is owned by, and is the usual residence of,
the child, relative, or other member of the assistance unit
together with the surrounding property which is not separated
from the home by intervening property owned by others. "Usual
residence" includes the home from which the child, relative, or
other members of the assistance unit is temporarily absent due to
an employability development plan approved by the local human
service agency, which includes education, training, or job search
within the state but outside of the immediate geographic area.
Public rights-of-way, such as roads which run through the
surrounding property and separate it from the home, will not
affect the exemption of the property; or
(2) Personal property of an equity value in excess of $1,000 for the entire assistance unit, exclusive of personal property used as the home, one motor vehicle of an equity value not exceeding $1,500 or the entire equity value of a motor vehicle determined to be necessary for the operation of a self-employment business, one burial plot for each member of the assistance unit, one prepaid burial contract with an equity value of no more than $1,000 for each member of the assistance unit, clothing and necessary household furniture and equipment and other basic maintenance items essential for daily living, in accordance with rules promulgated by and standards established by the commissioner of human services.
Sec. 3. Minnesota Statutes 1994, section 256.73, subdivision 3a, is amended to read:
Subd. 3a. [PERSONS INELIGIBLE.] No assistance shall be given under sections 256.72 to 256.87:
(1) on behalf of any person who is receiving supplemental security income under title XVI of the Social Security Act unless permitted by federal regulations;
(2) for any month in which the assistance unit's gross income,
without application of deductions or disregards, exceeds 185
percent of the standard of need for a family of the same size and
composition; except that the earnings of a dependent child who is
a full-time student may be disregarded for six months per
calendar year and the earnings of a dependent child that are
derived from the jobs training and partnership act (JTPA) may be
disregarded for six months per calendar year. These two earnings
disregards cannot be combined to allow more than a total of six
months per calendar year when the earned income of a full-time
student is derived from participation in a program under the
JTPA. If a stepparent's income is taken into account in
determining need, the disregards specified in section 256.74,
subdivision 1a, shall be applied to determine income available to
the assistance unit before calculating the unit's gross income
for purposes of this paragraph;. If a stepparent's
needs are included in the assistance unit as specified in section
256.74, subdivision 1, the disregards specified in section
256.74, subdivision 1, shall be applied.
(3) to any assistance unit for any month in which any caretaker relative with whom the child is living is, on the last day of that month, participating in a strike;
(4) on behalf of any other individual in the assistance unit, nor shall the individual's needs be taken into account for any month in which, on the last day of the month, the individual is participating in a strike;
(5) on behalf of any individual who is the principal earner in an assistance unit whose eligibility is based on the unemployment of a parent when the principal earner, without good cause, fails or refuses to accept employment, or to register with a public employment office, unless the principal earner is exempt from these work requirements.
Sec. 4. Minnesota Statutes 1994, section 256.736, subdivision 3, is amended to read:
Subd. 3. [REGISTRATION.] (a) To the extent permissible under federal law, every caretaker or child is required to register for employment and training services, as a condition of receiving AFDC, unless the caretaker or child is:
(1) a child who is under age 16, a child age 16 or 17 who is attending elementary or secondary school or a secondary level vocational or technical school full time;
(2) ill, incapacitated, or age 60 or older;
(3) a person for whom participation in an employment and training service would require a round trip commuting time by available transportation of more than two hours;
(4) a person whose presence in the home is required because of illness or incapacity of another member of the household;
(5) a caretaker or other caretaker relative of a child under the age of three who personally provides full-time care for the child. In AFDC-UP cases, only one parent or other relative may qualify for this exemption;
(6) a caretaker or other caretaker relative personally providing care for a child under six years of age, except that when child care is arranged for or provided, the caretaker or caretaker relative may be required to register and participate in employment and training services up to a maximum of 20 hours per week. In AFDC-UP cases, only one parent or other relative may qualify for this exemption;
(7) a pregnant woman, if it has been medically verified that
the child is expected to be born within the next six months;
or
(8) employed at least 30 hours per week; or
(9) an individual added to an assistance unit as an essential person under section 256.74, subdivision 1, who does not meet the definition of a "caretaker" as defined in subdivision 1a, paragraph (c).
(b) To the extent permissible by federal law, applicants for benefits under the AFDC program are registered for employment and training services by signing the application form. Applicants must be informed that they are registering for employment and training services by signing the form. Persons receiving benefits on or after July 1, 1987, shall register for employment and training services to the extent permissible by federal law. The caretaker has a right to a fair hearing under section 256.045 with respect to the appropriateness of the registration.
Sec. 5. Minnesota Statutes 1994, section 256.736, subdivision 13, is amended to read:
Subd. 13. [STATE SHARE.] The state must pay 75 percent of the nonfederal share of costs incurred by counties under subdivision 11.
Beginning July 1, 1991, the state will reimburse counties, up
to the limit of state appropriations, according to the payment
schedule in section 256.025, for the county share of county
agency expenditures made under subdivision 11 from January 1,
1991, on to June 30, 1995. Payment to counties
under this subdivision is subject to the provisions of section
256.017.
Beginning July 1, 1995, the state must pay 100 percent of the nonfederal share incurred by counties under subdivision 11, up to the limit of state appropriations. If the state appropriation is not sufficient to fund the cost of
case management services for all caretakers identified in subdivision 2a, the commissioner must define a statewide subgroup of caretakers which includes all caretakers in subdivision 2a, clause (1), and as many caretakers as possible from subdivision 2a, clauses (2) and (3).
Sec. 6. Minnesota Statutes 1994, section 256.74, subdivision 1, is amended to read:
Subdivision 1. [AMOUNT.] The amount of assistance which shall
be granted to or on behalf of any dependent child and
mother parent or other needy eligible relative
caring for the dependent child shall be determined by the county
agency in accordance with rules promulgated by the commissioner
and shall be sufficient, when added to all other income and
support available to the child, to provide the child with a
reasonable subsistence compatible with decency and health. To
the extent permissible under federal law, an eligible relative
caretaker or parent shall have the option to include in the
assistance unit the needs, income, and resources of the following
essential persons who are not otherwise eligible for AFDC because
they do not qualify as a caretaker or as a dependent
child:
(1) a parent or relative caretaker's spouse and stepchildren; or
(2) blood or legally adopted relatives who are under the age of 18 or under the age of 19 years who are regularly attending as a full-time student, and are expected to complete before or during the month of their 19th birthday, a high school or secondary level course of vocational or technical training designed to prepare students for gainful employment. The amount shall be based on the method of budgeting required in Public Law Number 97-35, section 2315, United States Code, title 42, section 602, as amended and federal regulations at Code of Federal Regulations, title 45, section 233. Nonrecurring lump sum income received by an AFDC family must be budgeted in the normal retrospective cycle. When the family's income, after application of the applicable disregards, exceeds the need standard for the family because of receipt of earned or unearned lump sum income, the family will be ineligible for the full number of months derived by dividing the sum of the lump sum income and other income by the monthly need standard for a family of that size. Any income remaining from this calculation is income in the first month following the period of ineligibility. The first month of ineligibility is the payment month that corresponds with the budget month in which the lump sum income was received. For purposes of applying the lump sum provision, family includes those persons defined in the Code of Federal Regulations, title 45, section 233.20(a)(3)(ii)(F). A period of ineligibility must be shortened when the standard of need increases and the amount the family would have received also changes, an amount is documented as stolen, an amount is unavailable because a member of the family left the household with that amount and has not returned, an amount is paid by the family during the period of ineligibility to cover a cost that would otherwise qualify for emergency assistance, or the family incurs and pays for medical expenses which would have been covered by medical assistance if eligibility existed. In making its determination the county agency shall disregard the following from family income:
(1) all the earned income of each dependent child applying for AFDC if the child is a full-time student and all of the earned income of each dependent child receiving AFDC who is a full-time student or is a part-time student who is not a full-time employee. A student is one who is attending a school, college, or university, or a course of vocational or technical training designed to fit students for gainful employment and includes a participant in the Job Corps program under the Job Training Partnership Act (JTPA). The county agency shall also disregard all income of each dependent child applying for or receiving AFDC when the income is derived from a program carried out under JTPA, except that disregard of earned income may not exceed six months per calendar year;
(2) all educational grants and loans assistance,
except the county agency shall count graduate student teaching
assistantships, fellowships, and other similar paid work as
earned income and, after allowing deductions for any unmet and
necessary educational expenses, shall count scholarships or
grants awarded to graduate students that do not require teaching
or research as unearned income;
(3) the first $90 of each individual's earned income. For self-employed persons, the expenses directly related to producing goods and services and without which the goods and services could not be produced shall be disregarded pursuant to rules promulgated by the commissioner;
(4) thirty dollars plus one-third of each individual's earned income for individuals found otherwise eligible to receive aid or who have received aid in one of the four months before the month of application. With respect to any month, the county welfare agency shall not disregard under this clause any earned income of any person who has: (a) reduced earned income without good cause within 30 days preceding any month in which an assistance payment is made; (b) refused without good cause to accept an offer of suitable employment; (c) left employment or reduced earnings without good cause and applied for assistance so as to be able later to return to employment with the advantage of the income disregard; or (d) failed without good cause to make a timely report of earned income in
accordance with rules promulgated by the commissioner of human services. Persons who are already employed and who apply for assistance shall have their needs computed with full account taken of their earned and other income. If earned and other income of the family is less than need, as determined on the basis of public assistance standards, the county agency shall determine the amount of the grant by applying the disregard of income provisions. The county agency shall not disregard earned income for persons in a family if the total monthly earned and other income exceeds their needs, unless for any one of the four preceding months their needs were met in whole or in part by a grant payment. The disregard of $30 and one-third of earned income in this clause shall be applied to the individual's income for a period not to exceed four consecutive months. Any month in which the individual loses this disregard because of the provisions of subclauses (a) to (d) shall be considered as one of the four months. An additional $30 work incentive must be available for an eight-month period beginning in the month following the last month of the combined $30 and one-third work incentive. This period must be in effect whether or not the person has earned income or is eligible for AFDC. To again qualify for the earned income disregards under this clause, the individual must not be a recipient of aid for a period of 12 consecutive months. When an assistance unit becomes ineligible for aid due to the fact that these disregards are no longer applied to income, the assistance unit shall be eligible for medical assistance benefits for a 12-month period beginning with the first month of AFDC ineligibility;
(5) an amount equal to the actual expenditures for the care of each dependent child or incapacitated individual living in the same home and receiving aid, not to exceed: (a) $175 for each individual age two and older, and $200 for each individual under the age of two. The dependent care disregard must be applied after all other disregards under this subdivision have been applied;
(6) the first $50 per assistance unit of the monthly support obligation collected by the support and recovery (IV-D) unit. The first $50 of periodic support payments collected by the public authority responsible for child support enforcement from a person with a legal obligation to pay support for a member of the assistance unit must be paid to the assistance unit within 15 days after the end of the month in which the collection of the periodic support payments occurred and must be disregarded when determining the amount of assistance. A review of a payment decision under this clause must be requested within 30 days after receiving the notice of collection of assigned support or within 90 days after receiving the notice if good cause can be shown for not making the request within the 30-day limit;
(7) that portion of an insurance settlement earmarked and used to pay medical expenses, funeral and burial costs, or to repair or replace insured property; and
(8) all earned income tax credit payments received by the family as a refund of federal income taxes or made as advance payments by an employer.
All payments made pursuant to a court order for the support of children not living in the assistance unit's household shall be disregarded from the income of the person with the legal obligation to pay support, provided that, if there has been a change in the financial circumstances of the person with the legal obligation to pay support since the support order was entered, the person with the legal obligation to pay support has petitioned for a modification of the support order.
Sec. 7. Minnesota Statutes 1994, section 256D.05, subdivision 7, is amended to read:
Subd. 7. [INELIGIBILITY FOR GENERAL ASSISTANCE.] No person
disqualified from any federally aided assistance program
shall be eligible for general assistance during the
a period covered by the disqualification sanction
when the person, though otherwise eligible for assistance
under a federal program, has been disqualified from that
program.
Sec. 8. Minnesota Statutes 1994, section 256D.36, subdivision 1, is amended to read:
Subdivision 1. [STATE PARTICIPATION.] (a) [ELIGIBILITY.]
Commencing January 1, 1974, the commissioner shall certify to
each county agency the names of all county residents who were
eligible for and did receive aid during December, 1973, pursuant
to a categorical aid program of old age assistance, aid to the
blind, or aid to the disabled. The amount of supplemental aid
for each individual eligible under this section shall be
calculated according to the formula in title II, section 212(a)
(3) of Public Law Number 93-66, as amended.
(b) [DIVISION COSTS.] From and after January 1, 1980, until
January 1, 1981, the state shall pay 70 percent and the county
shall pay 30 percent of the supplemental aid calculated for each
county resident certified under this section who is an applicant
for or recipient of supplemental security income. After December
31, 1980, The state share of aid paid shall be 85 percent and
the county share shall be 15 percent. Benefits shall be issued
to recipients by the state or county and funded according to
section 256.025, subdivision 3, subject to provisions of section
256.017.
Beginning July 1, 1991, the state will reimburse counties according to the payment schedule in section 256.025 for the county share of county agency expenditures for financial benefits to individuals under this subdivision from January 1, 1991, on. Payment to counties under this subdivision is subject to the provisions of section 256.017.
Sec. 9. Minnesota Statutes 1994, section 256D.385, is amended to read:
256D.385 [RESIDENCE.]
To be eligible for Minnesota supplemental aid, a person must be
a resident of Minnesota and (1) a citizen of the United States,
or (2) an alien lawfully admitted to the United States
for permanent residence, or (3) otherwise permanently residing in
the United States under color of law as defined by an
alien eligible to receive the supplemental security income
program.
Sec. 10. Minnesota Statutes 1994, section 256D.405, subdivision 3, is amended to read:
Subd. 3. [REPORTS.] Recipients must report changes in
circumstances that affect eligibility or assistance payment
amounts within ten days of the change. Recipients with earned
income, and recipients who do not receive SSI because of
excess income must complete a monthly report form if they have
earned income, if they have income allocated
deemed to them from a financially responsible relative
with whom the recipient resides, must complete a monthly
household report form or if they have income deemed to
them by a sponsor. If the report form is not received before
the end of the month in which it is due, the county agency must
terminate assistance. The termination shall be effective on the
first day of the month following the month in which the report
was due. If a complete report is received within the month the
assistance was terminated, the assistance unit is considered to
have continued its application for assistance, effective the
first day of the month the assistance was terminated.
Sec. 11. Minnesota Statutes 1994, section 256D.425, subdivision 1, is amended to read:
Subdivision 1. [PERSONS ENTITLED TO RECEIVE AID.] A person
who is aged, blind, or 18 years of age or older and disabled,
whose income is less than the standards of assistance in section
256D.44 and whose resources are less than the limits in
subdivision 2 is eligible for and entitled to Minnesota
supplemental aid. A person found eligible by the Social Security
Administration for supplemental security income under Title XVI
on the basis of age, blindness, or disability meets these
requirements. A person who would be eligible for the
supplemental security income program except for income that
exceeds the limit of that program but that A person
receiving supplemental security benefits under Title XVI on the
basis of age, blindness, or disability (or would be eligible for
such benefits except for excess income) is eligible for a payment
under the Minnesota supplemental aid program, if the person's net
income is less than the standards in section 256D.44. Persons who
are not receiving supplemental security income benefits under
Title XVI of the Social Security Act or disability insurance
benefits under Title II of the Social Security Act due to
exhausting time limited benefits are not eligible to receive
benefits under the MSA program. Persons who are not receiving
social security or other maintenance benefits for failure to meet
or comply with the social security or other maintenance program
requirements are not eligible to receive benefits under the MSA
program. Persons who are found ineligible for supplemental
security income because of excess income, but whose income is
within the limits of the Minnesota supplemental aid program, must
have blindness or disability determined by the state medical
review team.
Sec. 12. Minnesota Statutes 1994, section 256D.435, subdivision 1, is amended to read:
Subdivision 1. [EXCLUSIONS INCOME.] The
following is excluded from income in determining eligibility for
Minnesota supplemental aid:
(1) the value of food stamps;
(2) home-produced food used by the household;
(3) Indian claim payments made by the United States Congress
to compensate members of Indian tribes for the taking of tribal
lands by the federal government;
(4) cash payments to displaced persons who face relocation
as a result of the Housing Act of 1965, the Housing and Urban
Development Act of 1965, or the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970;
(5) one-third of child support payments received by an
eligible child from an absent parent;
(6) displaced homemaker payments;
(7) reimbursement received for maintenance costs of
providing foster care to adults or children;
(8) benefits received under Title IV and Title VII of the
Older Americans Act of 1965;
(9) Minnesota renter or homeowner property tax
refunds;
(10) infrequent, irregular income that does not total more
than $20 per person in a month;
(11) reimbursement payments received from the VISTA
program;
(12) in-kind income;
(13) payments received for providing volunteer services
under Title I, Title II, and Title III of the Domestic Volunteer
Service Act of 1973;
(14) loans that have to be repaid;
(15) federal low-income heating assistance program
payments;
(16) any other type of funds excluded as income by state
law;
(17) student financial aid, as allowed for the supplemental
security income program; and
(18) other income excluded by the supplemental security
income program. For persons receiving supplemental
security income benefits, the countable income used to determine
eligibility and benefits for Minnesota supplemental aid is the
gross amount of the Federal Benefit Rate (FBR) after allowing for
the general income disregard in subdivision 5. For persons
denied a supplemental security income benefit due to excess
income, and have had their blindness or disability determined
through the state medical review team, the countable income is
the gross amount of earned and unearned income, minus the
exclusions and disregards listed in subdivisions 4a, 5, and
6.
Sec. 13. Minnesota Statutes 1994, section 256D.435, subdivision 3, is amended to read:
Subd. 3. [APPLICATION FOR FEDERALLY FUNDED BENEFITS.]
Persons for whom the applicant or recipient has financial
responsibility and who have unmet needs Persons who live
with the applicant or recipient, who have unmet needs and for
whom the applicant or recipient has financial responsibility,
must apply for and, if eligible, accept AFDC and other federally
funded benefits. If the persons are determined potentially
eligible for AFDC by the county agency, the applicant or
recipient may not allocate earned or unearned income to those
persons while an AFDC application is pending, or after the
persons are determined eligible for AFDC. If the persons are
determined potentially eligible for other federal benefits, the
applicant or recipient may only allocate income to those persons
until they are determined eligible for those other benefits
unless the amount of those benefits is less than the amount in
subdivision 4.
Sec. 14. Minnesota Statutes 1994, section 256D.435, subdivision 4, is amended to read:
Subd. 4. [ALLOCATION AND DEEMING OF INCOME.] The
rate of allocation to relatives for whom the applicant or
recipient is financially responsible is one-half the individual
supplemental security income standard of assistance, except as
restricted in subdivision 3.
If the applicant or recipient shares a residence with
another person who has financial responsibility for the applicant
or recipient, the income of that person is considered available
to the applicant or recipient after allowing: (1) the deductions
in subdivisions 7 and 8; and (2) a deduction for the needs of the
financially responsible relative and others in the household for
whom that relative is financially responsible. The rate allowed
to meet the needs of each of these people is one-half the
individual supplemental security income standard. The
county agency shall apply the supplemental security income rules
regarding financial responsibility when determining the amount of
income to allocate or deem.
Sec. 15. Minnesota Statutes 1994, section 256D.435, is amended by adding a subdivision to read:
Subd. 4a. [EXCLUSIONS.] The income exclusions used to determine eligibility for Minnesota supplemental aid are those used to determine benefits for supplemental security income.
Sec. 16. Minnesota Statutes 1994, section 256D.435, subdivision 5, is amended to read:
Subd. 5. [GENERAL INCOME DISREGARD.] The county agency shall
disregard the first $20 of the assistance unit's unearned or
earned income from the assistance unit's gross earned
income.
Sec. 17. Minnesota Statutes 1994, section 256D.435, subdivision 6, is amended to read:
Subd. 6. [EARNED INCOME DISREGARDS.] From the assistance
unit's gross earned income, the county agency shall disregard $65
plus one-half of the remaining income. The earned income
disregards used to determine eligibility for Minnesota
supplemental aid are those used to determine benefits for
supplemental security income.
Sec. 18. Minnesota Statutes 1994, section 256D.44, subdivision 1, is amended to read:
Subdivision 1. [USE OF STANDARDS; INCREASES.] The state
standards of assistance for shelter, basic needs,
and plus special need items that establish
the total amount of maintenance need for an applicant for
or recipient of Minnesota supplemental aid, are used to
determine the assistance unit's eligibility for Minnesota
supplemental aid. The state standards of assistance for basic
needs must increase by an amount equal to the dollar value,
rounded up to the nearest dollar, of any cost of living increases
in the supplemental security income program.
Sec. 19. Minnesota Statutes 1994, section 256D.44, subdivision 2, is amended to read:
Subd. 2. [STANDARD OF ASSISTANCE FOR SHELTER PERSONS
ELIGIBLE FOR MEDICAL ASSISTANCE WAIVERS OR AT RISK OF PLACEMENT
IN A GROUP RESIDENTIAL HOUSING FACILITY.] The state
standard of assistance for shelter provides for the recipient's
shelter costs. The monthly state standard of assistance for
shelter must be determined according to paragraphs (a) to
(f).
(a) If an applicant or recipient does not reside with
another person or persons, the state standard of assistance is
the actual cost for shelter items or $124, whichever is
less.
(b) If an applicant married couple or recipient married
couple, who live together, does not reside with others, the state
standard of assistance is the actual cost for shelter items or
$186, whichever is less.
(c) If an applicant or recipient resides with another person
or persons, the state standard of assistance is the actual cost
for shelter items or $93, whichever is less.
(d) If an applicant married couple or recipient married
couple, who live together, resides with others, the state
standard of assistance is the actual cost for shelter items or
$124, whichever is less.
(e) Actual shelter costs for applicants or recipients, who
reside with others, are determined by dividing the total monthly
shelter costs by the number of persons who share the
residence.
(f) Married couples, living together and receiving MSA on
January 1, 1994, and whose eligibility has not been terminated
for a full calendar month, are exempt from the standards in
paragraphs (b) and (d). The state standard of assistance
for a person who is eligible for a medical assistance waiver or a
person who has been determined by the local agency to meet the
plan requirements for placement in a group residential housing
facility under section 256I.04, subdivision 1a, is the standard
established in subdivision 3, paragraph (a) or (b).
Sec. 20. Minnesota Statutes 1994, section 256D.44, subdivision 3, is amended to read:
Subd. 3. [STANDARD OF ASSISTANCE FOR BASIC NEEDS.] The
state standard of assistance for basic needs provides for the
applicant's or recipient's maintenance needs, other than actual
shelter costs. Except as provided in subdivision 4, the
monthly state standard of assistance for basic needs is as
follows:
(a) If an applicant or recipient does not reside with another
person or persons, the state standard of assistance is
$371 $519.
(b) If an applicant married couple or recipient married couple
who live together, does not reside with others, the state
standard of assistance is $557 $778.
(c) If an applicant or recipient resides with another person or
persons, the state standard of assistance is $286
$395.
(d) If an applicant married couple or recipient married couple
who live together, resides with others, the state standard of
assistance is $371 $519.
(e) Married couples, living together who do not reside with
others and were receiving MSA on prior
to January 1, 1994, and whose eligibility has not been
terminated a full calendar month, are exempt from the
standards in paragraphs (b) and (d) the state standard of
assistance is $793.
(f) Married couples living together who reside with others and were receiving MSA prior to January 1, 1994, and whose eligibility has not been terminated a full calendar month, the state standard of assistance is $682.
(g) For an individual who is a resident of a nursing home, a regional treatment center or a group residential housing facility, the state standard of assistance is the personal needs allowance for medical assistance recipients under section 256B.35.
Sec. 21. Minnesota Statutes 1994, section 256D.44, subdivision 4, is amended to read:
Subd. 4. [TEMPORARY ABSENCE DUE TO ILLNESS.] For the purposes
of this subdivision, "home" means a residence owned or rented by
a recipient or the recipient's spouse. Home does not include a
negotiated rate group residential housing facility.
Assistance payments for recipients who are temporarily absent
from their home due to hospitalization for illness must continue
at the same level of payment during their absence if the
following criteria are met:
(1) a physician certifies that the absence is not expected to continue for more than three months;
(2) a physician certifies that the recipient will be able to return to independent living; and
(3) the recipient has expenses associated with maintaining a residence in the community.
Sec. 22. Minnesota Statutes 1994, section 256D.44, subdivision 5, is amended to read:
Subd. 5. [SPECIAL NEEDS.] Notwithstanding In
addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following
special needs of recipients of Minnesota supplemental aid who
are not residents of a nursing home, a regional treatment center,
or a group residential housing facility:
(a) The county agency shall pay a monthly allowance for medically prescribed diets payable under the AFDC program if the cost of those additional dietary needs cannot be met through some other maintenance benefit.
(b) Payment for nonrecurring special needs must be allowed for necessary home repairs or necessary repairs or replacement of household furniture and appliances using the payment standard of the AFDC program for these expenses, as long as other funding sources are not available.
(c) A fee for guardian or conservator service is allowed at a reasonable rate negotiated by the county or approved by the court. This rate shall not exceed five percent of the assistance unit's gross monthly income up to a maximum of $100 per month. If the guardian or conservator is a member of the county agency staff, no fee is allowed.
(d) The county agency shall continue to pay a monthly allowance of $68 for restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and who eats two or more meals in a restaurant daily. The allowance must continue until the person has not received Minnesota supplemental aid for one full calendar month or until the person's living arrangement changes and the person no longer meets the criteria for the restaurant meal allowance, whichever occurs first.
(e) A fee of ten percent of the recipients gross income or $25, whichever is less, is allowed for representative payee services provided by an agency that meets the requirements under SSI regulations to charge a fee for representative payee services. This special need is available to all recipients of Minnesota supplemental aid regardless of their living arrangement.
Sec. 23. Minnesota Statutes 1994, section 256D.44, subdivision 6, is amended to read:
Subd. 6. [COUNTY AGENCY STANDARDS OF ASSISTANCE.] The county
agency may establish standards of assistance for shelter,
basic needs, special needs, and clothing and personal
needs, and negotiated rates that exceed the corresponding
state standards of assistance. State aid is not available for
costs above state standards.
Sec. 24. Minnesota Statutes 1994, section 256D.45, subdivision 1, is amended to read:
Subdivision 1. [PROSPECTIVE BUDGETING.] A calendar
month is The payment period and budgeting cycle for
Minnesota supplemental aid. The monthly payment to a
recipient must be determined prospectively are those of
the supplemental security income program.
Sec. 25. Minnesota Statutes 1994, section 256D.46, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] Emergency Minnesota supplemental aid must be granted if the recipient is without adequate resources to resolve an emergency that, if unresolved, will threaten the health or safety of the recipient. For the purposes of this section, the term "recipient" includes persons for whom a group residential housing benefit is being paid under sections 256I.01 to 256I.06.
Sec. 26. Minnesota Statutes 1994, section 256D.46, subdivision 2, is amended to read:
Subd. 2. [INCOME AND RESOURCE TEST.] All income and resources
available to the recipient during the month in which the need
for emergency Minnesota supplemental aid arises must be
considered in determining the recipient's ability to meet the
emergency need. Property that can be liquidated in time to
resolve the emergency and income (excluding Minnesota
supplemental aid issued for current month's need) that is
normally disregarded or excluded under the Minnesota supplemental
aid program must be considered available to meet the emergency
need.
Sec. 27. Minnesota Statutes 1994, section 256D.48, subdivision 1, is amended to read:
Subdivision 1. [NEED FOR PROTECTIVE PAYEE.] The county agency
shall determine whether a recipient needs a protective payee when
a physical or mental condition renders the recipient unable to
manage funds and when payments to the recipient would be contrary
to the recipient's welfare. Protective payments must be issued
when there is evidence of: (1) repeated inability to plan the
use of income to meet necessary expenditures; (2) repeated
observation that the recipient is not properly fed or clothed;
(3) repeated failure to meet obligations for rent, utilities,
food, and other essentials; (4) evictions or a repeated
incurrence of debts; or (5) lost or stolen checks; or
(6) use of emergency Minnesota supplemental aid more than twice
in a calendar year. The determination of representative
payment by the Social Security Administration for the recipient
is sufficient reason for protective payment of Minnesota
supplemental aid payments.
Sec. 28. Minnesota Statutes 1994, section 256I.03, subdivision 5, is amended to read:
Subd. 5. [MSA EQUIVALENT RATE.] "MSA equivalent rate" means an amount equal to the total of:
(1) the combined maximum shelter and basic needs standards for MSA recipients living alone specified in section 256D.44, subdivisions 2, paragraph (a); and 3, paragraph (a); plus
(2) for persons who are not eligible to receive food stamps
due to living arrangement, the maximum allotment authorized
by the federal Food Stamp Program for a single individual which
is in effect on the first day of July each year; less
(3) the personal needs allowance authorized for medical assistance recipients under section 256B.35.
The MSA equivalent rate is to be adjusted on the first day of July each year to reflect changes in any of the component rates under clauses (1) to (3).
Sec. 29. Minnesota Statutes 1994, section 256I.03, is amended by adding a subdivision to read:
Subd. 7. [COUNTABLE INCOME.] "Countable income" means all income received by an applicant or recipient less any applicable exclusions or disregards. For a recipient of any cash benefit from the SSI program, countable income means the SSI benefit limit in effect at the time the person is in a GRH setting less $20, less the medical assistance personal needs allowance. If the SSI limit has been reduced for a person due to events occurring prior to the persons entering the GRH setting, countable income means actual income less any applicable exclusions and disregards.
Sec. 30. Minnesota Statutes 1994, section 256I.04, is amended to read:
256I.04 [ELIGIBILITY FOR GROUP RESIDENTIAL HOUSING PAYMENT.]
Subdivision 1. [INDIVIDUAL ELIGIBILITY REQUIREMENTS.] An individual is eligible for and entitled to a group residential housing payment to be made on the individual's behalf if the county agency has approved the individual's residence in a group residential housing setting and the individual meets the requirements in paragraph (a) or (b).
(a) The individual is aged, blind, or is over 18 years of age and disabled as determined under the criteria used by the title II program of the Social Security Act, and meets the resource restrictions and standards of the supplemental security income program, and the individual's countable income after deducting the exclusions and disregards of the SSI program and the medical assistance personal needs allowance under section 256B.35 is less than the monthly rate specified in the county agency's agreement with the provider of group residential housing in which the individual resides.
(b) The individual's resources are less than the standards specified by section 256D.08, and the individual's countable income as determined under sections 256D.01 to 256D.21, less the medical assistance personal needs allowance under section 256B.35 is less than the monthly rate specified in the county agency's agreement with the provider of group residential housing in which the individual resides.
Subd. 1a. [COUNTY APPROVAL.] A county agency may not approve a group residential housing payment for an individual in any setting with a rate in excess of the MSA equivalent rate for more than 30 days in a calendar year unless the county agency has developed or approved a plan for the individual which specifies that:
(1) the individual has an illness or incapacity which prevents the person from living independently in the community; and
(2) the individual's illness or incapacity requires the services which are available in the group residence.
The plan must be signed or countersigned by any of the following employees of the county of financial responsibility: the director of human services or a designee of the director; a social worker; or a case aide.
Subd. 1b. [OPTIONAL STATE SUPPLEMENTS TO SSI.] Group residential housing payments made on behalf of persons eligible under subdivision 1, paragraph (a), are optional state supplements to the SSI program.
Subd. 1c. [INTERIM ASSISTANCE.] Group residential housing payments made on behalf of persons eligible under subdivision 1, paragraph (b), are considered interim assistance payments to applicants for the federal SSI program.
Subd. 2. [DATE OF ELIGIBILITY.] An individual who has met the eligibility requirements of subdivision 1, shall have a group residential housing payment made on the individual's behalf from the first day of the month in which a signed application form is received by a county agency, or the first day of the month in which all eligibility factors have been met, whichever is later.
Subd. 2a. [LICENSE REQUIRED.] A county agency may not enter into an agreement with an establishment to provide group residential housing unless:
(1) the establishment is licensed by the department of health as a hotel and restaurant; a board and lodging establishment; a residential care home; a boarding care home before March 1, 1985; or a supervised living facility, and the service provider for residents of the facility is licensed under chapter 245A. However, an establishment licensed by the department of health to provide lodging need not also be licensed to provide board if meals are being supplied to residents under a contract with a food vendor who is licensed by the department of health; or
(2) the residence is licensed by the commissioner of human services under Minnesota Rules, parts 9555.5050 to 9555.6265, or certified by a county human services agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 to 9555.6265.
The requirements under clauses (1) and (2) do not apply to establishments exempt from state licensure because they are located on Indian reservations and subject to tribal health and safety requirements.
Subd. 2b. [GROUP RESIDENTIAL HOUSING AGREEMENTS.] Agreements between county agencies and providers of group residential housing must be in writing and must specify the name and address under which the establishment subject to the agreement does business and under which the establishment, or service provider, if different from the group residential housing establishment, is licensed by the department of health or the department of human services; the specific license or registration from the department of health or the department of human services held by the provider and the number of beds subject to that license; the address of the location or locations at which group residential housing is provided under this agreement; the per diem and monthly rates that are to be paid from group residential housing funds for each eligible resident at each location; the number of beds at each location which are subject to the group residential housing agreement; whether the license holder is a not-for-profit corporation under section 501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject to the provisions of sections 256I.01 to 256I.06 and subject to any changes to those sections.
Subd. 2c. [CRISIS SHELTERS.] Secure crisis shelters for battered women and their children designated by the Minnesota department of corrections are not group residences under this chapter.
Subd. 3. [MORATORIUM ON THE DEVELOPMENT OF GROUP RESIDENTIAL
HOUSING BEDS.] (a) County agencies shall not enter into
agreements for new group residential housing beds with total
rates in excess of the MSA equivalent rate except: (1) for
group residential housing establishments meeting the requirements
of subdivision 2a, clause (2) with department approval;
(2) for group residential housing establishments licensed under
Minnesota Rules, parts 9525.0215 to 9525.0355, provided the
facility is needed to meet the census reduction targets for
persons with mental retardation or related conditions at regional
treatment centers; (3) to ensure compliance with the federal
Omnibus Budget Reconciliation Act alternative disposition plan
requirements for inappropriately placed persons with mental
retardation or related conditions or mental illness; or
(4) up to 80 beds in a single, specialized facility located in
Hennepin county that will provide housing for chronic inebriates
who are repetitive users of detoxification centers and are
refused placement in emergency shelters because of their state of
intoxication. Planning for the specialized facility must have
been initiated before July 1, 1991, in anticipation of receiving
a grant from the housing finance agency under section 462A.05,
subdivision 20a, paragraph (b).; or (5) notwithstanding
the provisions of subdivision 2a, for up to 180 supportive
housing units in Anoka, Dakota, Hennepin, or Ramsey county for
homeless adults with a mental illness, a history of substance
abuse, or human immunodeficiency virus or acquired
immunodeficiency syndrome. For purposes of this section,
"homeless adult" means a person who is living on the street or in
a shelter or is evicted from a dwelling unit or discharged from a
regional treatment center, community hospital, or residential
treatment program and has no appropriate housing available and
lacks the resources and support necessary to access appropriate
housing. At least 70 percent of the supportive housing units
must serve homeless adults with mental illness, substance abuse
problems, or human immunodeficiency virus or acquired
immunodeficiency syndrome who are about to be discharged from a
regional treatment center, or a state-contracted psychiatric bed
in a community hospital, or a residential mental health or
chemical dependency treatment program. If a person meets the
requirements of subdivision 1, paragraph (a), the group
residential housing rate for that person is limited to the
supplementary rate under section 256I.05, subdivision 1a, and is
determined by subtracting the amount of the person's countable
income that exceeds the MSA equivalent rate from the group
residential housing supplementary rate. Service funding under
section 256I.05, subdivision 1a, must end June 30, 1997.
Effective July 1, 1997, services to persons in these settings
must be provided through a managed care entity. This provision
is subject to the availability of matching federal funds.
(b) A county agency may enter into a group residential housing agreement for beds with rates in excess of the MSA equivalent rate in addition to those currently covered under a group residential housing agreement if the additional beds are only a replacement of beds with rates in excess of the MSA equivalent rate which have been made available due to closure of a setting, a change of licensure or certification which removes the beds from group residential housing payment, or as a result of the downsizing of a group residential housing setting. The transfer of available beds from one county to another can only occur by the agreement of both counties.
(c) Group residential housing beds which become available as
a result of downsizing settings which have a license issued under
Minnesota Rules, parts 9520.0500 to 9520.0690, must be
permanently removed from the group residential housing census and
not replaced.
Sec. 31. Minnesota Statutes 1994, section 256I.05, subdivision 1, is amended to read:
Subdivision 1. [MAXIMUM RATES.] (a) Monthly room and
board rates negotiated by a county agency for a recipient living
in group residential housing must not exceed the MSA equivalent
rate specified under section 256I.03, subdivision 5, with the
exception that a county agency may negotiate a room and board
rate that exceeds the MSA equivalent rate by up to $426.37 for
recipients of waiver services under title XIX of the Social
Security Act. This exception is subject to the following
conditions:
(1) that the Secretary of Health and Human Services has not approved a state request to include room and board costs which exceed the MSA equivalent rate in an individual's set of waiver services under title XIX of the Social Security Act; or
(2) that the Secretary of Health and Human Services has
approved the inclusion of room and board costs which exceed the
MSA equivalent rate, but in an amount that is insufficient to
cover costs which are included in a group residential housing
agreement in effect on June 30, 1994,; and
(3) the amount of the rate that is above the MSA equivalent rate has been approved by the commissioner. The county agency may at any time negotiate a lower room and board rate than the rate that would otherwise be paid under this subdivision.
(b) The maximum monthly rate for an establishment that
enters into an initial group residential housing agreement with a
county agency on or after June 1, 1989, may not exceed 90 percent
of the maximum rate established under this subdivision. This is
effective until June 30, 1994.
Sec. 32. Minnesota Statutes 1994, section 256I.05, subdivision 1a, is amended to read:
Subd. 1a. [SUPPLEMENTARY RATES.] In addition to the room and
board rate specified in subdivision 1, the county agency may
negotiate a payment not to exceed $426.37 for other services
necessary to provide room and board provided by the group
residence if the residence is licensed by or registered by the
department of health, or licensed by the department of human
services to provide services in addition to room and board, and
if the recipient provider of services is not also
concurrently receiving funding for services for a
recipient under a home and community-based waiver under title
XIX of the Social Security Act or residing in a setting which
receives funding under Minnesota Rules, parts 9535.2000 to
9535.3000. If funding is available for other necessary
services through a home and community-based waiver, then the GRH
rate is limited to the rate set in subdivision 1. The
registration and licensure requirement does not apply to
establishments which are exempt from state licensure because they
are located on Indian reservations and for which the tribe has
prescribed health and safety requirements. Service payments
under this section may be prohibited under rules to prevent the
supplanting of federal funds with state funds. The commissioner
shall pursue the feasibility of obtaining the approval of the
Secretary of Health and Human Services to provide home and
community-based waiver services under title XIX of the Social
Security Act for residents who are not eligible for an existing
home and community-based waiver due to a primary diagnosis of
mental illness or chemical dependency and shall apply for a
waiver if it is determined to be cost-effective.
Sec. 33. Minnesota Statutes 1994, section 256I.05, subdivision 5, is amended to read:
Subd. 5. [ADULT FOSTER CARE RATES.] The commissioner shall
annually establish statewide maintenance and difficulty of care
rates limits for adults in foster care. The
commissioner shall adopt rules to implement statewide rates. In
adopting rules, the commissioner shall consider existing
maintenance and difficulty of care rates so that, to the extent
possible, an adult for whom a maintenance or difficulty of care
rate is established will not be adversely affected.
Sec. 34. Minnesota Statutes 1994, section 256I.06, subdivision 2, is amended to read:
Subd. 2. [TIME OF PAYMENT.] A county agency may make payments to a group residence in advance for an individual whose stay in the group residence is expected to last beyond the calendar month for which the payment is made and who does not expect to receive countable earned income during the month for which the payment is made. Group residential housing payments made by a county agency on behalf of an individual who is not expected to remain in the group residence beyond the month for which payment is made must be made subsequent to the individual's departure from the group residence. Group residential housing payments made by a county agency on behalf of an individual with countable earned income must be made subsequent to receipt of a monthly household report form.
Sec. 35. Minnesota Statutes 1994, section 256I.06, subdivision 6, is amended to read:
Subd. 6. [REPORTS.] Recipients must report changes in circumstances that affect eligibility or group residential housing payment amounts within ten days of the change. Recipients with countable earned income must complete a monthly household report form. If the report form is not received before the end of the month in which it is due, the county agency must terminate eligibility for group residential housing payments. The termination shall be effective on the first day of the month following the month in which the report was due. If a complete report is received within the month eligibility was terminated, the individual is considered to have continued an application for group residential housing payment effective the first day of the month the eligibility was terminated.
Sec. 36. Minnesota Statutes 1994, section 393.07, subdivision 10, is amended to read:
Subd. 10. [FEDERAL FOOD STAMP PROGRAM.] (a) The local social services agency shall establish and administer the food stamp program pursuant to rules of the commissioner of human services, the supervision of the commissioner as specified in section 256.01, and all federal laws and regulations. The commissioner of human services shall monitor food stamp program delivery on an ongoing basis to ensure that each county complies with federal laws and regulations. Program requirements to be monitored include, but are not limited to, number of applications, number of approvals, number of cases pending, length of time required to process each application and deliver benefits, number of applicants eligible for expedited issuance, length of time required to process and deliver expedited issuance, number of terminations and reasons for terminations, client profiles by age, household composition and income level and sources, and the use of phone certification and home visits. The commissioner shall determine the county-by-county and statewide participation rate.
(b) On July 1 of each year, the commissioner of human services shall determine a statewide and county-by-county food stamp program participation rate. The commissioner may designate a different agency to administer the food stamp program in a county if the agency administering the program fails to increase the food stamp program participation rate among families or eligible individuals, or comply with all federal laws and regulations governing the food stamp program. The commissioner shall review agency performance annually to determine compliance with this paragraph.
(c) A person who commits any of the following acts has violated section 256.98 or 609.821, or both, and is subject to both the criminal and civil penalties provided under those sections:
(1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation, or intentional concealment of a material fact, food stamps to which the person is not entitled or in an amount greater than that to which that person is entitled; or
(2) presents or causes to be presented, coupons for payment or redemption knowing them to have been received, transferred or used in a manner contrary to existing state or federal law;
(3) willfully uses, possesses, or transfers food stamp coupons or authorization to purchase cards in any manner contrary to existing state or federal law, rules, or regulations; or
(4) buys or sells food stamp coupons, authorization to purchase cards or other assistance transaction devices for cash or consideration other than eligible food.
(d) A peace officer or welfare fraud investigator may confiscate food stamps, authorization to purchase cards, or other assistance transaction devices found in the possession of any person who is neither a recipient of the food stamp program nor otherwise authorized to possess and use such materials. Confiscated property shall be disposed of as the commissioner may direct and consistent with state and federal food stamp law. The confiscated property must be retained for a period of not less than 30 days to allow any affected person to appeal the confiscation under section 256.045.
(e) Food stamp overpayment claims which are due in whole or in part to client error shall be established by the county agency for a period of six years from the date of any resultant overpayment.
(f) With regard to the federal tax revenue offset program only, recovery incentives authorized by the federal food and consumer service shall be retained at the rate of 50 percent by the state agency and 50 percent by the certifying county agency.
Sec. 37. [RAMSEY COUNTY ELECTRONIC BENEFIT SERVICE.]
Notwithstanding the requirements for state contracts contained in Minnesota Statutes, chapter 16B, or Laws 1993, First Special Session chapter 1, article 1, section 2, subdivision 5, or any other law to the contrary, the commissioner, under terms and conditions approved by the attorney general, may accept assignment from Ramsey county of any existing contract, license agreement, or similar transactional document related to the Ramsey county electronic benefit system. The term of any contract, agreement, or other document assigned to the state, including the agreement arising from the Ramsey county electronic benefit services pilot project, may not extend beyond June 30, 1997, and the commissioner must publish a request for proposals for succeeding electronic benefits services, including services required for statewide expansion in the State Register before January 1, 1996.
Sec. 38. Laws 1993, First Special Session chapter 1, article 8, section 30, subdivision 2, is amended to read:
Subd. 2. Sections 1 to 3, 8, 9, 13 to 17, 22, 23, and 26 to
29 are effective July 1, 1994, contingent upon federal
recognition that group residential housing payments qualify as
optional state supplement payments to the supplemental security
income program under title XVI of the Social Security Act and
confer categorical eligibility for medical assistance under the
state plan for medical assistance. The amendments and
repeals by Laws 1993, First Special Session chapter 1, article 8,
sections 1 to 3, 8, 9, 13 to 17, 22, 23, 26, and 29 are effective
July 1, 1994.
Sec. 39. [REPEALER.]
Minnesota Statutes 1994, sections 256.851; 256D.35, subdivisions 14 and 19; 256D.36, subdivision 1a; 256D.37; 256D.425, subdivision 3; 256D.435, subdivisions 2, 7, 8, 9, and 10; and 256D.44, subdivision 7, are repealed.
Sec. 40. [EFFECTIVE DATE.]
Subdivision 1. Sections 1 (256.12, subd. 14); 2 (256.73, subdivision 2); and 36 (393.07, subdivision 10) are effective July 1, 1995.
Subd. 2. The amendment to section 256I.04, subdivision 3, paragraph (a), clause (5), is effective January 1, 1997.
Section 1. Minnesota Statutes 1994, section 144.0721, is amended by adding a subdivision to read:
Subd. 3. [LEVEL OF CARE CRITERIA; MODIFICATIONS.] The commissioner shall seek appropriate federal waivers to implement this subdivision. Notwithstanding any laws or rules to the contrary, effective July 1, 1996, Minnesota's level of care criteria for admission of any person to a nursing facility licensed under chapter 144A, or a boarding care home licensed under sections 144.50 to 144.56, are modified as follows:
(1) the resident reimbursement classifications and terminology established by rule under sections 256B.41 to 256B.48 are the basis for applying the level of care criteria changes;
(2) an applicant to a certified nursing facility or certified boarding care home who is dependent in one or two case mix activities of daily living, is classified as a case mix A, and is independent in orientation and self-preservation, is reclassified as a high function class A person and is not eligible for admission to Minnesota certified nursing facilities or certified boarding care homes;
(3) applicants in clause (2) who are eligible for assistance as determined under sections 256B.055 and 256B.056 or meet eligibility criteria for section 256B.0913 are eligible for a service allowance under section 256B.0913, subdivision 15, and are not eligible for services under sections 256B.0913, subdivisions 1 to 14, and 256B.0915. Applicants in clause (2) shall have the option of receiving personal care assistant and home health aide services under section 256B.0625, if otherwise eligible, or of receiving the service allowance option, but not both. Applicants in clause (2) shall have the option of residing in community settings under sections 256I.01 to 256I.06, if otherwise eligible, or receiving the services allowance option under section 256B.0913, subdivision 15, but not both;
(4) residents of a certified nursing facility or certified boarding care home who were admitted before July 1, 1996, or individuals receiving services under section 256B.0913, subdivisions 1 to 14, or 256B.0915, before July 1, 1996, are not subject to the new level of care criteria unless the resident is discharged home or to another service setting other than a certified nursing facility or certified boarding care home and applies for admission to a certified nursing facility or certified boarding care home after June 30, 1996;
(5) the local screening teams under section 256B.0911 shall make preliminary determinations concerning the existence of extraordinary circumstances and may authorize an admission for a short-term stay at a certified nursing facility or certified boarding care home in accordance with a treatment and discharge plan for up to 30 days per year; and
(6) an individual deemed ineligible for admission to Minnesota certified nursing facilities is entitled to an appeal under section 256.045.
If the commissioner determines upon appeal that an applicant in clause (2) presents extraordinary circumstances including but not limited to the absence or inaccessibility of suitable alternatives, contravening family circumstances, and protective service issues, the applicant may be eligible for admission to Minnesota certified nursing facilities or certified boarding care homes.
Sec. 2. Minnesota Statutes 1994, section 144.0721, is amended by adding a subdivision to read:
Subd. 3a. [EXCEPTION.] Subdivision 3 does not apply to a facility whose rates are subject to section 256I.05, subdivision 2.
Sec. 3. Minnesota Statutes 1994, section 252.27, subdivision 1, is amended to read:
Subdivision 1. [COUNTY OF FINANCIAL RESPONSIBILITY.] Whenever any child who has mental retardation or a related condition, or a physical disability or emotional disturbance is in 24-hour care outside the home including respite care, in a facility licensed by the commissioner of human services, the cost of services shall be paid by the county of financial responsibility determined pursuant to chapter 256G. If the child's parents or guardians do not reside in this state, the cost shall be paid by the responsible governmental agency in the state from which the child came, by the parents or guardians of the child if they are financially able, or, if no other payment source is available, by the commissioner of human services.
Sec. 4. Minnesota Statutes 1994, section 252.27, subdivision 1a, is amended to read:
Subd. 1a. [DEFINITIONS.] A person has a "related
condition" if that person has is a condition
that is found to be closely related to mental retardation,
including, but not limited to, cerebral palsy, epilepsy, autism,
and Prader-Willi syndrome and that meets all of the following
criteria: (a) is severe, and chronic
disability that meets all of the following conditions: (a) is
attributable to cerebral palsy, epilepsy, autism, Prader-Willi
syndrome, or any other condition, other than mental illness as
defined under section 245.462, subdivision 20, or an emotional
disturbance, as defined under section 245.4871, subdivision 15,
found to be closely related to mental retardation because the
condition; and (b) results in impairment of general
intellectual functioning or adaptive behavior similar to that of
persons with mental retardation; and (c) requires
treatment or services similar to those required for persons with
mental retardation; (b) and (d) is manifested
before the person reaches 22 years of age; (c) and
(e) is likely to continue indefinitely; and (d)
(f) results in substantial functional limitations in three
or more of the following areas of major life activity: (1)
self-care, (2) understanding and use of language, (3) learning,
(4) mobility, (5) self-direction, (6) capacity for independent
living; and (g) is not attributable to mental illness as
defined in section 245.462, subdivision 20, or an emotional
disturbance as defined in section 245.4871, subdivision 15. For
purposes of clause (g), notwithstanding section 245.462,
subdivision 20, or 245.4871, subdivision 15, "mental illness"
does not include autism or other pervasive developmental
disorders.
Sec. 5. Minnesota Statutes 1994, 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 monthly to the cost of services, 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.
(b) The parental contribution shall be the greater of a
minimum monthly fee of $25 for households with adjusted gross
income of $30,000 and over, or an amount to be computed by
applying to the adjusted gross income of the natural or adoptive
parents that exceeds 200 150 percent of the federal
poverty guidelines for the applicable household size, the
following schedule of rates:
(1) on the amount of adjusted gross income over 200
150 percent of poverty, but not over $50,000, ten
percent;
(2) on the amount of adjusted gross income over 200
150 percent of poverty and over $50,000 but not over
$60,000, 12 percent;
(3) on the amount of adjusted gross income over 200
150 percent of poverty, and over $60,000 but not over
$75,000, 14 percent; and
(4) on all adjusted gross income amounts over 200
150 percent of poverty, and over $75,000, 15 percent.
If the child lives with the parent, the parental contribution is reduced by $200, except that the parent must pay the minimum monthly $25 fee under this paragraph. 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. Eligibility under this section must be determined annually. 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 under age 21, 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.
(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.
(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), except that a court-ordered child support payment actually paid on behalf of the child receiving services shall be deducted from the contribution of the parent making the payment.
(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.
Sec. 6. Minnesota Statutes 1994, section 252.27, is amended by adding a subdivision to read:
Subd. 5. [DETERMINATION; REDETERMINATION; NOTICE.] A determination order and notice of parental fee shall be mailed to the parent at least annually, or more frequently as provided in Minnesota Rules, parts 9550.6220 to 9550.6229. The determination order and notice shall contain the following information: (1) the amount the parent is required to contribute; (2) notice of the right to a redetermination and appeal; and (3) the telephone number of the division at the department of human services that is responsible for redeterminations.
Sec. 7. Minnesota Statutes 1994, section 252.27, is amended by adding a subdivision to read:
Subd. 6. [APPEALS.] A parent may appeal the determination or redetermination of an obligation to make a contribution under this section, according to section 256.045. The parent must make a request for a hearing in writing within 30 days of the date the determination or redetermination order is mailed, or within 90 days of such written notice if the parent shows good cause why the request was not submitted within the 30-day time limit. The commissioner must provide the parent with a written notice that acknowledges receipt of the request and notifies the
parent of the date of the hearing. While the appeal is pending, the parent has the rights regarding making payment that are provided in Minnesota Rules, part 9550.6235. If the commissioner's determination or redetermination is affirmed, the parent shall, within 90 calendar days after the date an order is issued under section 256.045, subdivision 5, pay the total amount due from the effective date of the notice of determination or redetermination that was appealed by the parent. If the commissioner's order under this subdivision results in a decrease in the parental fee amount, any payments made by the parent that result in an overpayment shall be credited to the parent as provided in Minnesota Rules, part 9550.6235, subpart 3.
Sec. 8. Minnesota Statutes 1994, section 256.015, subdivision 1, is amended to read:
Subdivision 1. [STATE AGENCY HAS LIEN.] When the state agency provides, pays for, or becomes liable for medical care or furnishes subsistence or other payments to a person, the agency has a lien for the cost of the care and payments on all causes of action that accrue to the person to whom the care or payments were furnished, or to the person's legal representatives, as a result of the occurrence that necessitated the medical care, subsistence, or other payments. For purposes of this section, "state agency" includes authorized agents of the state agency.
Sec. 9. Minnesota Statutes 1994, section 256.015, subdivision 2, is amended to read:
Subd. 2. [PERFECTION; ENFORCEMENT.] The state agency may perfect and enforce its lien under sections 514.69, 514.70, and 514.71, and must file the verified lien statement with the appropriate court administrator in the county of financial responsibility. The verified lien statement must contain the following: the name and address of the person to whom medical care, subsistence, or other payment was furnished; the date of injury; the name and address of vendors furnishing medical care; the dates of the service or payment; the amount claimed to be due for the care or payment; and to the best of the state agency's knowledge, the names and addresses of all persons, firms, or corporations claimed to be liable for damages arising from the injuries.
This section does not affect the priority of any attorney's lien. The state agency is not subject to any limitations period referred to in section 514.69 or 514.71 and has one year from the date notice is first received by it under subdivision 4, paragraph (c), even if the notice is untimely, or one year from the date medical bills are first paid by the state agency, whichever is later, to file its verified lien statement. The state agency may commence an action to enforce the lien within one year of (1) the date the notice required by subdivision 4, paragraph (c), is received, or (2) the date the person's cause of action is concluded by judgment, award, settlement, or otherwise, whichever is later.
Sec. 10. Minnesota Statutes 1994, section 256.015, subdivision 7, is amended to read:
Subd. 7. [COOPERATION REQUIRED.] Upon the request of the
department of human services, any state agency or third party
payer shall cooperate with the department in furnishing
information to help establish a third party liability. Upon
the request of the department of human services or county child
support or human service agencies, any employer or third party
payer shall cooperate in furnishing information about group
health insurance plans or medical benefit plans available to its
employees. The department of human services and county
agencies shall limit its use of information gained from
agencies and, third party payers, and
employers to purposes directly connected with the
administration of its public assistance and child support
programs. The provision of information by agencies
and, third party payers, and employers to
the department under this subdivision is not a violation of any
right of confidentiality or data privacy.
Sec. 11. Minnesota Statutes 1994, section 256.9353, subdivision 8, is amended to read:
Subd. 8. [LIEN.] When the state agency provides, pays for, or becomes liable for covered health services, the agency shall have a lien for the cost of the covered health services upon any and all causes of action accruing to the enrollee, or to the enrollee's legal representatives, as a result of the occurrence that necessitated the payment for the covered health services. All liens under this section shall be subject to the provisions of section 256.015. For purposes of this subdivision, "state agency" includes authorized agents of the state agency.
Sec. 12. Minnesota Statutes 1994, section 256.9365, is amended to read:
256.9365 [PURCHASE OF CONTINUATION COVERAGE FOR AIDS PATIENTS.]
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner of human services shall establish a program to pay private health plan premiums for persons who have contracted human immunodeficiency virus (HIV) to enable them to continue coverage under a group or individual health plan. If a person is determined to be eligible under
subdivision 2, the commissioner shall: (1) pay the eligible
person's group plan premium for the period of continuation
coverage provided in the Consolidated Omnibus Budget
Reconciliation Act of 1985; or (2) pay the eligible person's
individual plan premium for 24 months pay the portion of
the group plan premium for which the individual is responsible,
if the individual is responsible for at least 50 percent of the
cost of the premium, or pay the individual plan premium. The
commissioner shall not pay for that portion of a premium that is
attributable to other family members or dependents.
Subd. 2. [ELIGIBILITY REQUIREMENTS.] To be eligible for the program, an applicant must satisfy the following requirements:
(1) the applicant must provide a physician's statement verifying that the applicant is infected with HIV and is, or within three months is likely to become, too ill to work in the applicant's current employment because of HIV-related disease;
(2) the applicant's monthly gross family income must not exceed 300 percent of the federal poverty guidelines, after deducting medical expenses and insurance premiums;
(3) the applicant must not own assets with a combined value of more than $25,000; and
(4) if applying for payment of group plan premiums, the
applicant must be covered by an employer's or former employer's
group insurance plan and be eligible to purchase continuation
coverage; and
(5) if applying for payment of individual plan premiums, the
applicant must be covered by an individual health plan whose
coverage and premium costs satisfy additional requirements
established by the commissioner in rule.
Subd. 3. [RULES COST-EFFECTIVE COVERAGE.] The
commissioner shall establish rules as necessary to implement the
program. Special Requirements for the payment of individual
plan premiums under subdivision 2, clause (5), must be designed
to ensure that the state cost of paying an individual plan
premium over a two-year period does not exceed the
estimated state cost that would otherwise be incurred in the
medical assistance or general assistance medical care program.
The commissioner shall purchase the most cost-effective
coverage available for eligible individuals.
Sec. 13. Minnesota Statutes 1994, section 256.9685, subdivision 1b, is amended to read:
Subd. 1b. [APPEAL OF RECONSIDERATION.] Notwithstanding section
256B.72, the commissioner may recover inpatient hospital payments
for services that have been determined to be medically
unnecessary after the reconsideration and determinations. A
physician or hospital may appeal the result of the
reconsideration process by submitting a written request for
review to the commissioner within 30 days after receiving notice
of the action. The commissioner shall review the medical record
and information submitted during the reconsideration process and
the medical review agent's basis for the determination that the
services were not medically necessary for inpatient hospital
services. The commissioner shall issue an order upholding or
reversing the decision of the reconsideration process based on
the review. A hospital or physician who is aggrieved by an
order of the commissioner may appeal the order to the district
court of the county in which the physician or hospital is located
by serving a written copy of the notice of appeal upon the
commissioner within 30 days after the date the commissioner
issued the order.
Sec. 14. Minnesota Statutes 1994, section 256.9685, is amended by adding a subdivision to read:
Subd. 1c. [JUDICIAL REVIEW.] A hospital or physician aggrieved by an order of the commissioner under subdivision 1b may appeal the order to the district court of the county in which the physician or hospital is located by:
(1) serving a written copy of a notice of appeal upon the commissioner within 30 days after the date the commissioner issued the order; and
(2) filing the original notice of appeal and proof of service with the court administrator of the district court. The appeal shall be treated as a dispositive motion under the Minnesota General Rules of Practice, rule 115. The district court scope of review shall be as set forth in section 14.69.
Sec. 15. Minnesota Statutes 1994, section 256.9685, is amended by adding a subdivision to read:
Subd. 1d. [TRANSMITTAL OF RECORD.] Within 30 days after being served with the notice of appeal, the commissioner shall transmit to the district court the original or certified copy of the entire record considered by the commissioner in making the final agency decision. The district court shall not consider evidence that was not included in the record before the commissioner.
Sec. 16. Minnesota Statutes 1994, section 256.969, subdivision 1, is amended to read:
Subdivision 1. [HOSPITAL COST INDEX.] (a) The hospital cost
index shall be obtained from an independent source and shall
represent a weighted average of historical, as limited to
statutory maximums, and projected cost change estimates
determined for expense categories to include wages and salaries,
employee benefits, medical and professional fees, raw food,
utilities, insurance including malpractice insurance, and other
applicable expenses as determined by the commissioner. The index
shall reflect Minnesota cost category weights. Individual
indices shall be specific to Minnesota if the commissioner
determines that sufficient accuracy of the hospital cost index is
achieved. the change in the Consumer Price Index-All Items
(United States city average) (CPI-U) forecasted by Data
Resources, Inc. The commissioner shall use the indices as
forecasted in the third quarter of the calendar year prior to the
rate year. The hospital cost index may be used to adjust the
base year operating payment rate through the rate year on an
annually compounded basis. Notwithstanding section 256.9695,
subdivision 3, paragraph (c), the hospital cost index shall not
be effective under the general assistance medical care program
and shall be limited to five percent under the medical assistance
program for admissions occurring during the biennium ending June
30, 1995.
(b) For fiscal years beginning on or after July 1, 1993, the commissioner of human services shall not provide automatic annual inflation adjustments for hospital payment rates under medical assistance, nor under general assistance medical care, except that the inflation adjustments under paragraph (a) for medical assistance, excluding general assistance medical care, shall apply for the biennium ending June 30, 1997. The commissioner of finance shall include as a budget change request in each biennial detailed expenditure budget submitted to the legislature under section 16A.11 annual adjustments in hospital payment rates under medical assistance and general assistance medical care, based upon the hospital cost index.
Sec. 17. Minnesota Statutes 1994, section 256.969, is amended by adding a subdivision to read:
Subd. 8a. [UNUSUAL SHORT LENGTH OF STAY.] Except as provided in subdivision 13, for admissions occurring on or after July 1, 1995, payment shall be determined as follows and shall be included in the base year for rate setting purposes.
(1) For an admission that is categorized to a neonatal diagnostic related group in which the length of stay is less than 50 percent of the average length of stay for the category in the base year and the patient at admission is equal to or greater than the age of one, payments shall be established according to the methods of subdivision 14.
(2) For an admission that is categorized to a diagnostic category that includes neonatal respiratory distress syndrome, the hospital must have a level II or level III nursery and the patient must receive treatment in that unit or payment will be made without regard to the syndrome condition.
Sec. 18. Minnesota Statutes 1994, section 256.969, subdivision 9, is amended to read:
Subd. 9. [DISPROPORTIONATE NUMBERS OF LOW-INCOME PATIENTS SERVED.] (a) For admissions occurring on or after October 1, 1992, through December 31, 1992, the medical assistance disproportionate population adjustment shall comply with federal law and shall be paid to a hospital, excluding regional treatment centers and facilities of the federal Indian Health Service, with a medical assistance inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined as follows:
(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service but less than or equal to one standard deviation above the mean, the adjustment must be determined by multiplying the total of the operating and property payment rates by the difference between the hospital's actual medical assistance inpatient utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service; and
(2) for a hospital with a medical assistance inpatient utilization rate above one standard deviation above the mean, the adjustment must be determined by multiplying the adjustment that would be determined under clause (1) for that hospital by 1.1. If federal matching funds are not available for all adjustments under this subdivision, the commissioner shall reduce payments on a pro rata basis so that all adjustments qualify for federal match. The commissioner may establish a separate disproportionate population operating payment rate adjustment under the general assistance medical care program. For purposes of this subdivision medical assistance does not include general assistance medical care. The commissioner shall report annually on the number of hospitals likely to receive the adjustment authorized by this paragraph. The commissioner shall specifically report on the adjustments received by public hospitals and public hospital corporations located in cities of the first class.
(b) For admissions occurring on or after July 1, 1993, the medical assistance disproportionate population adjustment shall comply with federal law and shall be paid to a hospital, excluding regional treatment centers and facilities of the federal Indian Health Service, with a medical assistance inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined as follows:
(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service but less than or equal to one standard deviation above the mean, the adjustment must be determined by multiplying the total of the operating and property payment rates by the difference between the hospital's actual medical assistance inpatient utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service;
(2) for a hospital with a medical assistance inpatient utilization rate above one standard deviation above the mean, the adjustment must be determined by multiplying the adjustment that would be determined under clause (1) for that hospital by 1.1. The commissioner may establish a separate disproportionate population operating payment rate adjustment under the general assistance medical care program. For purposes of this subdivision, medical assistance does not include general assistance medical care. The commissioner shall report annually on the number of hospitals likely to receive the adjustment authorized by this paragraph. The commissioner shall specifically report on the adjustments received by public hospitals and public hospital corporations located in cities of the first class; and
(3) for a hospital that (i) had medical assistance
fee-for-service payment volume during calendar year 1991 in
excess of 13 percent of total medical assistance fee-for-service
payment volume; or (ii), a medical assistance
disproportionate population adjustment shall be paid in addition
to any other disproportionate payment due under this subdivision
as follows: $1,515,000 due on the 15th of each month after noon,
beginning July 15, 1995. For a hospital that had medical
assistance fee-for-service payment volume during calendar year
1991 in excess of eight percent of total medical assistance
fee-for-service payment volume and is affiliated with the
University of Minnesota, a medical assistance disproportionate
population adjustment shall be paid in addition to any other
disproportionate payment due under this subdivision as follows:
$1,010,000 $505,000 due on the 15th of each month
after noon, beginning July 15, 1993 1995.
(c) The commissioner shall adjust rates paid to a health maintenance organization under contract with the commissioner to reflect rate increases provided in paragraph (b), clauses (1) and (2), on a nondiscounted hospital-specific basis but shall not adjust those rates to reflect payments provided in clause (3).
(d) If federal matching funds are not available for all adjustments under paragraph (b), the commissioner shall reduce payments under paragraph (b), clauses (1) and (2), on a pro rata basis so that all adjustments under paragraph (b) qualify for federal match.
(e) For purposes of this subdivision, medical assistance does not include general assistance medical care.
Sec. 19. Minnesota Statutes 1994, section 256.969, subdivision 10, is amended to read:
Subd. 10. [SEPARATE BILLING BY CERTIFIED REGISTERED NURSE
ANESTHETISTS.] Hospitals may exclude certified registered nurse
anesthetist costs from the operating payment rate as allowed by
section 256B.0625, subdivision 11. To be eligible, a hospital
must notify the commissioner in writing by October 1 of the year
preceding the rate year of the request to exclude certified
registered nurse anesthetist costs. The hospital must agree that
all hospital claims for the cost and charges of certified
registered nurse anesthetist services will not be included as
part of the rates for inpatient services provided during the rate
year. In this case, the operating payment rate shall be adjusted
to exclude the cost of certified registered nurse anesthetist
services. Payments made through separate claims for certified
registered nurse anesthetist services shall not be paid directly
through the hospital provider number or indirectly by the
certified registered nurse anesthetist to the hospital or related
organizations.
For admissions occurring on or after July 1, 1991, and until the expiration date of section 256.9695, subdivision 3, services of certified registered nurse anesthetists provided on an inpatient basis may be paid as allowed by section 256B.0625, subdivision 11, when the hospital's base year did not include the cost of these services. To be eligible, a hospital must notify the commissioner in writing by July 1, 1991, of the request and must comply with all other requirements of this subdivision.
Sec. 20. Minnesota Statutes 1994, section 256.969, subdivision 16, is amended to read:
Subd. 16. [INDIAN HEALTH SERVICE FACILITIES.] Indian health
service facilities are exempt from the rate establishment methods
required by this section and shall be reimbursed at charges as
limited to the amount allowed under federal law. This
exemption is not effective for payments under general assistance
medical care.
Sec. 21. Minnesota Statutes 1994, section 256.969, is amended by adding a subdivision to read:
Subd. 25. For admissions occurring on or after April 1, 1995, a long-term hospital as designated by Medicare that does not have admissions in the base year shall have inpatient rates established at the average of other hospitals with the same designation. For subsequent rate-setting periods in which base years are updated, the hospital's base year shall be the first Medicare cost report filed with the long-term hospital designation and shall remain in effect until it falls within the same period as other hospitals.
Sec. 22. Minnesota Statutes 1994, section 256B.042, subdivision 2, is amended to read:
Subd. 2. [LIEN ENFORCEMENT.] The state agency may perfect and enforce its lien by following the procedures set forth in sections 514.69, 514.70 and 514.71, and its verified lien statement shall be filed with the appropriate court administrator in the county of financial responsibility. The verified lien statement shall contain the following: the name and address of the person to whom medical care was furnished, the date of injury, the name and address of the vendor or vendors furnishing medical care, the dates of the service, the amount claimed to be due for the care, and, to the best of the state agency's knowledge, the names and addresses of all persons, firms, or corporations claimed to be liable for damages arising from the injuries. This section shall not affect the priority of any attorney's lien. The state agency is not subject to any limitations period referred to in section 514.69 or 514.71 and has one year from the date notice is first received by it under subdivision 4, paragraph (c), even if the notice is untimely, or one year from the date medical bills are first paid by the state agency, whichever is later, to file its verified lien statement. The state agency may commence an action to enforce the lien within one year of (1) the date the notice required by subdivision 4, paragraph (c), is received or (2) the date the recipient's cause of action is concluded by judgment, award, settlement, or otherwise, whichever is later. For purposes of this section, "state agency" includes authorized agents of the state agency.
Sec. 23. Minnesota Statutes 1994, section 256B.055, subdivision 12, is amended to read:
Subd. 12. [DISABLED CHILDREN.] (a) A person is eligible for
medical assistance if the person is under age 19 and qualifies as
a disabled individual under United States Code, title 42, section
1382c(a), and would be eligible for medical assistance under the
state plan if residing in a medical institution, and who
the child requires a level of care provided in a hospital,
skilled nursing facility, intermediate care
facility, or intermediate care facility for persons with
mental retardation or related conditions, for whom home care is
appropriate, provided that the cost to medical assistance for
home care services under this section is not more than
the amount that medical assistance would pay for appropriate
institutional care if the child resides in an
institution.
(b) For purposes of this subdivision, "hospital" means an acute
care institution as defined in section 144.696, subdivision 3,
licensed pursuant to sections 144.50 to 144.58, which is
appropriate if a person is technology dependent or has a chronic
health condition which requires frequent intervention by a health
care professional to avoid death. For purposes of this
subdivision, a child requires a level of care provided in a
hospital if the child is determined by the commissioner to have a
severe medical condition and extreme needs in either medical or
psychiatric parameters. This level of care requires that the
child's complex medical needs are ongoing, not episodic, the
child's condition is unstable, and the daily care needs are more
complex than the nursing facility level of care.
A child with serious and emotional disturbance, who requires a level of care provided in an inpatient hospital, is eligible under this section if the commissioner determines that the individual requires 24-hour supervision because the person exhibits recurrent or frequent suicidal or homicidal ideation or behavior, recurrent or frequent psychosomatic disorders or somatopsychic disorders that may become life threatening, recurrent or frequent severe socially unacceptable behavior associated with psychiatric disorder, ongoing and chronic psychosis or severe, ongoing and chronic developmental problems requiring continuous skilled observation, or severe disabling symptoms for which office-centered outpatient treatment is not adequate, and which overall severely impact the individual's ability to function.
(c) For purposes of this subdivision, "skilled nursing
facility" and "intermediate care facility" means a
facility which provides nursing care as defined in section
144A.01, subdivision 5, licensed pursuant to sections 144A.02 to
144A.10, which is appropriate if a person is in active
restorative treatment; is in need of special treatments provided
or
supervised by a licensed nurse; or has unpredictable episodes of active disease processes requiring immediate judgment by a licensed nurse. For purposes of this subdivision, a child requires the level of care provided in a nursing facility if the child is determined by the commissioner to have a long-term illness or disability of varying stability which requires either skilled nursing care, rehabilitative services, or basic nursing interventions on a daily basis. This level of care requires that daily, direct, comprehensive interventions are necessary to maintain a stable health status and that the complex chronicity and severity of the disability places the child at risk for changes in condition, and significantly diminishes the child's overall ability to function.
(d) For purposes of this subdivision, "intermediate care
facility for the mentally retarded persons with mental
retardation or related conditions" or "ICF/MR" means a
program licensed to provide services to persons with mental
retardation under section 252.28, and chapter 245A, and a
physical plant licensed as a supervised living facility under
chapter 144, which together are certified by the Minnesota
department of health as meeting the standards in Code of Federal
Regulations, title 42, part 483, for an intermediate care
facility which provides services for persons with mental
retardation or persons with related conditions who require
24-hour supervision and active treatment for medical, behavioral,
or habilitation needs. For purposes of this subdivision, a
child requires a level of care provided in an ICF/MR if the
commissioner finds that the child has mental retardation or a
related condition in accordance with section 256B.092, is in need
of a 24-hour plan of care and active treatment similar to persons
with mental retardation, and there is a reasonable indication
that the child will need ICF/MR services.
(e) For purposes of this subdivision, a person "requires a
level of care provided in a hospital, skilled nursing facility,
intermediate care facility, or intermediate care facility for
persons with mental retardation or related conditions" if the
person requires 24-hour supervision because the person exhibits
suicidal or homicidal ideation or behavior, psychosomatic
disorders or somatopsychic disorders that may become life
threatening, severe socially unacceptable behavior associated
with psychiatric disorder, psychosis or severe developmental
problems requiring continuous skilled observation, or disabling
symptoms that do not respond to office-centered outpatient
treatment. The determination of the level of care needed by
the child shall be made by the commissioner based on information
supplied to the commissioner by the case manager if the child
has one, the parent or guardian, the child's physician or
physicians or, if available, the screening information
obtained under section 256B.092, and any other information
determined necessary by the commissioner. The commissioner shall
establish a screening team to conduct the level of care
determinations according to this subdivision.
(f) If a child meets the conditions in paragraph (b), (c), or (d), the commissioner must assess the case to determine whether:
(1) the child qualifies as a disabled individual under United States Code, title 42, section 1382c(a) and would be eligible for medical assistance if residing in a medical institution; and
(2) the cost of medical assistance services for the child, if eligible under this subdivision, would not be more than the cost to medical assistance if the child resides in a medical institution to be determined as follows:
(i) for a child who requires a level of care provided in an ICF/MR, the cost of care for the child in an institution shall be determined using the average payment rate established for the regional treatment centers that are certified as ICFs/MR;
(ii) for a child who requires a level of care provided in an inpatient hospital setting according to paragraph (b), cost-effectiveness shall be determined according to Minnesota Rules, parts 9505.3500 to 9505.3700; and
(iii) for a child who requires a level of care provided in a nursing facility according to paragraph (c), cost-effectiveness shall be determined according to Minnesota Rules, parts 9505.3010 to 9505.3140.
(g) Children eligible for medical assistance services under section 256B.055, subdivision 12, as of June 30, 1995, must be screened according to the criteria in this subdivision prior to January 1, 1996. Children found to be ineligible may not be removed from the program until January 1, 1996.
Sec. 24. Minnesota Statutes 1994, section 256B.056, is amended by adding a subdivision to read:
Subd. 3b. [TREATMENT OF TRUSTS.] (a) A "medical assistance qualifying trust" is a revocable or irrevocable trust, or similar legal device, established on or before August 10, 1993, by a person or the person's spouse under the terms of which the person receives or could receive payments from the trust principal or income and the trustee has discretion in making payments to the person from the trust principal or income. Notwithstanding that definition, a
medical assistance qualifying trust does not include: (1) a trust set up by will; (2) a trust set up before April 7, 1986, solely to benefit a person with mental retardation living in an intermediate care facility for persons with mental retardation; or (3) a trust set up by a person with payments made by the Social Security Administration pursuant to the United States Supreme Court decision in Sullivan v. Zebley, 110 S. Ct. 885 (1990). The maximum amount of payments that a trustee of a medical assistance qualifying trust may make to a person under the terms of the trust is considered to be available assets to the person, without regard to whether the trustee actually makes the maximum payments to the person and without regard to the purpose for which the medical assistance qualifying trust was established.
(b) Trusts established after August 10, 1993, are treated according to section 13611(b) of the Omnibus Budget Reconciliation Act of 1993 (OBRA), Public Law Number 103-66.
Sec. 25. Minnesota Statutes 1994, section 256B.056, subdivision 4, is amended to read:
Subd. 4. [INCOME.] To be eligible for medical assistance, a person must not have, or anticipate receiving, semiannual income in excess of 120 percent of the income standards by family size used in the aid to families with dependent children program, except that families and children may have an income up to 133-1/3 percent of the AFDC income standard. In computing income to determine eligibility of persons who are not residents of long-term care facilities, the commissioner shall disregard increases in income as required by Public Law Numbers 94-566, section 503; 99-272; and 99-509. Veterans aid and attendance benefits are considered income to the recipient.
Sec. 26. Minnesota Statutes 1994, section 256B.0575, is amended to read:
256B.0575 [AVAILABILITY OF INCOME FOR INSTITUTIONALIZED PERSONS.]
When an institutionalized person is determined eligible for medical assistance, the income that exceeds the deductions in paragraphs (a) and (b) must be applied to the cost of institutional care.
(a) The following amounts must be deducted from the institutionalized person's income in the following order:
(1) the personal needs allowance under section 256B.35 or, for a veteran who does not have a spouse or child, or a surviving spouse of a veteran having no child, the amount of an improved pension received from the veteran's administration not exceeding $90 per month;
(2) the personal allowance for disabled individuals under section 256B.36;
(3) if the institutionalized person has a legally appointed guardian or conservator, five percent of the recipient's gross monthly income up to $100 as reimbursement for guardianship or conservatorship services;
(4) a monthly income allowance determined under section 256B.058, subdivision 2, but only to the extent income of the institutionalized spouse is made available to the community spouse;
(5) a monthly allowance for children under age 18 which, together with the net income of the children, would provide income equal to the medical assistance standard for families and children according to section 256B.056, subdivision 4, for a family size that includes only the minor children. This deduction applies only if the children do not live with the community spouse and only if the children resided with the institutionalized person immediately prior to admission;
(6) a monthly family allowance for other family members, equal to one-third of the difference between 122 percent of the federal poverty guidelines and the monthly income for that family member;
(7) reparations payments made by the Federal Republic of Germany and reparations payments made by the Netherlands for victims of Nazi persecution between 1940 and 1945; and
(8) amounts for reasonable expenses incurred for necessary medical or remedial care for the institutionalized spouse that are not medical assistance covered expenses and that are not subject to payment by a third party.
For purposes of clause (6), "other family member" means a person who resides with the community spouse and who is a minor or dependent child, dependent parent, or dependent sibling of either spouse. "Dependent" means a person who could be claimed as a dependent for federal income tax purposes under the Internal Revenue Code.
(b) Income shall be allocated to an institutionalized person for a period of up to three calendar months, in an amount equal to the medical assistance standard for a family size of one if:
(1) a physician certifies that the person is expected to reside in the long-term care facility for three calendar months or less;
(2) if the person has expenses of maintaining a residence in the community; and
(3) if one of the following circumstances apply:
(i) the person was not living together with a spouse or a family member as defined in paragraph (a) when the person entered a long-term care facility; or
(ii) the person and the person's spouse become institutionalized on the same date, in which case the allocation shall be applied to the income of one of the spouses.
For purposes of this paragraph, a person is determined to be residing in a licensed nursing home, regional treatment center, or medical institution if the person is expected to remain for a period of one full calendar month or more.
Sec. 27. Minnesota Statutes 1994, section 256B.059, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Community spouse" means the spouse of an institutionalized
person spouse.
(c) "Spousal share" means one-half of the total value of all assets, to the extent that either the institutionalized spouse or the community spouse had an ownership interest at the time of institutionalization.
(d) "Assets otherwise available to the community spouse" means assets individually or jointly owned by the community spouse, other than assets excluded by subdivision 5, paragraph (c).
(e) "Community spouse asset allowance" is the value of assets that can be transferred under subdivision 3.
(f) "Institutionalized spouse" means a person who is:
(1) in a hospital, nursing facility, or intermediate care facility for persons with mental retardation, or receiving home and community-based services under section 256B.0915 or 256B.49, and is expected to remain in the facility or institution or receive the home and community-based services for at least 30 consecutive days; and
(2) married to a person who is not in a hospital, nursing facility, or intermediate care facility for persons with mental retardation, and is not receiving home and community-based services under section 256B.0915 or 256B.49.
Sec. 28. Minnesota Statutes 1994, section 256B.059, subdivision 3, is amended to read:
Subd. 3. [COMMUNITY SPOUSE ASSET ALLOWANCE.] An institutionalized spouse may transfer assets to the community spouse solely for the benefit of the community spouse. Except for increased amounts allowable under subdivision 4, the maximum amount of assets allowed to be transferred is the amount which, when added to the assets otherwise available to the community spouse, is as follows:
(1) prior to July 1, 1994, the greater of:
(i) $14,148;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the community spouse; and
(2) for persons who begin whose date of initial
determination of eligibility for medical assistance following
their first continuous period of institutionalization
occurs on or after July 1, 1994, the greater of:
(i) $20,000;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the community spouse.
If the assets available to the community spouse are already at the limit permissible under this section, or the higher limit attributable to increases under subdivision 4, no assets may be transferred from the institutionalized spouse to the community spouse. The transfer must be made as soon as practicable after the date the institutionalized spouse is determined eligible for medical assistance, or within the amount of time needed for any court order required for the transfer. On January 1, 1994, and every January 1 thereafter, the limits in this subdivision shall be adjusted by the same percentage change in the consumer price index for all urban consumers (all items; United States city average) between the two previous Septembers. These adjustments shall also be applied to the limits in subdivision 5.
Sec. 29. Minnesota Statutes 1994, section 256B.059, subdivision 5, is amended to read:
Subd. 5. [ASSET AVAILABILITY.] (a) At the time of
application initial determination of eligibility
for medical assistance benefits following the first continuous
period of institutionalization, assets considered available
to the institutionalized spouse shall be the total value of all
assets in which either spouse has an ownership interest, reduced
by the following:
(1) prior to July 1, 1994, the greater of:
(i) $14,148;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the community spouse;
(2) for persons who begin whose date of initial
determination of eligibility for medical assistance following
their first continuous period of institutionalization
occurs on or after July 1, 1994, the greater of:
(i) $20,000;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the community spouse. If the community spouse asset allowance has been increased under subdivision 4, then the assets considered available to the institutionalized spouse under this subdivision shall be further reduced by the value of additional amounts allowed under subdivision 4.
(b) An institutionalized spouse may be found eligible for medical assistance even though assets in excess of the allowable amount are found to be available under paragraph (a) if the assets are owned jointly or individually by the community spouse, and the institutionalized spouse cannot use those assets to pay for the cost of care without the consent of the community spouse, and if: (i) the institutionalized spouse assigns to the commissioner the right to support from the community spouse under section 256B.14, subdivision 3; (ii) the institutionalized spouse lacks the ability to execute an assignment due to a physical or mental impairment; or (iii) the denial of eligibility would cause an imminent threat to the institutionalized spouse's health and well-being.
(c) After the month in which the institutionalized spouse is
determined eligible for medical assistance, during the continuous
period of institutionalization, no assets of the community spouse
are considered available to the institutionalized spouse, unless
the institutionalized spouse has been found eligible under
clause paragraph (b).
(d) Assets determined to be available to the institutionalized spouse under this section must be used for the health care or personal needs of the institutionalized spouse.
(e) For purposes of this section, assets do not include assets
excluded under section 256B.056, without regard to the
limitations on total value in that section the
supplemental security income program.
Sec. 30. Minnesota Statutes 1994, section 256B.0595, subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED TRANSFERS.] (a) For transfers of
assets made on or before August 10, 1993, if a person or the
person's spouse has given away, sold, or disposed of, for less
than fair market value, any asset or interest therein, except
assets other than the homestead that are excluded under
section 256B.056, subdivision 3 the supplemental
security program, within 30 months before or any time after
the date of institutionalization if the person has been
determined eligible for medical assistance, or within 30 months
before or any time after the date of the first approved
application for medical assistance if the person has not yet been
determined eligible for medical assistance, the person is
ineligible for long-term care services for the period of time
determined under subdivision 2.
(b) Effective for transfers made on or after July 1,
1993, or upon federal approval, whichever is later August
10, 1993, (1) a person, a person's spouse, or a
person's authorized representative any person, court, or
administrative body with legal authority to act in place of, on
behalf of, at the direction of, or upon the request of the person
or person's spouse, (2) may not give away, sell, or dispose
of, for less than fair market value, any asset or interest
therein, except assets other than the homestead that are
excluded under the supplemental security income program, for
the purpose of establishing or maintaining medical assistance
eligibility. For purposes of determining eligibility for
medical assistance long-term care services, any
transfer of an asset such assets within 60
36 months preceding application before or any
time after an institutionalized person applies for medical
assistance or during the period of medical assistance
eligibility, including assets excluded under section 256B.056,
subdivision 3, or 36 months before or any time after a
medical assistance recipient becomes institutionalized, for
less than fair market value may be considered. Any such
transfer for less than fair market value made within 60 months
preceding application for medical assistance or during the period
of medical assistance eligibility is presumed to have been
made for the purpose of establishing or maintaining medical
assistance eligibility and the person is ineligible for
medical assistance long-term care services for the
period of time determined under subdivision 2, unless the person
furnishes convincing evidence to establish that the transaction
was exclusively for another purpose, or unless the transfer is
permitted under subdivisions subdivision 3 or 4.
Notwithstanding the provisions of this paragraph, in the case
of payments from a trust or portions of a trust that are
considered transfers of assets under federal law, any transfers
made within 60 months before or any time after an
institutionalized person applies for medical assistance and
within 60 months before or any time after a medical assistance
recipient becomes institutionalized, may be considered.
(c) This section applies to transfers, for less than fair market value, of income or assets, including assets that are considered income in the month received, such as inheritances, court settlements, and retroactive benefit payments or income to which the person or the person's spouse is entitled but does not receive due to action by the person, the person's spouse, or any person, court, or administrative body with legal authority to act in place of, on behalf of, at the direction of, or upon the request of the person or the person's spouse.
(d) This section applies to payments for care or personal services provided by a relative, unless the compensation was stipulated in a notarized, written agreement which was in existence when the service was performed, the care or services directly benefited the person, and the payments made represented reasonable compensation for the care or services provided. A notarized written agreement is not required if payment for the services was made within 60 days after the service was provided.
(e) This section applies to the portion of any asset or
interest that a person or, a person's spouse
transfers, or any person, court, or administrative body
with legal authority to act in place of, on behalf of, at the
direction of, or upon the request of the person or the person's
spouse, to an irrevocable any trust, annuity,
or other instrument, that exceeds the value of the benefit likely
to be returned to the person or spouse while alive, based on
estimated life expectancy using the life expectancy tables
employed by the supplemental security income program to determine
the value of an agreement for services for life. The
commissioner may adopt rules reducing life expectancies based on
the need for long-term care.
(f) For purposes of this section, long-term care services
include services in a nursing facility, services
that are eligible for payment according to section 256B.0625,
subdivision 2, because they are provided in a swing bed,
intermediate care facility for persons with mental
retardation, and home and community-based services provided
pursuant to section 256B.491 sections 256B.0915,
256B.092, and 256B.49. For purposes of this subdivision and
subdivisions 2, 3, and 4, "institutionalized person" includes a
person who is an inpatient in a nursing facility, or in
a swing bed, or intermediate care facility for persons with
mental retardation or who is receiving home and
community-based services under section 256B.491
sections 256B.0915, 256B.092, and 256B.49.
Sec. 31. Minnesota Statutes 1994, section 256B.0595, subdivision 2, is amended to read:
Subd. 2. [PERIOD OF INELIGIBILITY.] (a) For any uncompensated transfer occurring on or before August 10, 1993, the number of months of ineligibility for long-term care services shall be the lesser of 30 months, or the uncompensated transfer amount divided by the average medical assistance rate for nursing facility services in the state in effect on the date of application. The amount used to calculate the average medical assistance payment rate shall be adjusted each July 1 to reflect payment rates for the previous calendar year. The period of ineligibility begins with the month in which the assets were transferred. If the transfer was not reported to the local agency at the time of application, and the applicant received long-term care services during what would have been the period of ineligibility if the transfer had been reported, a cause of action exists against the transferee for the cost of long-term care services provided during the period of ineligibility, or for the uncompensated amount of the transfer, whichever is less. The action may be brought by the state or the local agency responsible for providing medical assistance under chapter 256G. The uncompensated transfer amount is the fair market value of the asset at the time it was given away, sold, or disposed of, less the amount of compensation received.
(b) For uncompensated transfers made on or after July
1, August 10, 1993, or upon federal approval,
whichever is later, the number of months of ineligibility,
including partial months, for medical assistance
long-term care services shall be the total uncompensated
value of the resources transferred divided by the average medical
assistance rate for nursing facility services in the state in
effect on the date of application. If a calculation of a
penalty period results in a partial month, payments for medical
assistance services will be reduced in an amount equal to the
fraction, except that in calculating the value of uncompensated
transfers, uncompensated transfers not to exceed $1,000 in total
value per month shall be disregarded for each month prior to the
month of application for medical assistance. The amount used
to calculate the average medical assistance payment rate shall be
adjusted each July 1 to reflect payment rates for the previous
calendar year. The period of ineligibility begins with the month
in which the assets were transferred except that if one or more
uncompensated transfers are made during a period of
ineligibility, the total assets transferred during the
ineligibility period shall be combined and a penalty period
calculated to begin in the month the first uncompensated transfer
was made. The penalty in this paragraph shall not apply to
uncompensated transfers of assets not to exceed a total of $1,000
per month during a medical assistance eligibility certification
period. If the transfer was not reported to the local agency
at the time of application, and the applicant received medical
assistance services during what would have been the period of
ineligibility if the transfer had been reported, a cause of
action exists against the transferee for the cost of medical
assistance services provided during the period of ineligibility,
or for the uncompensated amount of the transfer, whichever is
less. The action may be brought by the state or the local agency
responsible for providing medical assistance under chapter 256G.
The uncompensated transfer amount is the fair market value of the
asset at the time it was given away, sold, or disposed of, less
the amount of compensation received.
(c) If the total value of all uncompensated transfers made
in a month exceeds $1,000, the disregards allowed under paragraph
(b) do not apply. If a calculation of a penalty period
results in a partial month, payments for long-term care services
shall be reduced in an amount equal to the fraction, except that
in calculating the value of uncompensated transfers, if the total
value of all uncompensated transfers made in a month does not
exceed $1,000, then such transfers shall be disregarded for each
month prior to the month of application for or during receipt of
medical assistance.
Sec. 32. Minnesota Statutes 1994, section 256B.0595, subdivision 3, is amended to read:
Subd. 3. [HOMESTEAD EXCEPTION TO TRANSFER PROHIBITION.] (a) An institutionalized person is not ineligible for long-term care services due to a transfer of assets for less than fair market value if the asset transferred was a homestead and:
(1) title to the homestead was transferred to the individual's
(i) spouse;
(ii) child who is under age 21;
(iii) blind or permanently and totally disabled child as defined in the supplemental security income program;
(iv) sibling who has equity interest in the home and who was residing in the home for a period of at least one year immediately before the date of the individual's admission to the facility; or
(v) son or daughter who was residing in the individual's home for a period of at least two years immediately before the date of the individual's admission to the facility, and who provided care to the individual that permitted the individual to reside at home rather than in an institution or facility;
(2) a satisfactory showing is made that the individual intended to dispose of the homestead at fair market value or for other valuable consideration; or
(3) the local agency grants a waiver of the excess resources created by the uncompensated transfer because denial of eligibility would cause undue hardship for the individual, based on imminent threat to the individual's health and well-being.
(b) When a waiver is granted under paragraph (a), clause (3), a cause of action exists against the person to whom the homestead was transferred for that portion of long-term care services granted within:
(1) 30 months of the a transfer made on
or before August 10, 1993;
(2) 60 months if the homestead was transferred after August 10, 1993, to a trust or portion of a trust that is considered a transfer of assets under federal law; or
(3) 36 months if transferred in any other manner after August 10, 1993,
or the amount of the uncompensated transfer, whichever is less, together with the costs incurred due to the action. The action may be brought by the state or the local agency responsible for providing medical assistance under chapter 256G.
(c) Effective for transfers made on or after July 1, 1993,
or upon federal approval, whichever is later, an
institutionalized person is not ineligible for medical assistance
services due to a transfer of assets for less than fair market
value if the asset transferred was a homestead and:
(1) title to the homestead was transferred to the
individual's
(i) spouse;
(ii) child who is under age 21;
(iii) blind or permanently and totally disabled child as
defined in the supplemental security income program;
(iv) sibling who has equity interest in the home and who was
residing in the home for a period of at least one year
immediately before the date of the individual's admission to the
facility; or
(v) son or daughter who was residing in the individual's
home for a period of at least two years immediately before the
date of the individual's admission to the facility, and who
provided care to the individual that permitted the individual to
reside at home rather than in an institution or facility;
(2) a satisfactory showing is made that the individual
intended to dispose of the homestead at fair market value or for
other valuable consideration; or
(3) the local agency grants a waiver of the excess resources
created by the uncompensated transfer because denial of
eligibility would cause undue hardship for the individual, based
on imminent threat to the individual's health and
well-being.
(d) When a waiver is granted under paragraph (c), clause
(3), a cause of action exists against the person to whom the
homestead was transferred for that portion of medical assistance
services granted during the period of ineligibility under
subdivision 2, or the amount of the uncompensated transfer,
whichever is less, together with the costs incurred due to the
action. The action may be brought by the state or the local
agency responsible for providing medical assistance under chapter
256G.
Sec. 33. Minnesota Statutes 1994, section 256B.0595, subdivision 4, is amended to read:
Subd. 4. [OTHER EXCEPTIONS TO TRANSFER PROHIBITION.]
(a) An institutionalized person who has made, or whose
spouse has made a transfer prohibited by subdivision 1, is not
ineligible for long-term care services if one of the following
conditions applies:
(1) the assets were transferred to the community
individual's spouse, as defined in section 256B.059
or to another for the sole benefit of the spouse; or
(2) the institutionalized spouse, prior to being institutionalized, transferred assets to a spouse, provided that the spouse to whom the assets were transferred does not then transfer those assets to another person for less than fair market value. (At the time when one spouse is institutionalized, assets must be allocated between the spouses as provided under section 256B.059); or
(3) the assets were transferred to the individual's child who is blind or permanently and totally disabled as determined in the supplemental security income program; or
(4) a satisfactory showing is made that the individual intended to dispose of the assets either at fair market value or for other valuable consideration; or
(5) the local agency determines that denial of eligibility for
long-term care services would work an undue hardship and grants a
waiver of excess assets. When a waiver is granted, a cause of
action exists against the person to whom the assets were
transferred for that portion of long-term care services granted
within 30 months of the transfer, or the amount of the
uncompensated transfer, whichever is less, together with the
costs incurred due to the action. The action may be brought by
the state or the local agency responsible for providing medical
assistance under this chapter.; or
(6) for transfers occurring after August 10, 1993, the assets were transferred by the person or person's spouse: (i) into a trust established solely for the benefit of a son or daughter of any age who is blind or disabled as defined by the Supplemental Security Income program; or (ii) into a trust established solely for the benefit of an individual who is under 65 years of age who is disabled as defined by the Supplemental Security Income program.
(b) Effective for transfers made on or after July 1, 1993,
or upon federal approval, whichever is later, an
institutionalized person who has made, or whose spouse has made a
transfer prohibited by subdivision 1, is not ineligible for
medical assistance services if one of the following conditions
applies:
(1) the assets were transferred to the community spouse, as
defined in section 256B.059; or
(2) the institutionalized spouse, prior to being
institutionalized, transferred assets to a spouse, provided that
the spouse to whom the assets were transferred does not then
transfer those assets to another person for less than fair market
value. (At the time when one spouse is institutionalized, assets
must be allocated between the spouses as provided under section
256B.059); or
(3) the assets were transferred to the individual's child
who is blind or permanently and totally disabled as determined in
the supplemental security income program; or
(4) a satisfactory showing is made that the individual
intended to dispose of the assets either at fair market value or
for other valuable consideration; or
(5) the local agency determines that denial of eligibility
for medical assistance services would work an undue hardship and
grants a waiver of excess assets. When a waiver is granted, a
cause of action exists against the person to whom the assets were
transferred for that portion of medical assistance services
granted during the period of ineligibility determined under
subdivision 2 or the amount of the uncompensated transfer,
whichever is less, together with the costs incurred due to the
action. The action may be brought by the state or the local
agency responsible for providing medical assistance under this
chapter.
Sec. 34. Minnesota Statutes 1994, section 256B.06, subdivision 4, is amended to read:
Subd. 4. [CITIZENSHIP REQUIREMENTS.] Eligibility for medical assistance is limited to citizens of the United States and aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under the color of law. Aliens who are seeking legalization under the Immigration Reform and Control Act of 1986, Public Law Number 99-603, who are under age 18, over age 65, blind, disabled, or Cuban or Haitian, and who meet the eligibility requirements of medical assistance under subdivision 1 and sections 256B.055 to 256B.062 are eligible to receive medical assistance. Pregnant women who are aliens seeking legalization under the Immigration Reform and Control Act of 1986, Public Law Number 99-603, and who meet the eligibility requirements of medical assistance under subdivision 1 are eligible for payment of care and services through the period of pregnancy and six weeks
postpartum. Payment shall also be made for care and services that are furnished to an alien, regardless of immigration status, who otherwise meets the eligibility requirements of this section if such care and services are necessary for the treatment of an emergency medical condition, except for organ transplants and related care and services. For purposes of this subdivision, the term "emergency medical condition" means a medical condition, including labor and delivery, that if not immediately treated could cause a person physical or mental disability, continuation of severe pain, or death.
Sec. 35. Minnesota Statutes 1994, section 256B.0625, subdivision 5, is amended to read:
Subd. 5. [COMMUNITY MENTAL HEALTH CENTER SERVICES.] Medical
assistance covers community mental health center services, as
defined in rules adopted by the commissioner pursuant to section
256B.04, subdivision 2, and provided by a community mental
health center as defined in section 245.62, subdivision 2
that meets the requirements in paragraphs (a) to (j).
(a) The provider is licensed under Minnesota Rules, parts 9520.0750 to 9520.0870.
(b) The provider provides mental health services under the clinical supervision of a mental health professional who is licensed for independent practice at the doctoral level or by a board-certified psychiatrist or a psychiatrist who is eligible for board certification. Clinical supervision has the meaning given in Minnesota Rules, part 9505.0323, subpart 1, item F.
(c) The provider must be a private nonprofit corporation or a governmental agency and have a community board of directors as specified by section 245.66.
(d) The provider must have a sliding fee scale that meets the requirements in Minnesota Rules, part 9550.0060 and agree to serve within the limits of its capacity, all individuals residing in its service delivery area.
(e) At a minimum, the provider must provide the following outpatient mental health services: diagnostic assessment; explanation of findings; family, group, and individual psychotherapy, including crisis intervention psychotherapy services, multiple family group psychotherapy, psychological testing, and medication management. In addition, the provider must provide or be capable of providing upon request of the local mental health authority day treatment services and professional home-based mental health services. The provider must have the capacity to provide such services to specialized populations such as the elderly, families with children, persons who are seriously and persistently mentally ill, and children who are seriously emotionally disturbed.
(f) The provider must be capable of providing the services specified in paragraph (e) to individuals who are diagnosed with both mental illness or emotional disturbance, and chemical dependency, and to individuals dually diagnosed with a mental illness or emotional disturbance and mental retardation or a related condition.
(g) The provider must provide 24-hour emergency care services or demonstrate the capacity to assist recipients in need of such services to access such services on a 24-hour basis.
(h) The provider must have a contract with the local mental health authority to provide one or more of the services specified in paragraph (e).
(i) The provider must agree, upon request of the local mental health authority, to enter into a contract with the county to provide mental health services not reimbursable under the medical assistance program.
(j) The provider may not be enrolled with the medical assistance program as both a hospital and a community mental health center. The community mental health center's administrative, organizational, and financial structure must be separate and distinct from that of the hospital.
Sec. 36. Minnesota Statutes 1994, section 256B.0625, subdivision 8, is amended to read:
Subd. 8. [PHYSICAL THERAPY.] (a) Medical assistance covers physical therapy and related services. Services provided by a physical therapy assistant shall be reimbursed at the same rate as services performed by a physical therapist when the services of the physical therapy assistant are provided under the direction of a physical therapist who is on the premises. Services provided by a physical therapy assistant that are provided under the direction of a physical therapist who is not on the premises shall be reimbursed at 65 percent of the physical therapist rate.
(b) By January 1, 1997, the commissioner shall adopt administrative rules under chapter 14 establishing criteria for review of prior authorization requests.
Sec. 37. Minnesota Statutes 1994, section 256B.0625, subdivision 8a, is amended to read:
Subd. 8a. [OCCUPATIONAL THERAPY.] (a) Medical assistance covers occupational therapy and related services. Services provided by an occupational therapy assistant shall be reimbursed at the same rate as services performed by an occupational therapist when the services of the occupational therapy assistant are provided under the direction of the occupational therapist who is on the premises. Services provided by an occupational therapy assistant that are provided under the direction of an occupational therapist who is not on the premises shall be reimbursed at 65 percent of the occupational therapist rate.
(b) By January 1, 1997, the commissioner shall adopt administrative rules under chapter 14 establishing criteria for review of prior authorization requests.
Sec. 38. Minnesota Statutes 1994, section 256B.0625, is amended by adding a subdivision to read:
Subd. 8b. [SPEECH THERAPY.] (a) Medical assistance covers speech therapy and related services.
(b) By January 1, 1997, the commissioner shall adopt administrative rules under chapter 14 establishing criteria for review of prior authorization requests.
Sec. 39. Minnesota Statutes 1994, section 256B.0625, subdivision 13, is amended to read:
Subd. 13. [DRUGS.] (a) Medical assistance covers drugs if
prescribed by a licensed practitioner and dispensed by a licensed
pharmacist, or by a physician enrolled in the medical
assistance program as a dispensing physician, or by a
physician or a nurse practitioner employed by or under contract
with a community health board as defined in section 145A.02,
subdivision 5, for the purposes of communicable disease
control. The commissioner, after receiving recommendations
from professional medical associations and professional
pharmacist associations, shall designate a formulary committee to
advise the commissioner on the names of drugs for which payment
is made, recommend a system for reimbursing providers on a set
fee or charge basis rather than the present system, and develop
methods encouraging use of generic drugs when they are less
expensive and equally effective as trademark drugs. The
formulary committee shall consist of nine members, four of whom
shall be physicians who are not employed by the department of
human services, and a majority of whose practice is for persons
paying privately or through health insurance, three of whom shall
be pharmacists who are not employed by the department of human
services, and a majority of whose practice is for persons paying
privately or through health insurance, a consumer representative,
and a nursing home representative. Committee members shall serve
three-year terms and shall serve without compensation. Members
may be reappointed once.
(b) The commissioner shall establish a drug formulary. Its establishment and publication shall not be subject to the requirements of the administrative procedure act, but the formulary committee shall review and comment on the formulary contents. The formulary committee shall review and recommend drugs which require prior authorization. The formulary committee may recommend drugs for prior authorization directly to the commissioner, as long as opportunity for public input is provided. Prior authorization may be requested by the commissioner based on medical and clinical criteria before certain drugs are eligible for payment. Before a drug may be considered for prior authorization at the request of the commissioner:
(1) the drug formulary committee must develop criteria to be used for identifying drugs; the development of these criteria is not subject to the requirements of chapter 14, but the formulary committee shall provide opportunity for public input in developing criteria;
(2) the drug formulary committee must hold a public forum and receive public comment for an additional 15 days; and
(3) the commissioner must provide information to the formulary committee on the impact that placing the drug on prior authorization will have on the quality of patient care and information regarding whether the drug is subject to clinical abuse or misuse. Prior authorization may be required by the commissioner before certain formulary drugs are eligible for payment. The formulary shall not include:
(i) drugs or products for which there is no federal funding;
(ii) over-the-counter drugs, except for antacids, acetaminophen, family planning products, aspirin, insulin, products for the treatment of lice, vitamins for adults with documented vitamin deficiencies, and vitamins for children under the age of seven and pregnant or nursing women;
(iii) any other over-the-counter drug identified by the commissioner, in consultation with the drug formulary committee, as necessary, appropriate, and cost-effective for the treatment of certain specified chronic diseases, conditions or disorders, and this determination shall not be subject to the requirements of chapter 14;
(iv) anorectics; and
(v) drugs for which medical value has not been established.
The commissioner shall publish conditions for prohibiting payment for specific drugs after considering the formulary committee's recommendations.
(c) The basis for determining the amount of payment shall be
the lower of: (1) the actual acquisition costs of the
drugs plus a fixed dispensing fee established by the
commissioner,; or (2) the maximum allowable cost set
by the federal government or by the commissioner plus the fixed
dispensing fee or the usual and customary price charged to the
public. The pharmacy dispensing fee shall be $4.25,
except that the dispensing fee for persons exempted in section
256B.0634, subdivision 2, paragraph (b), shall be $3.25.
Actual acquisition cost includes quantity and other special
discounts except time and cash discounts. The actual acquisition
cost of a drug shall be estimated by the commissioner, at average
wholesale price minus 7.6 ten percent effective
January 1, 1994. The maximum allowable cost of a multisource
drug may be set by the commissioner and it shall be comparable
to, but no higher than, the maximum amount paid by other
third-party payors in this state who have maximum allowable cost
programs. Establishment of the amount of payment for drugs shall
not be subject to the requirements of the administrative
procedure act. An additional dispensing fee of $.30 may be added
to the dispensing fee paid to pharmacists for legend drug
prescriptions dispensed to residents of long-term care facilities
when a unit dose blister card system, approved by the department,
is used. Under this type of dispensing system, the pharmacist
must dispense a 30-day supply of drug. The National Drug Code
(NDC) from the drug container used to fill the blister card must
be identified on the claim to the department. The unit dose
blister card containing the drug must meet the packaging
standards set forth in Minnesota Rules, part 6800.2700, that
govern the return of unused drugs to the pharmacy for reuse. The
pharmacy provider will be required to credit the department for
the actual acquisition cost of all unused drugs that are eligible
for reuse. Over-the-counter medications must be dispensed in the
manufacturer's unopened package. The commissioner may permit the
drug clozapine to be dispensed in a quantity that is less than a
30-day supply. Whenever a generically equivalent product is
available, payment shall be on the basis of the actual
acquisition cost of the generic drug, unless the prescriber
specifically indicates "dispense as written - brand necessary" on
the prescription as required by section 151.21, subdivision 2.
Implementation of any change in the fixed dispensing fee that
has not been subject to the administrative procedure act is
limited to not more than 180 days, unless, during that time, the
commissioner initiates rulemaking through the administrative
procedure act.
(d) Until the date the on-line, real-time Medicaid
Management Information System (MMIS) upgrade is successfully
implemented, as determined by the commissioner of administration,
a pharmacy provider may require individuals who seek to become
eligible for medical assistance under a one-month spenddown, as
provided in section 256B.056, subdivision 5, to pay for services
to the extent of the spenddown amount at the time the services
are provided. A pharmacy provider choosing this option shall
file a medical assistance claim for the pharmacy services
provided. If medical assistance reimbursement is received for
this claim, the pharmacy provider shall return to the individual
the total amount paid by the individual for the pharmacy services
reimbursed by the medical assistance program. If the claim is
not eligible for medical assistance reimbursement because of the
provider's failure to comply with the provisions of the medical
assistance program, the pharmacy provider shall refund to the
individual the total amount paid by the individual. Pharmacy
providers may choose this option only if they apply similar
credit restrictions to private pay or privately insured
individuals. A pharmacy provider choosing this option must
inform individuals who seek to become eligible for medical
assistance under a one-month spenddown of (1) their right to
appeal the denial of services on the grounds that they have
satisfied the spenddown requirement, and (2) their potential
eligibility for the MinnesotaCare program or the children's
health plan.
Sec. 40. Minnesota Statutes 1994, section 256B.0625, subdivision 13a, is amended to read:
Subd. 13a. [DRUG UTILIZATION REVIEW BOARD.] A 12-member
nine-member drug utilization review board is established.
The board is comprised of six at least three but no
more than four licensed physicians actively engaged in the
practice of medicine in Minnesota; five at least
three licensed pharmacists actively engaged in the practice
of pharmacy in Minnesota; and one consumer representative; the
remainder to be made up of health care professionals who are
licensed in their field and have recognized knowledge in the
clinically appropriate prescribing, dispensing, and monitoring of
covered outpatient drugs. The board shall be staffed by an
employee of the department who shall serve as an ex officio
nonvoting member of the board. The members of the board shall be
appointed by the
commissioner and shall serve three-year terms. The
physician members shall be selected from lists submitted
by professional medical associations. The pharmacist
members shall be selected from lists submitted by professional
pharmacist associations. The commissioner shall appoint the
initial members of the board for terms expiring as follows:
four three members for terms expiring June 30,
1995 1996; four three members for
terms expiring June 30, 1994 1997; and four
three members for terms expiring June 30, 1993
1998. Members may be reappointed once. The board shall
annually elect a chair from among the members.
The commissioner shall, with the advice of the board:
(1) implement a medical assistance retrospective and prospective drug utilization review program as required by United States Code, title 42, section 1396r-8(g)(3);
(2) develop and implement the predetermined criteria and practice parameters for appropriate prescribing to be used in retrospective and prospective drug utilization review;
(3) develop, select, implement, and assess interventions for physicians, pharmacists, and patients that are educational and not punitive in nature;
(4) establish a grievance and appeals process for physicians and pharmacists under this section;
(5) publish and disseminate educational information to physicians and pharmacists regarding the board and the review program;
(6) adopt and implement procedures designed to ensure the confidentiality of any information collected, stored, retrieved, assessed, or analyzed by the board, staff to the board, or contractors to the review program that identifies individual physicians, pharmacists, or recipients;
(7) establish and implement an ongoing process to (i) receive public comment regarding drug utilization review criteria and standards, and (ii) consider the comments along with other scientific and clinical information in order to revise criteria and standards on a timely basis; and
(8) adopt any rules necessary to carry out this section.
The board may establish advisory committees. The commissioner may contract with appropriate organizations to assist the board in carrying out the board's duties. The commissioner may enter into contracts for services to develop and implement a retrospective and prospective review program.
The board shall report to the commissioner annually on
December 1 the date the Drug Utilization Review Annual
Report is due to the Health Care Financing Administration. This
report is to cover the preceding federal fiscal year. The
commissioner shall make the report available to the public upon
request. The report must include information on the activities
of the board and the program; the effectiveness of implemented
interventions; administrative costs; and any fiscal impact
resulting from the program. An honorarium of $50 per meeting
shall be paid to each board member in attendance.
Sec. 41. Minnesota Statutes 1994, section 256B.0625, subdivision 18, is amended to read:
Subd. 18. [BUS OR TAXICAB TRANSPORTATION.] To the extent
authorized by rule of the state agency, medical assistance covers
costs of bus or taxicab the most appropriate and
cost-effective form of transportation incurred by any
ambulatory eligible person for obtaining nonemergency medical
care.
Sec. 42. Minnesota Statutes 1994, section 256B.0625, subdivision 19a, is amended to read:
Subd. 19a. [PERSONAL CARE SERVICES.] Medical assistance covers
personal care services in a recipient's home. To qualify for
personal care services recipients who can direct their own
care, or persons who cannot direct their own care when authorized
by the responsible party, may use must be able to identify
their needs, direct and evaluate task accomplishment, and assure
their health and safety. Approved hours may be used
outside the home when normal life activities take them outside
the home and when, without the provision of personal care, their
health and safety would be jeopardized. Total hours for
services, whether actually performed inside or outside the
recipient's home, cannot exceed that which is otherwise allowed
for personal care services in an in-home setting according to
section 256B.0627. Medical assistance does not cover
personal care services for residents of a hospital, nursing
facility,
intermediate care facility, health care facility licensed by the
commissioner of health, or unless a resident who is otherwise
eligible is on leave from the facility and the facility either
pays for the personal care services or forgoes the facility per
diem for the leave days that personal care services are used
except as authorized in section 256B.64 for
ventilator-dependent recipients in hospitals. Total hours of
service and payment allowed for services outside the home cannot
exceed that which is otherwise allowed for personal care services
in an in-home setting according to section 256B.0627. All
personal care services must be provided according to section
256B.0627. Personal care services may not be reimbursed if the
personal care assistant is the spouse or legal guardian of
the recipient or the parent of a recipient under age 18, the
responsible party or the foster care provider of a recipient who
cannot direct the recipient's own care or the recipient's legal
guardian unless, in the case of a foster provider, a county or
state case manager visits the recipient as needed, but no less
than every six months, to monitor the health and safety of the
recipient and to ensure the goals of the care plan are met.
Parents of adult recipients, adult children of the recipient or
adult siblings of the recipient may be reimbursed for personal
care services if they are not the recipient's legal guardian
and are granted a waiver under section 256B.0627.
Sec. 43. Minnesota Statutes 1994, section 256B.0625, subdivision 25, is amended to read:
Subd. 25. [PRIOR AUTHORIZATION REQUIRED.] (a) The commissioner shall publish in the State Register a list of health services that require prior authorization, as well as the criteria and standards used to select health services on the list. The list and the criteria and standards used to formulate it are not subject to the requirements of sections 14.001 to 14.69. The commissioner's decision whether prior authorization is required for a health service is not subject to administrative appeal.
(b) A provider who has submitted a prior authorization request for physical therapy, occupational therapy, speech therapy, or related services must have access via telephone to the consultant to whom the request has been assigned. The consultant must make a reasonable amount of time available for providers to contact the consultant by telephone in order to discuss either a pending request or a request about which a recommendation has been made. For purposes of this paragraph, "consultant" has the meaning given it in Minnesota Rules, part 9505.5005, subpart 3.
Sec. 44. Minnesota Statutes 1994, section 256B.0625, is amended by adding a subdivision to read:
Subd. 38. [PAYMENTS FOR MENTAL HEALTH SERVICES.] Payments for mental health services covered under the medical assistance program that are provided by masters-prepared mental health professionals shall be 80 percent of the rate paid to doctoral-prepared professionals. Payments for mental health services covered under the medical assistance program that are provided by masters-prepared mental health professionals employed by community mental health centers shall be 100 percent of the rate paid to doctoral-prepared professionals.
Sec. 45. Minnesota Statutes 1994, section 256B.0625, is amended by adding a subdivision to read:
Subd. 39. [CHILDHOOD IMMUNIZATIONS.] Providers who administer pediatric vaccines within the scope of their licensure, and who are enrolled as a medical assistance provider, must enroll in the pediatric vaccine administration program established by section 13631 of the Omnibus Budget Reconciliation Act of 1993. Medical assistance shall pay a $8.50 fee per dose for administration of the vaccine to children eligible for medical assistance. Medical assistance does not pay for vaccines that are available at no cost from the pediatric vaccine administration program.
Sec. 46. Minnesota Statutes 1994, section 256B.0625, is amended by adding a subdivision to read:
Subd. 40. [TUBERCULOSIS RELATED SERVICES.] (a) For persons infected with tuberculosis, medical assistance covers case management services and direct observation of the intake of drugs prescribed to treat tuberculosis.
(b) "Case management services" means services furnished to assist persons infected with tuberculosis in gaining access to needed medical services. Case management services include at a minimum:
(1) assessing a person's need for medical services to treat tuberculosis;
(2) developing a care plan that addresses the needs identified in clause (1);
(3) assisting the person in accessing medical services identified in the care plan; and
(4) monitoring the person's compliance with the care plan to ensure completion of tuberculosis therapy. Medical assistance covers case management services under this subdivision only if the services are provided by a certified public health nurse who is employed by a community health board as defined in section 145A.02, subdivision 5.
(c) To be covered by medical assistance, tuberculosis drugs must be dispensed by a licensed pharmacist, physician, or nurse practitioner who is employed by or under contract with a community health board as defined in section 145A.02, subdivision 5.
(d) To be covered by medical assistance, direct observation of the intake of drugs prescribed to treat tuberculosis must be provided by a community outreach worker, licensed practical nurse, registered nurse who is trained and supervised by a public health nurse employed by a community health board as defined in section 145A.02, subdivision 5, or a public health nurse employed by a community health board.
Sec. 47. Minnesota Statutes 1994, section 256B.0627, subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] (a) "Home care services" means a health service, determined by the commissioner as medically necessary, that is ordered by a physician and documented in a care plan that is reviewed by the physician at least once every 60 days for the provision of home health services, or private duty nursing, or at least once every 365 days for personal care. Home care services are provided to the recipient at the recipient's residence that is a place other than a hospital or long-term care facility or as specified in section 256B.0625.
(b) "Medically necessary" has the meaning given in Minnesota Rules, parts 9505.0170 to 9505.0475.
(c) "Care plan" means a written description of the services
needed which is developed by the supervisory nurse or county
public health nurse for personal care services, together with
the recipient or responsible party and includes a detailed
description of the covered home care services, who is
providing the services, frequency and duration of services,
and expected outcomes and goals. The provider must give the
recipient or responsible party recipient and the
recipient's choice of provider must be given a copy of the
completed care plan within 30 calendar days of
beginning following the assessment of need for home
care services.
(d) "Responsible party" means an individual residing with a
recipient of personal care services who is capable of providing
the supportive care necessary to assist the recipient to live in
the community, is at least 18 years old, and is not a personal
care assistant. Responsible parties who are parents of minors or
guardians of minors or incapacitated persons may delegate the
responsibility to another adult during a temporary absence of at
least 24 hours but not more than six months. The person
delegated as a responsible party must be able to meet the
definition of responsible party, except that the delegated
responsible party is required to reside with the recipient only
while serving as the responsible party. Foster care license
holders may be designated the responsible party for residents of
the foster care home if case management is provided as required
in section 256B.0625, subdivision 19a. For persons who, as of
April 1, 1992, are sharing personal care services in order to
obtain the availability of 24-hour coverage, an employee of the
personal care provider organization may be designated as the
responsible party if case management is provided as required in
section 256B.0625, subdivision 19a. "Personal care
assistant" means a person who: (1) is at least 18 years old; (2)
is able to read, write, and speak English, as well as speak the
language of the recipient; (3) effective July 1, 1996, has
completed one of the training requirements as specified in
Minnesota Rules, part 9505.0335, subpart 3, items A to D; (4) has
the ability to, and provides covered personal care services
according to the recipient's care plan; (5) is not a consumer of
personal care services; and (6) is subject to criminal background
checks. An individual who has ever been convicted of a crime
specified in Minnesota Rules, part 4668.0020, subpart 14, or a
comparable crime in another jurisdiction is disqualified from
being a personal care assistant.
(e) "Personal care provider organization" means an organization enrolled to provide personal care services under the medical assistance program that complies with the following: (1) owners who have a five percent interest or more are subject to a criminal history check as provided in section 245A.04 at the time of application. An organization will be barred from enrollment if an owner or managerial official of the organization has ever been convicted of a crime specified in Minnesota Rules, part 4668.0020, subpart 14, or a comparable crime in another jurisdiction; (2) the organization must maintain a surety bond and liability insurance throughout the duration of enrollment and provides proof thereof. The insurer must notify the department of human services of the cancellation or lapse of policy; and (3) the organization must maintain documentation of services as specified in Minnesota Rules, part 9505.2175, subpart 7, as well as evidence of compliance with personal care assistant training requirements.
Sec. 48. Minnesota Statutes 1994, section 256B.0627, subdivision 2, is amended to read:
Subd. 2. [SERVICES COVERED.] Home care services covered under this section include:
(1) nursing services under section 256B.0625, subdivision 6a;
(2) private duty nursing services under section 256B.0625, subdivision 7;
(3) home health aide services under section 256B.0625, subdivision 6a;
(4) personal care services under section 256B.0625, subdivision
19a; and
(5) nursing supervision of personal care services under section 256B.0625, subdivision 19a; and
(6) assessments by county public health nurses for services under section 256B.0625, subdivision 19a.
Sec. 49. Minnesota Statutes 1994, section 256B.0627, subdivision 4, is amended to read:
Subd. 4. [PERSONAL CARE SERVICES.] (a) The personal care services that are eligible for payment are the following:
(1) bowel and bladder care;
(2) skin care to maintain the health of the skin;
(3) delegated therapy tasks specific to maintaining a
recipient's optimal level of functioning, including
repetitive maintenance range of motion and muscle
strengthening exercises specific to maintaining a recipient's
optimal level of function;
(4) respiratory assistance;
(5) transfers and ambulation;
(6) bathing, grooming, and hairwashing necessary for personal hygiene;
(7) turning and positioning;
(8) assistance with furnishing medication that is
normally self-administered;
(9) application and maintenance of prosthetics and orthotics;
(10) cleaning medical equipment;
(11) dressing or undressing;
(12) assistance with food, nutrition, and diet
activities eating and meal preparation;
(13) accompanying a recipient to obtain medical diagnosis or treatment;
(14) assisting, monitoring, or prompting the recipient to
complete the services in clauses (1) to (13);
(15) redirection, monitoring, and observation that are
medically necessary and an integral part of completing the
personal cares described in clauses (1) to (14);
(16) redirection and intervention for behavior, including
observation and monitoring;
(17) interventions for seizure disorders including
monitoring and observation if the recipient has had a seizure
that requires intervention within the past three months;
and
(18) incidental household services that are an integral
part of a personal care service described in clauses (1) to
(17). (15); and
For purposes of this subdivision, monitoring and observation
means watching for outward visible signs that are likely to occur
and for which there is a covered personal care service or an
appropriate personal care intervention (15) laundry and
light cleaning in essential areas of the home used during
personal care services.
(b) The personal care services that are not eligible for payment are the following:
(1) personal care services that are not in the
care plan developed by the supervising registered nurse in
consultation with the personal care assistants and the recipient
or the responsible party directing the care of the recipient
prescribed by the physician;
(2) assessments by personal care provider organizations or by independently enrolled registered nurses;
(3) services that are not supervised by the
registered nurse in the care plan developed by the county
public health nurse and the recipient;
(3) (4) services provided by the recipient's spouse,
legal guardian, or parent of a minor child
recipient under age 18;
(4) services provided by a foster care provider of a
recipient who cannot direct their own care, unless monitored by a
county or state case manager under section 256B.0625, subdivision
19a;
(5) services provided by the residential or program license holder in a residence for more than four persons;
(6) services that are the responsibility of a residential or program license holder under the terms of a service agreement and administrative rules;
(7) sterile procedures;
(8) injections of fluids into veins, muscles, or skin;
(9) services provided by parents of adult recipients, adult
children, or adult siblings of the
recipient, unless these relatives meet one of the following
hardship criteria and the commissioner waives this
requirement:
(i) the relative resigns from a part-time or full-time job to provide personal care for the recipient;
(ii) the relative goes from a full-time to a part-time job with less compensation to provide personal care for the recipient;
(iii) the relative takes a leave of absence without pay to provide personal care for the recipient;
(iv) the relative incurs substantial expenses by providing personal care for the recipient; or
(v) because of labor conditions, the relative is needed in order to provide an adequate number of qualified personal care assistants to meet the medical needs of the recipient;
(10) homemaker services that are not an integral part of a
personal care services; and
(11) home maintenance, or chore services, social services, social activities, recreational services, educational services;
(12) services not specified under paragraph (a); and
(13) services not authorized by the commissioner or the commissioner's designee.
Under no circumstance may a hardship waiver under paragraph (b), clause (9), be granted if the relative is the recipient's legal guardian.
Sec. 50. Minnesota Statutes 1994, section 256B.0627, subdivision 5, is amended to read:
Subd. 5. [LIMITATION ON PAYMENTS.] Medical assistance payments for home care services shall be limited according to this subdivision.
(a) [EXEMPTION FROM PAYMENT LIMITATIONS.] The level, or the
number of hours or visits of a specific service, of home care
services to a recipient that began before and is continued
without increase on or after December 1987, shall be exempt from
the payment limitations of this section, as long as the services
are medically necessary.
(b) [LIMITS ON SERVICES WITHOUT PRIOR AUTHORIZATION.] A
recipient may receive the following amounts of home care services
during a calendar year:
(1) a total of 40 home health aide visits or skilled nurse visits under section 256B.0625, subdivision 6a; and
(2) up to two assessments by a supervising registered
nurse assessments and reassessments done by the county
public health nurse to determine a recipient's need for
personal care services, develop a care plan with the
recipient, and obtain prior authorization. Additional
visits may be authorized by the commissioner if there are
circumstances that necessitate a change in provider.
(c) (b) [PRIOR AUTHORIZATION; EXCEPTIONS.] All
home care services above the limits in paragraph (b)
(a) must receive the commissioner's prior authorization,
except when:
(1) the home care services were required to treat an emergency medical condition that if not immediately treated could cause a recipient serious physical or mental disability, continuation of severe pain, or death. The provider must request retroactive authorization no later than five working days after giving the initial service. The provider must be able to substantiate the emergency by documentation such as reports, notes, and admission or discharge histories;
(2) the home care services were provided on or after the date on which the recipient's eligibility began, but before the date on which the recipient was notified that the case was opened. Authorization will be considered if the request is submitted by the provider within 20 working days of the date the recipient was notified that the case was opened;
(3) a third-party payor for home care services has denied or adjusted a payment. Authorization requests must be submitted by the provider within 20 working days of the notice of denial or adjustment. A copy of the notice must be included with the request; or
(4) the commissioner has determined that a county or state human services agency has made an error.
(d) [RETROACTIVE AUTHORIZATION.] A request for
retroactive authorization under paragraph (c) will be
evaluated according to the same criteria applied to prior
authorization requests. Implementation of this provision
shall begin no later than October 1, 1991, except that recipients
who are currently receiving medically necessary services above
the limits established under this subdivision may have a
reasonable amount of time to arrange for waivered services under
section 256B.49 or to establish an alternative living
arrangement. All current recipients shall be phased down to the
limits established under paragraph (b) on or before April 1,
1992.
(e) (c) [ASSESSMENT AND CARE PLAN.] The home
care provider supervisory nurse or county public health
nurse for personal care services shall conduct initially, and
at least annually thereafter, a face-to-face assessment of the
recipient and complete a care plan with the recipient
using forms specified by the commissioner. For the recipient
to receive, or continue to receive, home care services, the
provider must submit evidence necessary for the commissioner to
determine the medical necessity of the home care services.
The provider supervisory nurse or county public health
nurse for personal care services shall submit to the
commissioner the assessment, the care plan, and other information
necessary to determine medical necessity such as diagnostic or
testing information, social or medical histories, and hospital or
facility discharge summaries. For personal care
services:
(1) The amount and type of service authorized based upon the assessment and care plan will follow the recipient if the recipient chooses to change providers.
(2) If the recipient's medical need changes, the recipient's provider may assess the need for a change in service authorization and request the change from the county public health nurse. The public health nurse will determine whether to request the change in services based upon the provider assessment, or conduct a home visit to assess the need and determine whether the change is appropriate.
(3) To continue to receive home personal
care services when the recipient displays no significant change,
the supervising nurse county public health nurse
has the option to review with the commissioner, or the
commissioner's designee, the care plan on record and receive
authorization for up to an additional 12 months.
(f) (d) [PRIOR AUTHORIZATION.] The commissioner,
or the commissioner's designee, shall review the assessment, the
care plan, and any additional information that is submitted. The
commissioner shall, within 30 days after receiving a complete
request, assessment, and care plan, authorize home care services
as follows:
(1) [HOME HEALTH SERVICES.] All home health services provided
by a nurse or a home health aide that exceed the limits
established in paragraph (b) (a) must be prior
authorized by the commissioner or the commissioner's designee.
Prior authorization must be based on medical necessity and
cost-effectiveness when compared with other care options. When
home health services are used in combination with personal care
and private duty nursing, the cost of all home care services
shall be considered for cost-effectiveness. The commissioner
shall limit nurse and home health aide visits to no more than one
visit each per day.
(2) [PERSONAL CARE SERVICES.] (i) All personal care services
and registered nurse supervision must be prior authorized
by the commissioner or the commissioner's designee except for the
limits on supervision assessments established in
paragraph (b) (a). The amount of personal care
services authorized must be based on the recipient's home care
rating. A child may not be found to be dependent in an activity
of daily living if because of the child's age an adult would
either perform the activity for the child or assist the child
with the activity and the amount of assistance needed is similar
to the assistance appropriate for a typical child of the same
age. Based on medical necessity, the commissioner may
authorize:
(A) up to two 1.75 times the average number of
direct care hours provided in nursing facilities for the
recipient's comparable case mix level; or
(B) up to three 2.625 times the average number of
direct care hours provided in nursing facilities for recipients
who have complex medical needs or are dependent in at least seven
activities of daily living and need physical assistance with
eating or have a neurological diagnosis but in no case shall
the dollar amount authorized exceed the statewide weighted
average nursing facility payment rate for fiscal year 1995;
or
(C) up to 60 percent of the average reimbursement rate, as
of July 1, 1991, plus any inflation adjustment provided, for care
provided in a regional treatment center for recipients who have
Level I behavior; or
(D) up to the amount the commissioner would pay, as of
July 1, 1991, plus any inflation adjustment provided for home
care services, for care provided in a regional treatment
center for recipients referred to the commissioner by a regional
treatment center preadmission evaluation team. For purposes of
this clause, home care services means all services provided in
the home or community that would be included in the payment to a
regional treatment center; or
(E) (D) up to the amount medical assistance
would reimburse for facility care for recipients referred to the
commissioner by a preadmission screening team established under
section 256B.0911 or 256B.092; and up to ten percent above
the maximum hour limits established in clauses (A) and (B) if a
recipient's medical needs change due to an acute or episodic
exacerbation or deterioration of their condition or loss of
family or community support systems placing the recipient at
imminent risk, within 30 calendar days, of institutionalization,
to be reviewed every 60 calendar days; and
(F) (E) a reasonable amount of time for the
necessary provision of nursing supervision of personal
care services.
(ii) The number of direct care hours shall be determined
according to the annual cost report submitted to the department
by nursing facilities. The average number of direct care hours,
as established by May 1, 1992 for the report year 1993,
as established by July 11, 1994, shall be calculated and
incorporated into the home care limits on July 1, 1992
1995. These limits shall be calculated to the nearest
quarter hour.
(iii) The home care rating shall be determined by the
commissioner or the commissioner's designee based on information
submitted to the commissioner by the personal care
provider county public health nurse on forms specified
by the commissioner. The home care rating shall be a combination
of current assessment tools developed under sections 256B.0911
and 256B.501 with an addition for seizure activity that will
assess the frequency and severity of seizure activity and
with adjustments, additions, and clarifications that are
necessary to reflect the needs and conditions of children and
nonelderly adults recipients who need home care. The
commissioner shall establish these forms and protocols under this
section and shall use the advisory group established in
section 256B.04, subdivision 16, for consultation in establishing
the forms and protocols by October 1, 1991.
(iv) A recipient shall qualify as having complex medical needs if the care required is difficult to perform and because of recipient's medical condition requires more time than community-based standards allow or requires more skill than would ordinarily be required and the recipient needs or has one or more of the following:
(A) daily tube feedings;
(B) daily parenteral therapy;
(C) wound or decubiti care;
(D) postural drainage, percussion, nebulizer treatments, suctioning, tracheotomy care, oxygen, mechanical ventilation;
(E) catheterization;
(F) ostomy care;
(G) quadriplegia; or
(H) other comparable medical conditions or treatments the commissioner determines would otherwise require institutional care.
(v) A recipient shall qualify as having Level I behavior if
there is reasonable supporting evidence that the recipient
exhibits, or that without supervision, observation, or
redirection would exhibit, one or more of the following behaviors
that cause, or have the potential to cause:
(A) injury to his or her own body;
(B) physical injury to other people; or
(C) destruction of property.
(vi) Time authorized for personal care relating to Level I
behavior in subclause (v), items (A) to (C), shall be based on
the predictability, frequency, and amount of intervention
required.
(vii) A recipient shall qualify as having Level II behavior
if the recipient exhibits on a daily basis one or more of the
following behaviors that interfere with the completion of
personal care services under subdivision 4, paragraph (a):
(A) unusual or repetitive habits;
(B) withdrawn behavior; or
(C) offensive behavior.
(viii) A recipient with a home care rating of Level II
behavior in subclause (vii), items (A) to (C), shall be rated as
comparable to a recipient with complex medical needs under
subclause (iv). If a recipient has both complex medical needs
and Level II behavior, the home care rating shall be the next
complex category up to the maximum rating under subclause (i),
item (B).
(3) [PRIVATE DUTY NURSING SERVICES.] All private duty nursing services shall be prior authorized by the commissioner or the commissioner's designee. Prior authorization for private duty nursing services shall be based on medical necessity and cost-effectiveness when compared with alternative care options. The commissioner may authorize medically necessary private duty nursing services in quarter-hour units when:
(i) the recipient requires more individual and continuous care than can be provided during a nurse visit; or
(ii) the cares are outside of the scope of services that can be provided by a home health aide or personal care assistant.
The commissioner may authorize:
(A) up to two times the average amount of direct care hours provided in nursing facilities statewide for case mix classification "K" as established by the annual cost report submitted to the department by nursing facilities in May 1992;
(B) private duty nursing in combination with other home care services up to the total cost allowed under clause (2);
(C) up to 16 hours per day if the recipient requires more nursing than the maximum number of direct care hours as established in item (A) and the recipient meets the hospital admission criteria established under Minnesota Rules, parts 9505.0500 to 9505.0540.
The commissioner may authorize up to 16 hours per day of medically necessary private duty nursing services or up to 24 hours per day of medically necessary private duty nursing services until such time as the commissioner is
able to make a determination of eligibility for recipients who are cooperatively applying for home care services under the community alternative care program developed under section 256B.49, or until it is determined by the appropriate regulatory agency that a health benefit plan is or is not required to pay for appropriate medically necessary health care services. Recipients or their representatives must cooperatively assist the commissioner in obtaining this determination. Recipients who are eligible for the community alternative care program may not receive more hours of nursing under this section than would otherwise be authorized under section 256B.49.
(4) [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient is ventilator-dependent, the monthly medical assistance authorization for home care services shall not exceed what the commissioner would pay for care at the highest cost hospital designated as a long-term hospital under the Medicare program. For purposes of this clause, home care services means all services provided in the home that would be included in the payment for care at the long-term hospital. "Ventilator-dependent" means an individual who receives mechanical ventilation for life support at least six hours per day and is expected to be or has been dependent for at least 30 consecutive days.
(g) (e) [PRIOR AUTHORIZATION; TIME LIMITS.] The
commissioner or the commissioner's designee shall determine the
time period for which a prior authorization shall be effective.
If the recipient continues to require home care services beyond
the duration of the prior authorization, the home care provider
must request a new prior authorization through the process
described above. Under no circumstances, other than the
exceptions in subdivision 5, paragraph (c)
(b), shall a prior authorization be valid prior to the
date the commissioner receives the request or for more than 12
months. A recipient who appeals a reduction in previously
authorized home care services may continue previously authorized
services, other than temporary services under paragraph
(i) (g), pending an appeal under section 256.045.
The commissioner must provide a detailed explanation of why the
authorized services are reduced in amount from those requested by
the home care provider.
(h) (f) [APPROVAL OF HOME CARE SERVICES.] The
commissioner or the commissioner's designee shall determine the
medical necessity of home care services, the level of caregiver
according to subdivision 2, and the institutional comparison
according to this subdivision, the cost-effectiveness of
services, and the amount, scope, and duration of home care
services reimbursable by medical assistance, based on the
assessment, the care plan, the recipient's age, the cost of
services, the recipient's medical condition, and diagnosis or
disability. The commissioner may publish additional criteria for
determining medical necessity according to section 256B.04.
(i) (g) [PRIOR AUTHORIZATION REQUESTS; TEMPORARY
SERVICES.] Providers The supervisory nurse or county
public health nurse for personal care services may request a
temporary authorization for home care services by telephone. The
commissioner may approve a temporary level of home care services
based on the assessment and care plan information provided by
an appropriately licensed nurse. Authorization for a
temporary level of home care services is limited to the time
specified by the commissioner, but shall not exceed 45 days. The
level of services authorized under this provision shall have no
bearing on a future prior authorization.
(j) (h) [PRIOR AUTHORIZATION REQUIRED IN FOSTER
CARE SETTING.] Home care services provided in an adult or child
foster care setting must receive prior authorization by the
department according to the limits established in paragraph
(b) (a).
The commissioner may not authorize:
(1) home care services that are the responsibility of the foster care provider under the terms of the foster care placement agreement and administrative rules;
(2) personal care services when the foster care license
holder is also the personal care provider or personal care
assistant unless the recipient can direct the recipient's own
care, or case management is provided as required in section
256B.0625, subdivision 19a;
(3) personal care services when the responsible party is an
employee of, or under contract with, or has any direct or
indirect financial relationship with the personal care provider
or personal care assistant, unless case management is provided as
required in section 256B.0625, subdivision 19a;
(4) home care services when the number of foster care
residents is greater than four unless the county responsible
for the recipient's foster placement made the placement prior to
April 1, 1992, requests that home care services be provided, and
case management is provided as required in section 256B.0625,
subdivision 19a; or
(5) (3) home care services when combined with
foster care payments, other than room and board payments plus
the cost of home and community-based waivered services unless the
costs of home care services and waivered services are combined
and managed under the waiver program, that exceed the total
amount that public funds would pay for the recipient's care in a
medical institution.
Sec. 51. Minnesota Statutes 1994, section 256B.0628, subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) The commissioner may contract with or employ qualified registered nurses and necessary support staff, or contract with qualified agencies, to provide home care prior authorization and review services for medical assistance recipients who are receiving home care services.
(b) Reimbursement for the prior authorization function shall be made through the medical assistance administrative authority. The state shall pay the nonfederal share. The functions will be to:
(1) assess the recipient's individual need for services required to be cared for safely in the community;
(2) ensure that a care plan that meets the recipient's needs is developed by the appropriate agency or individual;
(3) ensure cost-effectiveness of medical assistance home care services;
(4) recommend the approval or denial of the use of medical
assistance funds to pay for home care services when home care
services exceed thresholds established by the commissioner under
Minnesota Rules, parts 9505.0170 to 9505.0475;
(5) reassess the recipient's need for and level of home care services at a frequency determined by the commissioner; and
(6) conduct on-site assessments when determined necessary by the commissioner and recommend changes to care plans that will provide more efficient and appropriate home care.
(c) In addition, the commissioner or the commissioner's designee may:
(1) review care plans and reimbursement data for utilization of services that exceed community-based standards for home care, inappropriate home care services, medical necessity, home care services that do not meet quality of care standards, or unauthorized services and make appropriate referrals within the department or to other appropriate entities based on the findings;
(2) assist the recipient in obtaining services necessary to allow the recipient to remain safely in or return to the community;
(3) coordinate home care services with other medical assistance services under section 256B.0625;
(4) assist the recipient with problems related to the provision of home care services; and
(5) assure the quality of home care services.
(d) For the purposes of this section, "home care services" means medical assistance services defined under section 256B.0625, subdivisions 6a, 7, and 19a.
Sec. 52. [256B.0634] [COPAYMENTS; PHARMACY SERVICES.]
Subdivision 1. [DEFINITION.] For purposes of this section, "pharmacy service" has the meaning given in Minnesota Rules, part 9505.0340, subpart 1.
Subd. 2. [COPAYMENT.] (a) Except as provided in paragraph (b), recipients of medical assistance shall be assessed a $1 copayment for pharmacy services. The commissioner shall reduce the medical assistance reimbursement for pharmacy services by the amount of the copayment required to be assessed.
(b) Recipients who are children, pregnant women, institutionalized, or enrolled in a health maintenance organization shall not be assessed copayments. No copayment shall be assessed for family planning services or supplies, or for psychotropic medications.
Sec. 53. Minnesota Statutes 1994, section 256B.0911, subdivision 2, is amended to read:
Subd. 2. [PERSONS REQUIRED TO BE SCREENED; EXEMPTIONS.] All applicants to Medicaid certified nursing facilities must be screened prior to admission, regardless of income, assets, or funding sources, except the following:
(1) patients who, having entered acute care facilities from certified nursing facilities, are returning to a certified nursing facility;
(2) residents transferred from other certified nursing facilities located within the state of Minnesota;
(3) individuals who have a contractual right to have their
nursing facility care paid for indefinitely by the veteran's
administration; or
(4) individuals who are enrolled in the Ebenezer/Group Health social health maintenance organization project, or enrolled in a demonstration project under section 256B.69, subdivision 18, at the time of application to a nursing home; or
(5) individuals previously screened and currently being served under the alternative care program or under a home and community-based services waiver authorized under section 1915(c) of the Social Security Act.
Regardless of the exemptions in clauses (2) to (4), persons who have a diagnosis or possible diagnosis of mental illness, mental retardation, or a related condition must be screened before admission unless the admission prior to screening is authorized by the local mental health authority or the local developmental disabilities case manager, or unless authorized by the county agency according to Public Law Number 101-508.
Before admission to a Medicaid certified nursing home or boarding care home, all persons must be screened and approved for admission through an assessment process. The nursing facility is authorized to conduct case mix assessments which are not conducted by the county public health nurse under Minnesota Rules, part 9549.0059. The designated county agency is responsible for distributing the quality assurance and review form for all new applicants to nursing homes.
Other persons who are not applicants to nursing facilities must be screened if a request is made for a screening.
Sec. 54. Minnesota Statutes 1994, section 256B.0911, subdivision 2a, is amended to read:
Subd. 2a. [SCREENING REQUIREMENTS.] Persons may be screened by telephone or in a face-to-face consultation. The screener will identify each individual's needs according to the following categories: (1) needs no face-to-face screening; (2) needs an immediate face-to-face screening interview; or (3) needs a face-to-face screening interview after admission to a certified nursing facility or after a return home. The screener shall confer with the screening team to ensure that the health and social needs of the individual are assessed. Persons who are not admitted to a Medicaid certified nursing facility must be screened within ten working days after the date of referral. Persons admitted on a nonemergency basis to a Medicaid certified nursing facility must be screened prior to the certified nursing facility admission. Persons admitted to the Medicaid certified nursing facility from the community on an emergency basis or from an acute care facility on a nonworking day must be screened the first working day after admission and the reason for the emergency admission must be certified by the attending physician in the person's medical record.
Sec. 55. Minnesota Statutes 1994, section 256B.0911, subdivision 3, is amended to read:
Subd. 3. [PERSONS RESPONSIBLE FOR CONDUCTING THE PREADMISSION SCREENING.] (a) A local screening team shall be established by the county board of commissioners. Each local screening team shall consist of screeners who are a social worker and a public health nurse from their respective county agencies. If a county does not have a public health nurse available, it may request approval from the commissioner to assign a county registered nurse with at least one year experience in home care to participate on the team. The screening team members must confer regarding the most appropriate care for each individual screened. Two or more counties may collaborate to establish a joint local screening team or teams.
(b) In assessing a person's needs, screeners shall have a physician available for consultation and shall consider the assessment of the individual's attending physician, if any. The individual's physician shall be included if the physician chooses to participate. Other personnel may be included on the team as deemed appropriate by the county agencies.
Sec. 56. Minnesota Statutes 1994, section 256B.0911, subdivision 4, is amended to read:
Subd. 4. [RESPONSIBILITIES OF THE COUNTY AND THE SCREENING TEAM.] (a) The county shall:
(1) provide information and education to the general public regarding availability of the preadmission screening program;
(2) accept referrals from individuals, families, human service and health professionals, and hospital and nursing facility personnel;
(3) assess the health, psychological, and social needs of referred individuals and identify services needed to maintain these persons in the least restrictive environments;
(4) determine if the individual screened needs nursing facility level of care;
(5) assess specialized service needs based upon an evaluation by:
(i) a qualified independent mental health professional for persons with a primary or secondary diagnosis of a serious mental illness; and
(ii) a qualified mental retardation professional for persons with a primary or secondary diagnosis of mental retardation or related conditions. For purposes of this clause, a qualified mental retardation professional must meet the standards for a qualified mental retardation professional in Code of Federal Regulations, title 42, section 483.430;
(6) make recommendations for individuals screened regarding cost-effective community services which are available to the individual;
(7) make recommendations for individuals screened regarding nursing home placement when there are no cost-effective community services available;
(8) develop an individual's community care plan and provide follow-up services as needed; and
(9) prepare and submit reports that may be required by the commissioner of human services.
(b) The screener shall document that the most cost-effective alternatives available were offered to the individual or the individual's legal representative. For purposes of this section, "cost-effective alternatives" means community services and living arrangements that cost the same or less than nursing facility care.
(c) Screeners shall adhere to the level of care criteria for admission to a certified nursing facility established under section 144.0721.
(d) For persons who are eligible for medical assistance or who would be eligible within 180 days of admission to a nursing facility and who are admitted to a nursing facility, the nursing facility must include a screener or the case manager in the discharge planning process for those individuals who the team has determined have discharge potential. The screener or the case manager must ensure a smooth transition and follow-up for the individual's return to the community.
Screeners shall cooperate with other public and private agencies in the community, in order to offer a variety of cost-effective services to the disabled and elderly. The screeners shall encourage the use of volunteers from families, religious organizations, social clubs, and similar civic and service organizations to provide services.
Sec. 57. Minnesota Statutes 1994, section 256B.0911, subdivision 7, is amended to read:
Subd. 7. [REIMBURSEMENT FOR CERTIFIED NURSING FACILITIES.] (a) Medical assistance reimbursement for nursing facilities shall be authorized for a medical assistance recipient only if a preadmission screening has been conducted prior to admission or the local county agency has authorized an exemption. Medical assistance reimbursement for nursing facilities shall not be provided for any recipient who the local screener has determined does not meet the level of care criteria for nursing facility placement or, if indicated, has not had a level II PASARR evaluation completed unless an admission for a recipient with mental illness is approved by the local mental health authority or an admission for a recipient with mental retardation or related condition is approved by the state mental
retardation authority. The county preadmission screening team may deny certified nursing facility admission using the level of care criteria established under section 144.0721 and deny medical assistance reimbursement for certified nursing facility care. Persons receiving care in a certified nursing facility or certified boarding care home who are reassessed and no longer meet the level of care criteria for a certified nursing facility or certified boarding care home may no longer remain a resident in the certified nursing facility or certified boarding care home and must be relocated to the community if the persons were admitted on or after July 1, 1996. Persons receiving services under section 256B.0913, subdivisions 1 to 14, or 256B.0915 who are reassessed and found to not meet the level of care criteria for admission to a certified nursing facility or certified boarding care home may no longer receive these services after July 1, 1996. The commissioner shall make a request to the health care financing administration for a waiver allowing screening team approval of Medicaid payments for certified nursing facility care. An individual has a choice and makes the final decision between nursing facility placement and community placement after the screening team's recommendation, except as provided in paragraphs (b) and (c).
(b) The local county mental health authority or the state mental retardation authority under Public Law Numbers 100-203 and 101-508 may prohibit admission to a nursing facility, if the individual does not meet the nursing facility level of care criteria or needs specialized services as defined in Public Law Numbers 100-203 and 101-508. For purposes of this section, "specialized services" for a person with mental retardation or a related condition means "active treatment" as that term is defined in Code of Federal Regulations, title 42, section 483.440(a)(1).
(c) Upon the receipt by the commissioner of approval by the Secretary of Health and Human Services of the waiver requested under paragraph (a), the local screener shall deny medical assistance reimbursement for nursing facility care for an individual whose long-term care needs can be met in a community-based setting and whose cost of community-based home care services is less than 75 percent of the average payment for nursing facility care for that individual's case mix classification, and who is either:
(i) a current medical assistance recipient being screened for admission to a nursing facility; or
(ii) an individual who would be eligible for medical assistance within 180 days of entering a nursing facility and who meets a nursing facility level of care.
(d) Appeals from the screening team's recommendation or the county agency's final decision shall be made according to section 256.045, subdivision 3.
Sec. 58. [256B.0912] [ALTERNATIVE CARE AND WAIVERED SERVICE PROGRAMS.]
Subdivision 1. [RESTRUCTURING PLAN.] By January 1, 1996, the commissioner shall present a plan to the legislature to restructure administration of the alternative care, elderly waiver, and disabled waiver programs. The plan must demonstrate cost neutrality and provide counties with the flexibility, authority, and accountability to administer home and community-based service programs within predetermined fixed budgets. To support this local program administration, the commissioner shall explore options with the health care financing administration to assure flexibility to expand core services within the elderly and disabled waivers as long as cost neutrality is maintained.
Subd. 2. [WAIVER PROGRAM MODIFICATIONS.] The commissioner of human services shall make the following modifications in medical assistance waiver programs, effective for services rendered after June 30, 1995, or, if necessary, after federal approval is granted:
(a) The community alternatives for disabled individuals waiver shall:
(1) if medical supplies and equipment or adaptations are or will be purchased for a waiver services recipient, allow the prorating of costs on a monthly basis throughout the year in which they are purchased. If the monthly cost of a recipient's other waivered services exceeds the monthly limit established in this paragraph, the annual cost of the waivered services shall be determined. In this event, the annual cost of waivered services shall not exceed 12 times the monthly limit calculated in this paragraph;
(2) require client reassessments once every 12 months;
(3) permit the purchase of supplies and equipment costing $150 or less without prior approval of the commissioner of human services. A county is not required to contract with a provider of supplies and equipment if the monthly cost of supplies and equipment is less than $250; and
(4) allow the implementation of care plans without the approval of the county of financial responsibility when the client receives services from another county.
(b) The traumatic brain injury waiver shall:
(1) require client reassessments once every 12 months;
(2) permit the purchase of supplies and equipment costing $250 or less without having a contract with the supplier; and
(3) allow the implementation of care plans without the approval of the county of financial responsibility when the client receives services from another county.
Sec. 59. Minnesota Statutes 1994, section 256B.0913, subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY FOR FUNDING FOR SERVICES FOR NONMEDICAL ASSISTANCE RECIPIENTS.] (a) Funding for services under the alternative care program is available to persons who meet the following criteria:
(1) the person has been screened by the county screening team or, if previously screened and served under the alternative care program, assessed by the local county social worker or public health nurse;
(2) the person is age 65 or older;
(3) the person would be financially eligible for medical assistance within 180 days of admission to a nursing facility;
(4) the person meets the asset transfer requirements of the medical assistance program;
(5) the screening team would recommend nursing facility admission or continued stay for the person if alternative care services were not available;
(6) the person needs services that are not available at that time in the county through other county, state, or federal funding sources; and
(7) the monthly cost of the alternative care services funded by the program for this person does not exceed 75 percent of the statewide average monthly medical assistance payment for nursing facility care at the individual's case mix classification to which the individual would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059. If medical supplies and equipment or adaptations are or will be purchased for an alternative care services recipient, the costs may be prorated on a monthly basis throughout the year in which they are purchased. If the monthly cost of a recipient's other alternative care services exceeds the monthly limit established in this paragraph, the annual cost of the alternative care services shall be determined. In this event, the annual cost of alternative care services shall not exceed 12 times the monthly limit calculated in this paragraph.
(b) Individuals who meet the criteria in paragraph (a) and who have been approved for alternative care funding are called 180-day eligible clients.
(c) The statewide average payment for nursing facility care is the statewide average monthly nursing facility rate in effect on July 1 of the fiscal year in which the cost is incurred, less the statewide average monthly income of nursing facility residents who are age 65 or older and who are medical assistance recipients in the month of March of the previous fiscal year. This monthly limit does not prohibit the 180-day eligible client from paying for additional services needed or desired.
(d) In determining the total costs of alternative care services for one month, the costs of all services funded by the alternative care program, including supplies and equipment, must be included.
(e) Alternative care funding under this subdivision is not
available for a person who is a medical assistance recipient or
who would be eligible for medical assistance without a spenddown
if the person applied, unless authorized by the
commissioner. A person whose application for medical assistance
is being processed may be served under the alternative care
program for a period up to 60 days. If the individual is found
to be eligible for medical assistance, the county must bill
medical assistance from the date the individual was found
eligible for the medical assistance services provided
that are reimbursable under the elderly waiver program.
(f) Alternative care funding is not available for a person who resides in a licensed nursing home or boarding care home, except for case management services which are being provided in support of the discharge planning process.
Sec. 60. Minnesota Statutes 1994, section 256B.0913, subdivision 5, is amended to read:
Subd. 5. [SERVICES COVERED UNDER ALTERNATIVE CARE.] (a) Alternative care funding may be used for payment of costs of:
(1) adult foster care;
(2) adult day care;
(3) home health aide;
(4) homemaker services;
(5) personal care;
(6) case management;
(7) respite care;
(8) assisted living;
(9) residential care services;
(10) care-related supplies and equipment;
(11) meals delivered to the home;
(12) transportation;
(13) skilled nursing;
(14) chore services;
(15) companion services;
(16) nutrition services; and
(17) training for direct informal caregivers.
(b) The county agency must ensure that the funds are used only to supplement and not supplant services available through other public assistance or services programs.
(c) Unless specified in statute, the service standards for alternative care services shall be the same as the service standards defined in the elderly waiver. Persons or agencies must be employed by or under a contract with the county agency or the public health nursing agency of the local board of health in order to receive funding under the alternative care program.
(d) The adult foster care rate shall be considered a difficulty of care payment and shall not include room and board. The adult foster care daily rate shall be negotiated between the county agency and the foster care provider. The rate established under this section shall not exceed 75 percent of the state average monthly nursing home payment for the case mix classification to which the individual receiving foster care is assigned, and it must allow for other alternative care services to be authorized by the case manager.
(e) Personal care services may be provided by a personal care provider organization. A county agency may contract with a relative of the client to provide personal care services, but must ensure nursing supervision. Covered personal care services defined in section 256B.0627, subdivision 4, must meet applicable standards in Minnesota Rules, part 9505.0335.
(f) Costs for supplies and equipment that exceed $150 per item per month must have prior approval from the commissioner. A county may use alternative care funds to purchase supplies and equipment from a non-Medicaid certified vendor if the cost for the items is less than that of a Medicaid vendor. A county is not required to contract with a provider of supplies and equipment if the monthly cost of the supplies or equipment is less than $250.
(g) For purposes of this section, residential care services are services which are provided to individuals living in residential care homes. Residential care homes are currently licensed as board and lodging establishments and are registered with the department of health as providing special services. Residential care services are defined as "supportive services" and "health-related services." "Supportive services" means the provision of up to 24-hour supervision and oversight. Supportive services includes: (1) transportation, when provided by the residential care center only; (2) socialization, when socialization is part of the plan of care, has specific goals and outcomes established, and is not diversional or recreational in nature; (3) assisting clients in setting up meetings and appointments; (4) assisting clients in setting up medical and social services; (5) providing assistance with personal laundry, such as carrying the client's laundry to the laundry room. Assistance with personal laundry does not include any laundry, such as bed linen, that is included in the room and board rate. Health-related services are limited to minimal assistance with dressing, grooming, and bathing and providing reminders to residents to take medications that are self-administered or providing storage for medications, if requested. Individuals receiving residential care services cannot receive both personal care services and residential care services.
(h) For the purposes of this section, "assisted living" refers to supportive services provided by a single vendor to clients who reside in the same apartment building of three or more units. Assisted living services are defined as up to 24-hour supervision, and oversight, supportive services as defined in clause (1), individualized home care aide tasks as defined in clause (2), and individualized home management tasks as defined in clause (3) provided to residents of a residential center living in their units or apartments with a full kitchen and bathroom. A full kitchen includes a stove, oven, refrigerator, food preparation counter space, and a kitchen utensil storage compartment. Assisted living services must be provided by the management of the residential center or by providers under contract with the management or with the county.
(1) Supportive services include:
(i) socialization, when socialization is part of the plan of care, has specific goals and outcomes established, and is not diversional or recreational in nature;
(ii) assisting clients in setting up meetings and appointments; and
(iii) providing transportation, when provided by the residential center only.
Individuals receiving assisted living services will not receive both assisted living services and homemaking or personal care services. Individualized means services are chosen and designed specifically for each resident's needs, rather than provided or offered to all residents regardless of their illnesses, disabilities, or physical conditions.
(2) Home care aide tasks means:
(i) preparing modified diets, such as diabetic or low sodium diets;
(ii) reminding residents to take regularly scheduled medications or to perform exercises;
(iii) household chores in the presence of technically sophisticated medical equipment or episodes of acute illness or infectious disease;
(iv) household chores when the resident's care requires the prevention of exposure to infectious disease or containment of infectious disease; and
(v) assisting with dressing, oral hygiene, hair care, grooming, and bathing, if the resident is ambulatory, and if the resident has no serious acute illness or infectious disease. Oral hygiene means care of teeth, gums, and oral prosthetic devices.
(3) Home management tasks means:
(i) housekeeping;
(ii) laundry;
(iii) preparation of regular snacks and meals; and
(iv) shopping.
A person's eligibility to reside in the building must not be
contingent on the person's acceptance or use of the assisted
living services. Assisted living services as defined in this
section shall not be authorized in boarding and lodging
establishments licensed according to sections 157.01 to
157.031.
(i) For the purposes of this section, reimbursement for
assisted living services and residential care services shall be
made by the lead agency to the vendor as a monthly rate
negotiated with and authorized by the county
agency. The rate shall not exceed the nonfederal share of the
greater of either the statewide or any of the geographic groups'
weighted average monthly medical assistance nursing facility
payment rate of the case mix resident class to which the 180-day
eligible client would be assigned under Minnesota Rules, parts
9549.0050 to 9549.0059, except. For alternative
care assisted living projects established under Laws 1988,
chapter 689, article 2, section 256, whose monthly
rates may not exceed 65 percent of either the greater
of either statewide or any of the geographic groups' weighted
average monthly medical assistance nursing facility payment rate
of the case mix resident class to which the 180-day eligible
client would be assigned under Minnesota Rules, parts 9549.0050
to 9549.0059. The rate may not cover rent and direct food
costs.
(i) (j) For purposes of this section, companion
services are defined as nonmedical care, supervision and
oversight, provided to a functionally impaired adult. Companions
may assist the individual with such tasks as meal preparation,
laundry and shopping, but do not perform these activities as
discrete services. The provision of companion services does not
entail hands-on medical care. Providers may also perform light
housekeeping tasks which are incidental to the care and
supervision of the recipient. This service must be approved by
the case manager as part of the care plan. Companion services
must be provided by individuals or nonprofit organizations who
are under contract with the local agency to provide the service.
Any person related to the waiver recipient by blood, marriage or
adoption cannot be reimbursed under this service. Persons
providing companion services will be monitored by the case
manager.
(j) (k) For purposes of this section, training
for direct informal caregivers is defined as a classroom or home
course of instruction which may include: transfer and lifting
skills, nutrition, personal and physical cares, home safety in a
home environment, stress reduction and management, behavioral
management, long-term care decision making, care coordination and
family dynamics. The training is provided to an informal unpaid
caregiver of a 180-day eligible client which enables the
caregiver to deliver care in a home setting with high levels of
quality. The training must be approved by the case manager as
part of the individual care plan. Individuals, agencies, and
educational facilities which provide caregiver training and
education will be monitored by the case manager.
Sec. 61. Minnesota Statutes 1994, section 256B.0913, subdivision 8, is amended to read:
Subd. 8. [REQUIREMENTS FOR INDIVIDUAL CARE PLAN.] (a)
The case manager shall implement the plan of care for each
180-day eligible client and ensure that a client's service needs
and eligibility are reassessed at least every six
12 months. The plan shall include any services prescribed
by the individual's attending physician as necessary to allow the
individual to remain in a community setting. In developing the
individual's care plan, the case manager should include the use
of volunteers from families and neighbors, religious
organizations, social clubs, and civic and service organizations
to support the formal home care services. The county shall be
held harmless for damages or injuries sustained through the use
of volunteers under this subdivision including workers'
compensation liability. The lead agency shall provide
documentation to the commissioner verifying that the individual's
alternative care is not available at that time through any other
public assistance or service program. The lead agency shall
provide documentation in each individual's plan of care and to
the commissioner that the most cost-effective alternatives
available have been offered to the individual and that the
individual was free to choose among available qualified
providers, both public and private. The case manager must give
the individual a ten-day written notice of any decrease in or
termination of alternative care services.
(b) If the county administering alternative care services is different than the county of financial responsibility, the care plan may be implemented without the approval of the county of financial responsibility.
Sec. 62. Minnesota Statutes 1994, section 256B.0913, subdivision 12, is amended to read:
Subd. 12. [CLIENT PREMIUMS.] (a) A premium is required for all 180-day eligible clients to help pay for the cost of participating in the program. The amount of the premium for the alternative care client shall be determined as follows:
(1) when the alternative care client's income less recurring and predictable medical expenses is greater than the medical assistance income standard but less than 150 percent of the federal poverty guideline, and total assets are less than $6,000, the fee is zero;
(2) when the alternative care client's income less recurring and predictable medical expenses is greater than 150 percent of the federal poverty guideline, and total assets are less than $6,000, the fee is 25 percent of the cost of alternative care services or the difference between 150 percent of the federal poverty guideline and the client's income less recurring and predictable medical expenses, whichever is less; and
(3) when the alternative care client's total assets are greater than $6,000, the fee is 25 percent of the cost of alternative care services.
For married persons, total assets are defined as the total marital assets less the estimated community spouse asset allowance, under section 256B.059, if applicable. For married persons, total income is defined as the client's income less the monthly spousal allotment, under section 256B.058.
All alternative care services except case management shall be included in the estimated costs for the purpose of determining 25 percent of the costs.
The monthly premium shall be calculated and be payable in
the based on the cost of the first full month in
which the of alternative care services begin
and shall continue unaltered for six months until the
semiannual reassessment unless the actual cost of services falls
below the fee until the next reassessment is completed or
at the end of 12 months, whichever comes first. Premiums are due
and payable each month alternative care services are received
unless the actual cost of the services is less than the
premium.
(b) The fee shall be waived by the commissioner when:
(1) a person who is residing in a nursing facility is receiving case management only;
(2) a person is applying for medical assistance;
(3) a married couple is requesting an asset assessment under the spousal impoverishment provisions;
(4) a person is a medical assistance recipient, but has been approved for alternative care-funded assisted living services;
(5) a person is found eligible for alternative care, but is not yet receiving alternative care services; or
(6) a person is an adult foster care resident for whom
alternative care funds are being used to meet a portion of the
person's medical assistance spenddown, as authorized in
subdivision 4; and
(7) a person's fee under paragraph (a) is less than
$25.
(c) The county agency must collect the premium from the client and forward the amounts collected to the commissioner in the manner and at the times prescribed by the commissioner. Money collected must be deposited in the general fund and is appropriated to the commissioner for the alternative care program. The client must supply the county with the client's social security number at the time of application. If a client fails or refuses to pay the premium due, the county shall supply the commissioner with the client's social security number and other information the commissioner requires to collect the premium from the client. The commissioner shall collect unpaid premiums using the revenue recapture act in chapter 270A and other methods available to the commissioner. The commissioner may require counties to inform clients of the collection procedures that may be used by the state if a premium is not paid.
(d) The commissioner shall begin to adopt emergency or permanent rules governing client premiums within 30 days after July 1, 1991, including criteria for determining when services to a client must be terminated due to failure to pay a premium.
Sec. 63. Minnesota Statutes 1994, section 256B.0913, subdivision 14, is amended to read:
Subd. 14. [REIMBURSEMENT AND RATE ADJUSTMENTS.] (a)
Reimbursement for expenditures for the alternative care services
as approved by the client's case manager shall be through
the invoice processing procedures of the department's Medicaid
Management Information System (MMIS), only with the approval
of the client's case manager. To receive reimbursement, the
county or vendor must submit invoices within 120 days
12 months following the month date of
service. The county agency and its vendors under contract shall
not be reimbursed for services which exceed the county
allocation.
(b) If a county collects less than 50 percent of the client premiums due under subdivision 12, the commissioner may withhold up to three percent of the county's final alternative care program allocation determined under subdivisions 10 and 11.
(c) Beginning July 1, 1991, the state will reimburse counties, up to the limits of state appropriations, according to the payment schedule in section 256.025 for the county share of costs incurred under this subdivision on or after January 1, 1991, for individuals who would be eligible for medical assistance within 180 days of admission to a nursing home.
(d) For fiscal years beginning on or after July 1, 1993, the commissioner of human services shall not provide automatic annual inflation adjustments for alternative care services. The commissioner of finance shall include as a budget change request in each biennial detailed expenditure budget submitted to the legislature under section 16A.11 annual adjustments in reimbursement rates for alternative care services based on the forecasted percentage change in the Home Health Agency Market Basket of Operating Costs, for the fiscal year beginning July 1, compared to the previous fiscal year, unless otherwise adjusted by statute. The Home Health Agency Market Basket of Operating Costs is published by Data Resources, Inc. The forecast to be used is the one published for the calendar quarter beginning January 1, six months prior to the beginning of the fiscal year for which rates are set.
(e) The county shall negotiate individual rates with vendors and may be reimbursed for actual costs up to the greater of the county's current approved rate or 60 percent of the maximum rate in fiscal year 1994 and 65 percent of the maximum rate in fiscal year 1995 for each alternative care service. Notwithstanding any other rule or statutory provision to the contrary, the commissioner shall not be authorized to increase rates by an annual inflation factor, unless so authorized by the legislature.
(f) On July 1, 1993, the commissioner shall increase the maximum rate for home delivered meals to $4.50 per meal.
Sec. 64. Minnesota Statutes 1994, section 256B.0913, is amended by adding a subdivision to read:
Subd. 15. [SERVICE ALLOWANCE FUND AVAILABILITY.] (a) Effective July 1, 1996, the commissioner may use alternative care funds for services to high function class A persons as defined in section 144.0721, subdivision 3, clause (2). The county alternative care grant allocation will be supplemented with a special allocation amount based on the projected number of eligible high function class A's and computed on the basis of $240 per month per projected eligible person. Individual monthly expenditures under the service allowance option are permitted to be either greater or less than the amount of $240 per month based on individual need. County allocations shall be adjusted periodically based on the actual provision of services to high function class A persons.
(b) Counties shall have the option of providing services, cash service allowances, vouchers, or a combination of these options to high function class A persons defined in section 144.0721, subdivision 3, clause (2). High function class A persons may choose services from among the categories of services listed under section 256B.0913, subdivision 5, except for case management services.
(c) If the allocation to a county is not sufficient to serve all persons who qualify for alternative care services, the county is not required to provide any alternative care services to a high function class A person but shall establish a waiting list to provide services as funding becomes available.
Sec. 65. Minnesota Statutes 1994, section 256B.0915, subdivision 2, is amended to read:
Subd. 2. [SPOUSAL IMPOVERISHMENT POLICIES.] The commissioner
shall seek to amend the federal waiver and the medical assistance
state plan to allow spousal impoverishment criteria as authorized
in Code of Federal Regulations, title 42, section
435.726(1924) under United States Code, title 42, section
1396r-5, and as implemented in sections 256B.0575, 256B.058,
and 256B.059 to be applied to persons who are screened and
determined to need a nursing facility level of care,
except that the amendment shall seek to add to the personal needs
allowance permitted in section 256B.0575, an amount equivalent to
the group residential housing rate as set by section 256I.03,
subdivision 5.
Sec. 66. Minnesota Statutes 1994, section 256B.0915, subdivision 3, is amended to read:
Subd. 3. [LIMITS OF CASES, RATES, REIMBURSEMENT, AND FORECASTING.] (a) The number of medical assistance waiver recipients that a county may serve must be allocated according to the number of medical assistance waiver cases open on July 1 of each fiscal year. Additional recipients may be served with the approval of the commissioner.
(b) The monthly limit for the cost of waivered services to an individual waiver client shall be the statewide average payment rate of the case mix resident class to which the waiver client would be assigned under medical assistance case mix reimbursement system. If medical supplies and equipment or adaptations are or will be purchased for an elderly waiver services recipient, the costs may be prorated on a monthly basis throughout the year in which they are purchased. If the monthly cost of a recipient's other waivered services exceeds the monthly limit established in this paragraph, the annual cost of the waivered services shall be determined. In this event, the annual cost of waivered services shall not exceed 12 times the monthly limit calculated in this paragraph. The statewide average payment rate is calculated by determining the statewide average monthly nursing home rate effective July 1 of the fiscal year in which the cost is incurred, less the statewide average monthly income of nursing home residents who are age 65 or older, and who are medical assistance recipients in the month of March of the previous state fiscal year. The annual cost divided by 12 of elderly or disabled waivered services for a person who is a nursing facility resident at the time of requesting a determination of eligibility for elderly or disabled waivered services shall not exceed the monthly payment for the resident class assigned under Minnesota Rules, parts 9549.0050 to 9549.0059 for that resident in the nursing facility where the resident currently resides. The following costs must be included in determining the total monthly costs for the waiver client:
(1) cost of all waivered services, including extended medical supplies and equipment; and
(2) cost of skilled nursing, home health aide, and personal care services reimbursable by medical assistance.
(c) Medical assistance funding for skilled nursing services, home health aide, and personal care services for waiver recipients must be approved by the case manager and included in the individual care plan.
(d) Expenditures for extended medical supplies and equipment that cost over $150 per month for both the elderly waiver and the disabled waiver must have the commissioner's prior approval. A county is not required to contract with a provider of supplies and equipment if the monthly cost of the supplies or equipment is less than $250.
(e) For the fiscal year beginning on July 1, 1993, and for subsequent fiscal years, the commissioner of human services shall not provide automatic annual inflation adjustments for home and community-based waivered services. The commissioner of finance shall include as a budget change request in each biennial detailed expenditure budget submitted to the legislature under section 16A.11 annual adjustments in reimbursement rates for home and community-based waivered services, based on the forecasted percentage change in the Home Health Agency Market Basket of Operating Costs, for the fiscal year beginning July 1, compared to the previous fiscal year, unless otherwise adjusted by statute. The Home Health Agency Market Basket of Operating Costs is published by Data Resources, Inc. The forecast to be used is the one published for the calendar quarter beginning January 1, six months prior to the beginning of the fiscal year for which rates are set. The adult foster care rate shall be considered a difficulty of care payment and shall not include room and board.
(f) The adult foster care daily rate for the elderly and
disabled waivers shall be negotiated between the county agency
and the foster care provider. The rate established under this
section shall not exceed the state average monthly nursing home
payment for the case mix classification to which the individual
receiving foster care is assigned, and it; the rate
must allow for other waiver and medical assistance home care
services to be authorized by the case manager.
(g) The assisted living and residential care service rates for
elderly and disabled community alternatives and
disabled individuals (CADI) waivers shall be made to the
vendor as a monthly rate negotiated with the county agency. The
rate shall not exceed the nonfederal share of the greater of
either the statewide or any of the geographic groups' weighted
average monthly medical assistance nursing facility payment rate
of the case mix resident class to which the elderly or disabled
client would be assigned under Minnesota Rules, parts 9549.0050
to 9549.0059, except. For alternative care
assisted living projects established under Laws 1988, chapter
689, article 2, section 256, whose monthly rates
may not exceed 65 percent of the greater of either the statewide
or any of the geographic groups' weighted average monthly medical
assistance nursing facility payment rate for the case mix
resident class to which the elderly or disabled client would be
assigned under Minnesota Rules, parts 9549.0050 to 9549.0059.
The rate may not cover direct rent or food costs.
(h) The county shall negotiate individual rates with vendors and may be reimbursed for actual costs up to the greater of the county's current approved rate or 60 percent of the maximum rate in fiscal year 1994 and 65 percent of the maximum rate in fiscal year 1995 for each service within each program.
(i) On July 1, 1993, the commissioner shall increase the maximum rate for home-delivered meals to $4.50 per meal.
(j) Reimbursement for the medical assistance recipients under the approved waiver shall be made from the medical assistance account through the invoice processing procedures of the department's Medicaid Management Information System (MMIS), only with the approval of the client's case manager. The budget for the state share of the Medicaid expenditures shall be forecasted with the medical assistance budget, and shall be consistent with the approved waiver.
(k) Beginning July 1, 1991, the state shall reimburse counties according to the payment schedule in section 256.025 for the county share of costs incurred under this subdivision on or after January 1, 1991, for individuals who are receiving medical assistance.
Sec. 67. Minnesota Statutes 1994, section 256B.0915, subdivision 5, is amended to read:
Subd. 5. [REASSESSMENTS FOR WAIVER CLIENTS.] A reassessment of
a client served under the elderly or disabled waiver must be
conducted at least every six 12 months and at other
times when the case manager determines that there has been
significant change in the client's functioning. This may include
instances where the client is discharged from the hospital.
Sec. 68. Minnesota Statutes 1994, section 256B.0915, is amended by adding a subdivision to read:
Subd. 6. [IMPLEMENTATION OF CARE PLAN.] If the county administering waivered services is different than the county of financial responsibility, the care plan may be implemented without the approval of the county of financial responsibility.
Sec. 69. Minnesota Statutes 1994, section 256B.093, subdivision 1, is amended to read:
Subdivision 1. [STATE TRAUMATIC BRAIN INJURY PROGRAM.] The commissioner of human services shall:
(1) establish and maintain a statewide traumatic
brain injury program;
(2) designate a full-time position to supervise and coordinate services and policies for persons with traumatic brain injuries;
(3) contract with qualified agencies or employ staff to provide statewide administrative case management and consultation;
(4) establish maintain an advisory committee to
provide recommendations in a report reports to the
commissioner regarding program and service needs of persons with
traumatic brain injuries. The advisory committee shall consist
of no less than ten members and no more than 30 members. The
commissioner shall appoint all advisory committee members to one-
or two-year terms and appoint one member as chair; and
(5) investigate the need for the development of rules or
statutes for:
(i) the traumatic brain injury home and
community-based services waiver; and
(ii) traumatic brain injury services not covered by any
other statute or rule (6) investigate present and
potential models of service coordination which can be delivered
at the local level.
Sec. 70. Minnesota Statutes 1994, section 256B.093, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] Persons eligible for traumatic brain
injury administrative case management and consultation
must be eligible medical assistance recipients who have traumatic
or certain acquired brain injury and:
(1) are at risk of institutionalization; or
(2) exceed limits established by the commissioner in section
256B.0627, subdivision 5, paragraph (b).
Sec. 71. Minnesota Statutes 1994, section 256B.093, subdivision 3, is amended to read:
Subd. 3. [TRAUMATIC BRAIN INJURY PROGRAM DUTIES.] The department shall fund administrative case management under this subdivision using medical assistance administrative funds. The traumatic brain injury program duties include:
(1) assessing the person's individual needs for services
required to prevent institutionalization;
(2) ensuring that a care plan that addresses the person's
needs is developed, implemented, and monitored on an ongoing
basis by the appropriate agency or individual;
(3) assisting the person in obtaining services necessary to
allow the person to remain in the community;
(4) coordinating home care services with other medical
assistance services under section 256B.0625;
(5) ensuring appropriate, accessible, and cost-effective
medical assistance services;
(6) recommending to the commissioner the approval or denial
of the use of medical assistance funds to pay for home care
services when home care services exceed thresholds established by
the commissioner under section 256B.0627;
(7) assisting the person with problems related to the
provision of home care services;
(8) ensuring the quality of home care services;
(9) reassessing the person's need for and level of home care
services at a frequency determined by the commissioner;
(10) (1) recommending to the commissioner the
approval or denial of medical assistance funds to pay for
out-of-state placements for traumatic brain injury services and
in-state traumatic brain injury services provided by designated
Medicare long-term care hospitals;
(11) (2) coordinating the traumatic brain injury
home and community-based waiver; and
(12) (3) approving traumatic brain injury waiver
eligibility or care plans or both;
(4) providing ongoing technical assistance and consultation to county and facility case managers to facilitate care plan development for appropriate, accessible, and cost-effective medical assistance services;
(5) providing technical assistance to promote statewide development of appropriate, accessible, and cost-effective medical assistance services and related policy;
(6) providing training and outreach to facilitate access to appropriate home and community-based services to prevent institutionalization;
(7) facilitating appropriate admissions, continued stay review, discharges, and utilization review for neurobehavioral hospitals and other specialized institutions;
(8) providing technical assistance on the use of prior authorization of home care services and coordination of these services with other medical assistance services;
(9) developing a system for identification of nursing facility and hospital residents with traumatic brain injury to assist in long-term planning for medical assistance services. Factors will include, but are not limited to, number of individuals served, length of stay, services received, and barriers to community placement; and
(10) providing information, referral, and case consultation to access medical assistance services for recipients without a county or facility case manager. Direct access to this assistance may be limited due to the regional structure of the program.
Sec. 72. Minnesota Statutes 1994, section 256B.093, is amended by adding a subdivision to read:
Subd. 3a. [TRAUMATIC BRAIN INJURY CASE MANAGEMENT SERVICES.] The annual appropriation established under section 171.29, subdivision 2, paragraph (b), clause (5), shall be used for traumatic brain injury program services that include, but are not limited to:
(1) collaborating with counties, providers, and other public and private organizations to expand and strengthen local capacity for delivering needed services and supports, including efforts to increase access to supportive residential housing options;
(2) participating in planning and accessing services not otherwise covered in subdivision 3 to allow individuals to attain and maintain community-based services;
(3) providing information, referral, and case consultation to access health and human services for persons with traumatic brain injury not eligible for medical assistance, though direct access to this assistance may be limited due to the regional structure of the program; and
(4) collaborating on injury prevention efforts.
Sec. 73. Minnesota Statutes 1994, section 256B.15, subdivision 1a, is amended to read:
Subd. 1a. [ESTATES SUBJECT TO CLAIMS.] If a person receives any medical assistance hereunder, on the person's death, if single, or on the death of the survivor of a married couple, either or both of whom received medical assistance, the total amount paid for medical assistance rendered for the person and spouse shall be filed as a claim against the estate of the person or the estate of the surviving spouse in the court having jurisdiction to probate the estate.
A claim shall be filed if medical assistance was rendered for either or both persons under one of the following circumstances:
(a) the person was over 65 55 years of age, and
received services under this chapter, excluding alternative
care;
(b) the person resided in a medical institution for six months or longer, received services under this chapter excluding alternative care, and, at the time of institutionalization or application for medical assistance, whichever is later, the person could not have reasonably been expected to be discharged and returned home, as certified in writing by the person's treating physician. For purposes of this section only, a "medical institution" means a skilled nursing facility, intermediate care facility, intermediate care facility for persons with mental retardation, nursing facility, or inpatient hospital; or
(c) the person received general assistance medical care services under chapter 256D.
The claim shall be considered an expense of the last illness of the decedent for the purpose of section 524.3-805. Any statute of limitations that purports to limit any county agency or the state agency, or both, to recover for medical assistance granted hereunder shall not apply to any claim made hereunder for reimbursement for any medical assistance granted hereunder. Notice of the claim shall be given to all heirs and devisees of the decedent whose identity can be ascertained with reasonable diligence. The notice must include procedures and instructions for making an application for a hardship waiver under subdivision 5; time frames for submitting an application and determination; and information regarding appeal rights and procedures. Counties are entitled to one-half of the nonfederal share of medical assistance collections from estates that are directly attributable to county effort.
Sec. 74. Minnesota Statutes 1994, section 256B.15, subdivision 2, is amended to read:
Subd. 2. [LIMITATIONS ON CLAIMS.] The claim shall include only
the total amount of medical assistance rendered after age
65 55 or during a period of institutionalization
described in subdivision 1a, clause (b), and the total amount of
general assistance medical care rendered, and shall not include
interest. Claims that have been allowed but not paid shall bear
interest according to section 524.3-806, paragraph (d). A claim
against the estate of a surviving spouse who did not receive
medical assistance, for medical assistance rendered for the
predeceased spouse, is limited to the value of the assets of the
estate that were marital property or jointly owned property at
any time during the marriage.
Sec. 75. Minnesota Statutes 1994, section 256B.15, is amended by adding a subdivision to read:
Subd. 5. [UNDUE HARDSHIP.] Any person entitled to notice in subdivision 1a has a right to apply for waiver of the claim based upon undue hardship. Any claim pursuant to this section may be fully or partially waived because of undue hardship. Undue hardship does not include action taken by the decedent which divested or diverted assets in order to avoid estate recovery. Any waiver of a claim must benefit the person claiming undue hardship.
Sec. 76. Minnesota Statutes 1994, section 256B.19, subdivision 1c, is amended to read:
Subd. 1c. [ADDITIONAL PORTION OF NONFEDERAL SHARE.] In
addition to any payment required under subdivision 1b, Hennepin
county and the University of Minnesota shall be
responsible for a monthly transfer payment of $1,000,000
$1,500,000, due before noon on the 15th of each month
and the University of Minnesota shall be
responsible for a monthly transfer payment of $500,000 due before
noon on the 15th of each month, beginning July 15,
1993 1995. These sums shall be part of the
designated governmental unit's portion of the nonfederal share of
medical assistance costs, but shall not be subject to payback
provisions of section 256.025.
Sec. 77. Minnesota Statutes 1994, section 256B.431, subdivision 2b, is amended to read:
Subd. 2b. [OPERATING COSTS, AFTER JULY 1, 1985.] (a) For rate years beginning on or after July 1, 1985, the commissioner shall establish procedures for determining per diem reimbursement for operating costs.
(b) The commissioner shall contract with an econometric firm with recognized expertise in and access to national economic change indices that can be applied to the appropriate cost categories when determining the operating cost payment rate.
(c) The commissioner shall analyze and evaluate each nursing facility's cost report of allowable operating costs incurred by the nursing facility during the reporting year immediately preceding the rate year for which the payment rate becomes effective.
(d) The commissioner shall establish limits on actual allowable historical operating cost per diems based on cost reports of allowable operating costs for the reporting year that begins October 1, 1983, taking into consideration relevant factors including resident needs, geographic location, size of the nursing facility, and the costs that must be incurred for the care of residents in an efficiently and economically operated nursing facility. In developing the geographic groups for purposes of reimbursement under this section, the commissioner shall ensure that nursing facilities in any county contiguous to the Minneapolis-St. Paul seven-county metropolitan area are included in the same geographic group. The limits established by the commissioner shall not be less, in the aggregate, than the 60th percentile of total actual allowable historical operating cost per diems for each group of nursing facilities established under subdivision 1 based on cost reports of allowable operating costs in the previous reporting year. For rate years beginning on or after July 1, 1989, facilities located in geographic group I as described in Minnesota Rules, part 9549.0052, on January 1, 1989, may choose to have the commissioner apply either the care related limits or the other operating cost limits calculated for facilities located in geographic group II, or both, if either of the limits calculated for the group II facilities is higher. The efficiency incentive for geographic group I nursing facilities must be calculated based on geographic group I limits. The phase-in must be established utilizing the chosen limits. For purposes of these exceptions to the geographic grouping requirements, the definitions in Minnesota Rules, parts 9549.0050 to 9549.0059 (Emergency), and 9549.0010 to 9549.0080, apply. The limits established under this paragraph remain in effect until the commissioner establishes a new base period. Until the new base period is established, the commissioner shall adjust the limits annually using the appropriate economic change indices established in paragraph (e). In determining allowable historical operating cost per diems for purposes of setting limits and nursing facility payment rates, the commissioner shall divide the allowable historical operating costs by the actual number of resident days, except that where a nursing facility is occupied at less than 90 percent of licensed capacity days, the commissioner may establish procedures to adjust the computation of the per diem to an imputed occupancy level at or below 90 percent. The commissioner shall establish efficiency incentives as appropriate. The commissioner may establish efficiency incentives for different operating cost categories. The commissioner shall consider establishing efficiency incentives in care related cost categories. The commissioner may combine one or more operating cost categories and may use different methods for calculating payment rates for each operating cost category or combination of operating cost categories. For the rate year beginning on July 1, 1985, the commissioner shall:
(1) allow nursing facilities that have an average length of stay of 180 days or less in their skilled nursing level of care, 125 percent of the care related limit and 105 percent of the other operating cost limit established by rule; and
(2) exempt nursing facilities licensed on July 1, 1983, by the commissioner to provide residential services for the physically handicapped under Minnesota Rules, parts 9570.2000 to 9570.3600, from the care related limits and allow 105 percent of the other operating cost limit established by rule.
For the purpose of calculating the other operating cost efficiency incentive for nursing facilities referred to in clause (1) or (2), the commissioner shall use the other operating cost limit established by rule before application of the 105 percent.
(e) The commissioner shall establish a composite index or indices by determining the appropriate economic change indicators to be applied to specific operating cost categories or combination of operating cost categories.
(f) Each nursing facility shall receive an operating cost payment rate equal to the sum of the nursing facility's operating cost payment rates for each operating cost category. The operating cost payment rate for an operating cost category shall be the lesser of the nursing facility's historical operating cost in the category increased by the
appropriate index established in paragraph (e) for the operating cost category plus an efficiency incentive established pursuant to paragraph (d) or the limit for the operating cost category increased by the same index. If a nursing facility's actual historic operating costs are greater than the prospective payment rate for that rate year, there shall be no retroactive cost settle-up. In establishing payment rates for one or more operating cost categories, the commissioner may establish separate rates for different classes of residents based on their relative care needs.
(g) The commissioner shall include the reported actual real estate tax liability or payments in lieu of real estate tax of each nursing facility as an operating cost of that nursing facility. Allowable costs under this subdivision for payments made by a nonprofit nursing facility that are in lieu of real estate taxes shall not exceed the amount which the nursing facility would have paid to a city or township and county for fire, police, sanitation services, and road maintenance costs had real estate taxes been levied on that property for those purposes. For rate years beginning on or after July 1, 1987, the reported actual real estate tax liability or payments in lieu of real estate tax of nursing facilities shall be adjusted to include an amount equal to one-half of the dollar change in real estate taxes from the prior year. The commissioner shall include a reported actual special assessment, and reported actual license fees required by the Minnesota department of health, for each nursing facility as an operating cost of that nursing facility. For rate years beginning on or after July 1, 1989, the commissioner shall include a nursing facility's reported public employee retirement act contribution for the reporting year as apportioned to the care-related operating cost categories and other operating cost categories multiplied by the appropriate composite index or indices established pursuant to paragraph (e) as costs under this paragraph. Total adjusted real estate tax liability, payments in lieu of real estate tax, actual special assessments paid, the indexed public employee retirement act contribution, and license fees paid as required by the Minnesota department of health, for each nursing facility (1) shall be divided by actual resident days in order to compute the operating cost payment rate for this operating cost category, (2) shall not be used to compute the care-related operating cost limits or other operating cost limits established by the commissioner, and (3) shall not be increased by the composite index or indices established pursuant to paragraph (e), unless otherwise indicated in this paragraph.
(h) For rate years beginning on or after July 1, 1987, the commissioner shall adjust the rates of a nursing facility that meets the criteria for the special dietary needs of its residents and the requirements in section 31.651. The adjustment for raw food cost shall be the difference between the nursing facility's allowable historical raw food cost per diem and 115 percent of the median historical allowable raw food cost per diem of the corresponding geographic group.
The rate adjustment shall be reduced by the applicable phase-in percentage as provided under subdivision 2h.
(i) For the cost report year ending September 30, 1996, and for all subsequent reporting years, certified nursing facilities must identify, differentiate, and record resident day statistics for residents in case mix classification A who, on or after July 1, 1996, meet the modified level of care criteria in section 144.0721. The resident day statistics shall be separated into case mix classification A-1 for any resident day meeting the high-function class A level of care criteria and case mix classification A-2 for other case mix class A resident days.
Sec. 78. Minnesota Statutes 1994, section 256B.49, subdivision 1, is amended to read:
Subdivision 1. [STUDY; WAIVER APPLICATION.] The commissioner shall authorize a study to assess the need for home and community-based waivers for chronically ill children who have been and will continue to be hospitalized without a waiver, and for disabled individuals under the age of 65 who are likely to reside in an acute care or nursing home facility in the absence of a waiver. If a need for these waivers can be demonstrated, the commissioner shall apply for federal waivers necessary to secure, to the extent allowed by law, federal participation under United States Code, title 42, sections 1396-1396p, as amended through December 31, 1982, for the provision of home and community-based services to chronically ill children who, in the absence of such a waiver, would remain in an acute care setting, and to disabled individuals under the age of 65 who, in the absence of a waiver, would reside in an acute care or nursing home setting. If the need is demonstrated, the commissioner shall request a waiver under United States Code, title 42, sections 1396-1396p, to allow medicaid eligibility for blind or disabled children with ineligible parents where income deemed from the parents would cause the applicant to be ineligible for supplemental security income if the family shared a household and to furnish necessary services in the home or community to disabled individuals under the age of 65 who would be eligible for medicaid if institutionalized in an acute care or nursing home setting. These waivers are requested to furnish necessary services in the home and community setting to children or disabled adults under age 65 who are medicaid eligible when institutionalized in an acute care or nursing home setting. The commissioner shall assure that the cost of home and community-based care will not be more than the cost of care if the eligible child or disabled adult under age 65 were to remain institutionalized. The commissioner shall seek to amend the federal waivers obtained under this section to apply criteria to protect against
spousal impoverishment as authorized under United States Code, title 42, section 1396r-5, and as implemented in sections 256B.0575, 256B.058, and 256B.059, except that the amendment shall seek to add to the personal needs allowance permitted in section 256B.0575, an amount equivalent to the group residential housing rate as set by section 256I.03, subdivision 5.
Sec. 79. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 3a. [COUNTY AUTHORITY.] The commissioner, when implementing the general assistance medical care or medical assistance prepayment program within a county, must include the county board in the development, approval, and issuance of the request for proposals to provide services to eligible individuals within the proposed county. County boards must be given reasonable opportunity to make recommendations regarding the development, issuance, review of responses, and changes needed in the request for proposals. The commissioner must provide county boards the opportunity to review each proposal based on the identification of community needs under chapters 145A and 256E and county advocacy activities. If a county board finds that a proposal does not address certain community needs, the county board and commissioner shall continue efforts for improving the proposal and network prior to the approval of the contract. The county board shall make recommendations regarding the approval of local networks and their operations to ensure adequate availability and access to covered services. The provider or health plan must respond directly to county advocates and the state prepaid medical assistance ombudsperson regarding service delivery and must be accountable to the state regarding contracts with medical assistance and general assistance medical care funds. The county board may recommend a maximum number of participating health plans after considering the size of the enrolling population; ensuring adequate access and capacity; considering the client and county administrative complexity; and considering the need to promote the viability of locally developed health plans. Prior to the development of the request for proposal, there shall be established a mutually agreed upon timetable. This process shall in no way delay the department's ability to secure and finalize contracts for the medical assistance prepayment program.
Sec. 80. Minnesota Statutes 1994, section 256B.69, subdivision 4, is amended to read:
Subd. 4. [LIMITATION OF CHOICE.] The commissioner shall
develop criteria to determine when limitation of choice may be
implemented in the experimental counties. The criteria shall
ensure that all eligible individuals in the county have
continuing access to the full range of medical assistance
services as specified in subdivision 6. The commissioner shall
exempt the following persons from participation in the project,
in addition to those who do not meet the criteria for limitation
of choice: (1) persons eligible for medical assistance according
to section 256B.055, subdivision 1, and children under age 21
who are in foster placement; (2) persons eligible for medical
assistance due to blindness or disability as determined by the
social security administration or the state medical review team,
unless they are 65 years of age or older; (3) recipients who
currently have private coverage through a health maintenance
organization; and (4) recipients who are eligible for
medical assistance by spending down excess income for medical
expenses other than the nursing facility per diem expense; and
(5) recipients who receive benefits under the Refugee Assistance
Program, established under United States Code, title 8, section
1522(e). Children under age 21 who are in foster placement may
enroll in the project on an elective basis. The commissioner may
allow persons with a one-month spenddown who are otherwise
eligible to enroll to voluntarily enroll or remain enrolled, if
they elect to prepay their monthly spenddown to the state.
Before limitation of choice is implemented, eligible individuals
shall be notified and after notification, shall be allowed to
choose only among demonstration providers. After initially
choosing a provider, the recipient is allowed to change that
choice only at specified times as allowed by the commissioner.
If a demonstration provider ends participation in the project for
any reason, a recipient enrolled with that provider must select a
new provider but may change providers without cause once more
within the first 60 days after enrollment with the second
provider.
Sec. 81. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 4a. [REQUIREMENTS OF REQUEST FOR PROPOSAL.] In implementing the limitation of choice for persons eligible for medical assistance according to section 256B.055, subdivision 12, hereinafter referred to as TEFRA recipients, the commissioner shall comply with the request for proposal process applicable to the prepaid medical assistance program. Notwithstanding any provision to the contrary, the commissioner shall include the following in the request for proposal issued to health plans for purposes of covering TEFRA recipients:
(1) evidence that eligibility criteria for personal care assistant services have been developed and implemented with respect to TEFRA recipients;
(2) a complete and detailed description of the benefits the health plan is responsible for providing to the TEFRA recipients;
(3) identification of the circumstances under which and the point at which the health plan covering the TEFRA recipient pursuant to this section is responsible for the costs of and delivery of benefits to the TEFRA recipient. The purpose of this information is to facilitate coordination of benefits with private health plans, including self-insured employers who are covering the TEFRA recipients. The point at which and circumstances under which the health plan is responsible must be identified and developed so as to be applied consistently to all TEFRA recipients, without regard to the level of coverage or type of benefits provided by the private health plan or self-insured employer;
(4) statistical information including the following:
(i) how many TEFRA recipients will be enrolled;
(ii) historical cost and utilization information, by type of service and diagnosis or condition, and any other data or statistics used in developing the proposed rate of payment to the health plan;
(iii) average cost per TEFRA recipient to the state;
(iv) outlier information, including diagnosis categories, cost, and the number of TEFRA recipients; and
(v) a comparison of the information in items (i) to (iv) to other medical assistance recipients or children covered in other medical assistance programs;
(5) evidence that the commissioner will permit health plans to perform all network management, utilization review, prior authorization, and other case management functions permitted pursuant to the health plans' enabling act; and
(6) actuarially valid rates of payment proposed to be paid to the health plans.
Sec. 82. Minnesota Statutes 1994, section 256B.69, subdivision 5, is amended to read:
Subd. 5. [PROSPECTIVE PER CAPITA PAYMENT.] The commissioner shall establish the method and amount of payments for services. The commissioner shall annually contract with demonstration providers to provide services consistent with these established methods and amounts for payment. Notwithstanding section 62D.02, subdivision 1, payments for services rendered as part of the project may be made to providers that are not licensed health maintenance organizations on a risk-based, prepaid capitation basis.
If allowed by the commissioner, a demonstration provider may contract with an insurer, health care provider, nonprofit health service plan corporation, or the commissioner, to provide insurance or similar protection against the cost of care provided by the demonstration provider or to provide coverage against the risks incurred by demonstration providers under this section. The recipients enrolled with a demonstration provider are a permissible group under group insurance laws and chapter 62C, the Nonprofit Health Service Plan Corporations Act. Under this type of contract, the insurer or corporation may make benefit payments to a demonstration provider for services rendered or to be rendered to a recipient. Any insurer or nonprofit health service plan corporation licensed to do business in this state is authorized to provide this insurance or similar protection.
Payments to providers participating in the project are exempt from the requirements of sections 256.966 and 256B.03, subdivision 2. The commissioner shall complete development of capitation rates for payments before delivery of services under this section is begun. For payments made during calendar year 1990 and later years, the commissioner shall contract with an independent actuary to establish prepayment rates.
The rates established in counties implementing the prepaid medical assistance program after July 1, 1995, must be set by an actuary at a level at least ten percent below the equivalent fee-for-service payments for persons under age 65 and at least five percent below equivalent fee-for-service payments for persons aged 65 and older. Savings from care provided under this section must be reported in each budget document submitted to the legislature, beginning in 1996.
By January 15, 1996, the commissioner shall report to the legislature on the methodology used to allocate to participating counties available administrative reimbursement for advocacy and enrollment costs. The report shall reflect the commissioner's judgment as to the adequacy of the funds made available and of the methodology for equitable distribution of the funds. The commissioner must involve participating counties in the development of the report.
Sec. 83. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 5a. [MANAGED CARE CONTRACTS.] Managed care contracts under this section, section 256.9363, and section 256D.03, shall be entered into or renewed on a calendar year basis beginning January 1, 1996. Managed care contracts which were in effect on June 30, 1995, and set to renew on July 1, 1995, shall be renewed for the period July 1, 1995 through December 31, 1995 at the same terms that were in effect on June 30, 1995.
Sec. 84. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 5b. [PROSPECTIVE REIMBURSEMENT RATES.] For prepaid medical assistance program rates effective beginning July 1, 1996, the commissioner shall set capitation rates for nonmetropolitan counties at 85 percent of the capitation rate for metropolitan counties, and shall adjust the capitation rate for Hennepin county to maintain overall cost neutrality for the prepaid medical assistance program.
Sec. 85. Minnesota Statutes 1994, section 256B.69, subdivision 6, is amended to read:
Subd. 6. [SERVICE DELIVERY.] (a) Each demonstration provider shall be responsible for the health care coordination for eligible individuals. Demonstration providers:
(1) shall authorize and arrange for the provision of all needed health services including but not limited to the full range of services listed in sections 256B.02, subdivision 8, and 256B.0625 and for children eligible for medical assistance under section 256B.055, subdivision 12, home care services and personal care assistant services in order to ensure appropriate health care is delivered to enrollees, except for skilled nursing home services and services of intermediate care facilities for persons with mental retardation or related conditions as defined in section 256B.0625, subdivision 2;
(2) shall accept the prospective, per capita payment from the commissioner in return for the provision of comprehensive and coordinated health care services for eligible individuals enrolled in the program;
(3) may contract with other health care and social service practitioners to provide services to enrollees; and
(4) shall institute recipient grievance procedures according to the method established by the project, utilizing applicable requirements of chapter 62D. Disputes not resolved through this process shall be appealable to the commissioner as provided in subdivision 11.
(b) Demonstration providers must comply with the standards for claims settlement under section 72A.201, subdivisions 4, 5, 7, and 8, when contracting with other health care and social service practitioners to provide services to enrollees. A demonstration provider must pay a clean claim, as defined in Code of Federal Regulations, title 42, section 447.45(b), within 30 business days of the date of acceptance of the claim.
Sec. 86. Minnesota Statutes 1994, section 256B.69, subdivision 9, is amended to read:
Subd. 9. [REPORTING.] Each demonstration provider shall submit information as required by the commissioner, including data required for assessing client satisfaction, quality of care, cost, and utilization of services for purposes of project evaluation. The commissioner shall also develop methods of data collection from county advocacy activities in order to provide aggregate enrollee information on encounters and outcomes to determine access and quality assurance. Required information shall be specified before the commissioner contracts with a demonstration provider.
Sec. 87. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 18. [SERVICES PENDING APPEAL.] If the recipient appeals in writing to the state agency on or before the tenth day after the decision of the prepaid health plan to reduce, suspend, or terminate services which the recipient had been receiving, and the treating physician or another plan physician orders the services to be continued at the previous level, the prepaid health plan must continue to provide services at a level equal to the level ordered by the plan's physician until the state agency renders its decision.
Sec. 88. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 19. [IMPACT ON PUBLIC OR TEACHING HOSPITALS AND COMMUNITY CLINICS.] Before implementing prepaid programs in counties with a county operated or affiliated public teaching hospital or a hospital or clinic operated by the University of Minnesota, the commissioner shall consider the risks the prepaid program creates for the hospital.
Sec. 89. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 20. [LIMITATION ON REIMBURSEMENT TO PROVIDERS NOT AFFILIATED WITH A PREPAID HEALTH PLAN.] A prepaid health plan may limit any reimbursement it may be required to pay to providers not employed by or under contract with the prepaid health plan to the medical assistance rates for medical assistance enrollees, and the general assistance medical care rates for general assistance medical care enrollees, paid by the commissioner of human services to providers for services to recipients not enrolled in a prepaid health plan.
Sec. 90. [256B.691] [RISK-BASED TRANSPORTATION PAYMENTS.]
Any contract with a prepaid health plan under the medical assistance, general assistance medical care, or MinnesotaCare program that requires the health plan to cover transportation services for obtaining medical care for eligible individuals who are ambulatory must provide for payment for those services on a risk basis.
Sec. 91. Minnesota Statutes 1994, section 256D.03, subdivision 3, is amended to read:
Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.] (a) General assistance medical care may be paid for any person who is not eligible for medical assistance under chapter 256B, including eligibility for medical assistance based on a spenddown of excess income according to section 256B.056, subdivision 5, and:
(1) who is receiving assistance under section 256D.05 or 256D.051, or who is having a payment made on the person's behalf under sections 256I.01 to 256I.06; or
(2)(i) who is a resident of Minnesota; and whose equity in assets is not in excess of $1,000 per assistance unit. No asset test shall be applied to children and their parents living in the same household. Exempt assets, the reduction of excess assets, and the waiver of excess assets must conform to the medical assistance program in chapter 256B, with the following exception: the maximum amount of undistributed funds in a trust that could be distributed to or on behalf of the beneficiary by the trustee, assuming the full exercise of the trustee's discretion under the terms of the trust, must be applied toward the asset maximum; and
(ii) who has countable income not in excess of the assistance standards established in section 256B.056, subdivision 4, or whose excess income is spent down pursuant to section 256B.056, subdivision 5, using a six-month budget period, except that a one-month budget period must be used for recipients residing in a long-term care facility. The method for calculating earned income disregards and deductions for a person who resides with a dependent child under age 21 shall be as specified in section 256.74, subdivision 1. However, if a disregard of $30 and one-third of the remainder described in section 256.74, subdivision 1, clause (4), has been applied to the wage earner's income, the disregard shall not be applied again until the wage earner's income has not been considered in an eligibility determination for general assistance, general assistance medical care, medical assistance, or aid to families with dependent children for 12 consecutive months. The earned income and work expense deductions for a person who does not reside with a dependent child under age 21 shall be the same as the method used to determine eligibility for a person under section 256D.06, subdivision 1, except the disregard of the first $50 of earned income is not allowed; or
(3) who would be eligible for medical assistance except that the person resides in a facility that is determined by the commissioner or the federal health care financing administration to be an institution for mental diseases.
(b) Eligibility is available for the month of application, and for three months prior to application if the person was eligible in those prior months. A redetermination of eligibility must occur every 12 months.
(c) General assistance medical care is not available for a person in a correctional facility unless the person is detained by law for less than one year in a county correctional or detention facility as a person accused or convicted of a crime, or admitted as an inpatient to a hospital on a criminal hold order, and the person is a recipient of general assistance medical care at the time the person is detained by law or admitted on a criminal hold order and as long as the person continues to meet other eligibility requirements of this subdivision.
(d) General assistance medical care is not available for applicants or recipients who do not cooperate with the county agency to meet the requirements of medical assistance.
(e) In determining the amount of assets of an individual, there
shall be included any asset or interest in an asset, including an
asset excluded under paragraph (a), that was given away, sold, or
disposed of for less than fair market value within the 30
60 months preceding application for general assistance
medical care or during the period of
eligibility. Any transfer described in this paragraph shall be presumed to have been for the purpose of establishing eligibility for general assistance medical care, unless the individual furnishes convincing evidence to establish that the transaction was exclusively for another purpose. For purposes of this paragraph, the value of the asset or interest shall be the fair market value at the time it was given away, sold, or disposed of, less the amount of compensation received. For any uncompensated transfer, the number of months of ineligibility, including partial months, shall be calculated by dividing the uncompensated transfer amount by the average monthly per person payment made by the medical assistance program to skilled nursing facilities for the previous calendar year. The individual shall remain ineligible until this fixed period has expired. The period of ineligibility may exceed 30 months, and a reapplication for benefits after 30 months from the date of the transfer shall not result in eligibility unless and until the period of ineligibility has expired. The period of ineligibility begins in the month the transfer was reported to the county agency, or if the transfer was not reported, the month in which the county agency discovered the transfer, whichever comes first. For applicants, the period of ineligibility begins on the date of the first approved application.
(f)(1) Beginning October 1, 1993, an undocumented alien or a nonimmigrant is ineligible for general assistance medical care other than emergency services. For purposes of this subdivision, a nonimmigrant is an individual in one or more of the classes listed in United States Code, title 8, section 1101(a)(15), and an undocumented alien is an individual who resides in the United States without the approval or acquiescence of the Immigration and Naturalization Service.
(2) This subdivision does not apply to a child under age 18, to a Cuban or Haitian entrant as defined in Public Law Number 96-422, section 501(e)(1) or (2)(a), or to an alien who is aged, blind, or disabled as defined in United States Code, title 42, section 1382c(a)(1).
(3) For purposes of paragraph (f), "emergency services" has the meaning given in Code of Federal Regulations, title 42, section 440.255(b)(1), except that it also means services rendered because of suspected or actual pesticide poisoning.
Sec. 92. Minnesota Statutes 1994, section 256D.03, subdivision 3b, is amended to read:
Subd. 3b. [COOPERATION.] General assistance or general assistance medical care applicants and recipients must cooperate with the state and local agency to identify potentially liable third-party payors and assist the state in obtaining third-party payments. Cooperation includes identifying any third party who may be liable for care and services provided under this chapter to the applicant, recipient, or any other family member for whom application is made and providing relevant information to assist the state in pursuing a potentially liable third party. General assistance medical care applicants and recipients must cooperate by providing information about any group health plan in which they may be eligible to enroll. They must cooperate with the state and local agency in determining if the plan is cost-effective. If the plan is determined cost-effective and the premium will be paid by the state or local agency or is available at no cost to the person, they must enroll or remain enrolled in the group health plan. Cost-effective insurance premiums approved for payment by the state agency and paid by the local agency are eligible for reimbursement according to subdivision 6.
Sec. 93. Minnesota Statutes 1994, section 256D.03, subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a) For a person who is eligible under subdivision 3, paragraph (a), clause (3), general assistance medical care covers:
(1) inpatient hospital services;
(2) outpatient hospital services;
(3) services provided by Medicare certified rehabilitation agencies;
(4) prescription drugs and other products recommended through the process established in section 256B.0625, subdivision 13;
(5) equipment necessary to administer insulin and diagnostic supplies and equipment for diabetics to monitor blood sugar level;
(6) eyeglasses and eye examinations provided by a physician or optometrist;
(7) hearing aids;
(8) prosthetic devices;
(9) laboratory and X-ray services;
(10) physician's services;
(11) medical transportation;
(12) chiropractic services as covered under the medical assistance program;
(13) podiatric services;
(14) dental services;
(15) outpatient services provided by a mental health center or clinic that is under contract with the county board and is established under section 245.62;
(16) day treatment services for mental illness provided under contract with the county board;
(17) prescribed medications for persons who have been diagnosed as mentally ill as necessary to prevent more restrictive institutionalization;
(18) case management services for a person with serious and persistent mental illness who would be eligible for medical assistance except that the person resides in an institution for mental diseases;
(19) psychological services, medical supplies and equipment, and Medicare premiums, coinsurance and deductible payments;
(20) medical equipment not specifically listed in this
paragraph when the use of the equipment will prevent the need for
costlier services that are reimbursable under this subdivision;
and
(21) services performed by a certified pediatric nurse
practitioner, a certified family nurse practitioner, a certified
adult nurse practitioner, a certified obstetric/gynecological
nurse practitioner, or a certified geriatric nurse practitioner
in independent practice, if the services are otherwise covered
under this chapter as a physician service, and if the service is
within the scope of practice of the nurse practitioner's license
as a registered nurse, as defined in section 148.171.;
and
(22) services of a certified public health nurse or a registered nurse practicing in a public health nursing clinic that is a department of, or that operates under the direct authority of, a unit of government, if the service is within the scope of practice of the public health nurse's license as a registered nurse, as defined in section 148.171.
(b) For a recipient who is eligible under subdivision 3, paragraph (a), clause (1) or (2), general assistance medical care covers the services listed in paragraph (a) with the exception of special transportation services, and nonpreventive dental services unless required as a result of an emergency. For purposes of this paragraph, "emergency" means a person requires a level of care that warrants hospital emergency department care. This level of care may be provided in a dentist's office.
(c) In order to contain costs, the commissioner of human services shall select vendors of medical care who can provide the most economical care consistent with high medical standards and shall where possible contract with organizations on a prepaid capitation basis to provide these services. The commissioner shall consider proposals by counties and vendors for prepaid health plans, competitive bidding programs, block grants, or other vendor payment mechanisms designed to provide services in an economical manner or to control utilization, with safeguards to ensure that necessary services are provided. Before implementing prepaid programs in counties with a county operated or affiliated public teaching hospital or a hospital or clinic operated by the University of Minnesota, the commissioner shall consider the risks the prepaid program creates for the hospital and allow the county or hospital the opportunity to participate in the program in a manner that reflects the risk of adverse selection and the nature of the patients served by the hospital, provided the terms of participation in the program are competitive with the terms of other participants considering the nature of the population served. Payment for services provided pursuant to this subdivision shall be as provided to medical assistance vendors of these services under sections 256B.02, subdivision 8, and 256B.0625, and for contracts beginning on or after July 1, 1995, shall be discounted ten percent from comparable fee for service payments. For payments made during fiscal year 1990 and later years, the commissioner shall consult with an independent actuary in establishing prepayment rates, but shall retain final control over the rate methodology.
(d) The commissioner of human services may reduce payments provided under sections 256D.01 to 256D.21 and 261.23 in order to remain within the amount appropriated for general assistance medical care, within the following restrictions.
For the period July 1, 1985 to December 31, 1985, reductions below the cost per service unit allowable under section 256.966, are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 30 percent; payments for all other inpatient hospital care may be reduced no more than 20 percent. Reductions below the payments allowable under general assistance medical care for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than ten percent.
For the period January 1, 1986 to December 31, 1986, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 20 percent; payments for all other inpatient hospital care may be reduced no more than 15 percent. Reductions below the payments allowable under general assistance medical care for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.
For the period January 1, 1987 to June 30, 1987, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 15 percent; payments for all other inpatient hospital care may be reduced no more than ten percent. Reductions below the payments allowable under medical assistance for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.
For the period July 1, 1987 to June 30, 1988, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 15 percent; payments for all other inpatient hospital care may be reduced no more than five percent. Reductions below the payments allowable under medical assistance for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.
For the period July 1, 1988 to June 30, 1989, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 15 percent; payments for all other inpatient hospital care may not be reduced. Reductions below the payments allowable under medical assistance for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.
There shall be no copayment required of any recipient of benefits for any services provided under this subdivision. A hospital receiving a reduced payment as a result of this section may apply the unpaid balance toward satisfaction of the hospital's bad debts.
(e) Any county may, from its own resources, provide medical payments for which state payments are not made.
(f) Chemical dependency services that are reimbursed under chapter 254B must not be reimbursed under general assistance medical care.
(g) The maximum payment for new vendors enrolled in the general assistance medical care program after the base year shall be determined from the average usual and customary charge of the same vendor type enrolled in the base year.
(h) The conditions of payment for services under this subdivision are the same as the conditions specified in rules adopted under chapter 256B governing the medical assistance program, unless otherwise provided by statute or rule.
Sec. 94. Minnesota Statutes 1994, section 256D.425, is amended by adding a subdivision to read:
Subd. 4. [COOPERATION.] To be eligible for the Minnesota supplemental aid program, applicants and recipients must cooperate with the state and local agency to identify potentially liable third-party payors and assist the state in obtaining third-party payments. Cooperation includes identifying any third party who may be liable for benefits provided under this chapter to the applicant, recipient, or any other family member for whom application is made, and providing relevant information to assist the state in pursuing a potentially liable third party.
Sec. 95. [ADVISORY TASK FORCE TO STANDARDIZE SUPPORTING DOCUMENTATION FOR PRIOR AUTHORIZATION.]
Subdivision 1. [COMPOSITION OF TASK FORCE.] A six-member advisory task force on prior authorization for physical therapy, occupational therapy, speech therapy, or related services supporting documentation shall be established. The task force shall be comprised of one licensed physiatrist, one licensed physical therapist, one licensed occupational therapist, one licensed speech therapist, one licensed rehabilitation nurse, and one consumer representative. All licensed task force members must be actively engaged in the practice of their profession in Minnesota. The members of the task force shall be appointed by the commissioner of human services. No more than three members may be of one gender. All licensed professional members shall be selected from lists submitted to the commissioner by the appropriate professional associations. Task force members who are licensed professionals shall not be compensated for their service. The consumer representative member must be compensated for time spent on task force activities as specified in section 15.059, subdivision 3. The task force shall expire on December 31, 1996.
Subd. 2. [DUTIES OF COMMISSIONER AND TASK FORCE.] The task force shall study the lists of items, specified in the issue of the medical assistance and general assistance medical care provider manual which is in effect as of the effective date of this act, that are required to be submitted by each category of provider along with the provider's request for prior authorization. The task force shall recommend to the commissioner any amendments or refinements needed to clarify the lists. The commissioner shall use the recommendations of the task force to develop standardized documentation which a provider must submit with a prior authorization request. If the commissioner intends to depart from the recommendations of the task force, the commissioner shall inform the task force of the intended departure, provide a written explanation of the reasons for the departure, and give the task force an opportunity to comment on the intended departure.
Sec. 96. [PRIOR AUTHORIZATION ALTERNATIVES; REPORT REQUIRED.]
The commissioner shall report on alternative methods, other than prior authorization, to achieve utilization review of the therapy services provided by an entity that operates a Medicare certified comprehensive outpatient rehabilitation facility which was certified prior to January 1, 1993, and that is a facility licensed under Minnesota Rules, parts 9570.2000 to 9570.3400, when these services are provided within the comprehensive outpatient rehabilitation facility and not provided in a nursing facility other than the entity's own, and by facilities licensed under Minnesota Rules, parts 9570.2000 to 9570.7400, which provide residential services for persons with physical handicaps. The commissioner must consult with these facilities to develop recommendations for alternative methods of utilization review. By February 1, 1996, the commissioner must submit the report to the health and human services committee of the house, the health care committee of the senate, and the legislative commission to review administrative rules.
Sec. 97. [MEDICAL ASSISTANCE ASSET TRANSFER AND ELIGIBILITY REQUIREMENTS.]
The commissioner of human services shall investigate and pursue all viable options for tightening the medical assistance asset transfer and eligibility requirements to restore and preserve the function of the medical assistance program as a safety net program for low-income Minnesotans who cannot afford to meet their medical needs with their own resources. Among other actions, the commissioner shall aggressively pursue waivers of federal requirements to strengthen restrictions on transfers of assets for the purposes of gaining eligibility for medical assistance.
Sec. 98. [CONTINUATION OF PILOT PROJECTS.]
The alternative care pilot projects authorized in Laws 1993, First Special Session chapter 1, article 5, section 133, shall not expire on June 30, 1995, but shall continue until June 30, 1997, except that the three percent rate increases authorized in Laws 1993, First Special Session chapter 1, article 1, section 2, subdivision 4, shall be incorporated in average monthly cost effective July 1, 1995. The commissioner shall allow additional counties at their option to implement the alternative care program within the parameters established in Laws 1993, First Special Session chapter 1, article 5, section 133. If more than five counties exercise this option, the commissioner may require counties to make this change on a phased schedule if necessary in order to implement this provision within the limit of available resources. For newly participating counties, the previous fiscal year shall be the base year.
Sec. 99. [RATE CONSOLIDATION PLAN.]
The commissioner of human services, in cooperation with counties, shall prepare an implementation plan to consolidate payment rates for alternative care services, elderly waiver services, community alternatives for disabled
individuals services, traumatic brain injury services, and comparable medical assistance services provided after June 30, 1996, that establishes a statewide rate cap for each individual service that is equal to the highest rate cap in any program for that service. The plan must be submitted to the legislature by October 1, 1995.
Sec. 100. [STUDY OF OUTPATIENT RATES.]
The commissioner of human services shall conduct a review of payment rates and methodologies for medical services that are provided on an outpatient basis. The commissioner may convene a review panel that is comprised of agency staff and staff from hospitals to assist in the review. The commissioner shall submit a report on the results of the review, along with any recommendations for changes to the payment system for outpatient services, to the governor and the legislature by January 15, 1996.
Sec. 101. [RISK ADJUSTMENT METHODOLOGY.]
Subdivision 1. [DEVELOPMENT.] The commissioner shall develop a prospective rate setting methodology for implementation on July 1, 1997. The methodology must include a risk adjustment mechanism which, at a minimum, takes into account the following factors:
(1) costs of ensuring appropriate access to health care services in nonmetropolitan counties;
(2) cost of medical education and the impact of disproportionate share;
(3) health status;
(4) statistically valid regional utilization patterns as well as population characteristics;
(5) the benefit set to be provided through the prepaid medical assistance program; and
(6) utilization demands resulting from program changes and newly created access to care.
Subd. 2. [ADVISORY GROUP.] The commissioner shall form an advisory group consisting of representatives of health plan companies, public program providers, independent actuaries, counties, and consumer representatives, to develop recommendations for a prospective rate setting methodology with a risk adjustment mechanism to be implemented by July 1, 1997. The advisory group shall include at least one representative from each of the regional coordinating boards established in section 62J.09. Fifty percent of the advisory group members must be from nonmetropolitan counties. The commissioner shall deliver a progress report to the legislature by January 31, 1996.
Sec. 102. [JOINT PURCHASER DEMONSTRATION PROJECTS.]
Subdivision 1. [DEMONSTRATION PROJECTS.] A county or counties may apply or the commissioner may solicit a demonstration project or projects for a state-county partnership as joint purchasers for services provided to eligible individuals under medical assistance, general assistance medical care, state health and social service grants, and county funds for these or other participants. Individual county staff who are employed by a publicly owned health plan that intends to respond to the request for proposal are prohibited from reviewing, critiquing, or approving any proposals submitted in accordance with this section. As part of this project, the commissioner, in cooperation with the county boards, must explore options for various purchasing models including contracting directly with providers or provider networks. The commissioner retains total responsibility for the medical assistance and general assistance medical care contracts.
Subd. 2. [OBJECTIVES.] The objective of the demonstration project is to promote the development of local provider networks; further define the county role and authorities in providing publicly reimbursed health services, including services reimbursed by the county; to provide better coordination of services; and to identify costs and methods to reduce cost-shifting.
Subd. 3. [PARTICIPATING COUNTIES.] Carlton, Cook, Koochiching, Lake, and St. Louis counties shall be a joint purchasing demonstration project, if the county boards elect to participate in the demonstration project. Anoka county shall be a joint purchasing demonstration project, if the county board elects to participate in the demonstration project.
Sec. 103. [DEMONSTRATION PROJECT TO TEST ALTERNATIVES TO DELIVERY OF SERVICES TO HIGH-RISK MEDICAL ASSISTANCE RECIPIENTS.]
Subdivision 1. [AUTHORIZATION FOR DEMONSTRATION PROJECTS.] The commissioner of human services, in cooperation with county government and the commissioner of health, upon federal waiver approval, may approve
demonstration projects to test alternatives to the delivery of health services and human services to high-risk medical assistance recipients.
Subd. 2. [PROGRAM DESIGN AND IMPLEMENTATION.] (a) The demonstration projects shall be established jointly by the commissioners and participating county boards to design and plan an improved health services delivery system for high-risk medical assistance recipients who also receive services under other publicly funded health, human services, or corrections programs. In counties where prepaid medical assistance programs have been implemented, health plan companies participating in the prepaid program shall be included in the program design. In the proposal, the county must delineate exactly which populations would be served and what enrollment procedures would be used. The projects must address one or more of the following:
(1) provide an array of health and social services that are better coordinated for persons and families now served by multiple, uncoordinated programs;
(2) be based on purchasing strategies that improve access and coordinate services without cost shifting;
(3) coordinate between provider networks or health plan companies and the community health and human services infrastructure through creative partnerships with local vendors; and
(4) utilize existing categorical funding streams and reimbursement sources in coordinated and creative ways.
(b) All projects must complete their planning phase and be operational by June 30, 1997.
Subd. 3. [PROGRAM EVALUATION.] Evaluation of each project will be based on outcome evaluation criteria negotiated with each project prior to implementation.
Subd. 4. [NOTICE OF PROJECT DISCONTINUATION.] Each project may be discontinued for any reason by the county board or the commissioner of human services, after 90 days' written notice to the other party.
Subd. 5. [PLANNING FOR DEMONSTRATION PROJECTS.] Each local plan for a demonstration project must be developed under the direction of the county board, or multiple county boards acting jointly, as the local health and human services authority. The planning process for each demonstration shall include, but not be limited to, advocates, providers, and the departments of health and human services.
Subd. 6. [DUTIES OF COMMISSIONER.] (a) For purposes of the demonstration projects, the commissioner of human services shall facilitate coordination of funds or other resources as needed and requested by each project. These resources may include: medical assistance, general assistance medical care, MinnesotaCare, and other categorical state and federal funds if requested by the county boards, and if the commissioner determines this would be consistent with the state's overall health care reform efforts.
(b) The commissioner shall consider the following criteria in awarding start-up and implementation grants for the demonstration projects:
(1) the ability of the proposed projects to accomplish the objectives described in subdivision 2;
(2) the size of the target population to be served; and
(3) geographical distribution.
(c) The commissioner shall review overall status of the projects at least every two years and recommend any legislative changes needed by January 15 of each odd-numbered year.
(d) The county board may seek a waiver of administrative procedural rules under Minnesota Statutes, section 465.797.
(e) The commissioner may exempt the participating counties from state fiscal sanctions for noncompliance with requirements in laws and rules which are incompatible with the implementation of the demonstration project.
(f) The commissioner may award grants to a county board or group of county boards to pay for start-up, implementation, and evaluation costs of the demonstration project.
Subd. 7. [DUTIES OF COUNTY BOARD.] The county board, or other entity which is approved to administer a demonstration project, shall:
(1) administer the project in a manner which is consistent with the objectives described in subdivision 2 and the planning process described in subdivision 5;
(2) ensure that no one is denied services for which they would otherwise be eligible; and
(3) provide the commissioner of human services with timely and pertinent information through the following methods:
(i) submission of community health services act, maternal and child health act, and community social services act plans and plan amendments;
(ii) submission of health and social services expenditure and grant reconciliation reports, based on a coding format to be determined by mutual agreement between the project's managing entity and the commissioner; and
(iii) submission of data and participation in an evaluation of the demonstration projects, to be designed cooperatively by the commissioner and the projects.
Sec. 104. [TASK FORCE FOR HOME CARE SERVICES.]
The commissioner shall appoint a home care services task force to recommend changes to medical assistance home care services as alternatives to the home care changes to take effect July 1, 1996, Minnesota Statutes, sections 256B.0625, subdivisions 6a, 7, and 19a; 256B.0627; and 256B.0628, which will reduce projected growth for the 1996-1997 biennium to no more than five percent over 1995 projected expenditures as described in the November 1994 medical assistance forecast, department of human services. The recommendations shall include proposals for independent delivery models for personal care assistant services. The task force shall be comprised of home care services recipients, providers, advocates, staff from the departments of human services, health, finance, the attorney general's office, in addition to the chairs of the health and human services finance committees of both houses of the legislature or their representatives. The recommendations shall be completed by September 30, 1995, and presented to the next session, including a special session, of the Minnesota legislature.
Sec. 105. [COMMISSIONER'S DUTIES.]
The commission shall report to the legislature by December 15, 1995, on developing alternative ways to restructure the personal care assistant program and on developing new programs to serve segments of this population with needed services.
Sec. 106. [INSURANCE STUDY.]
The Minnesota health care commission shall report to the legislature by January 15, 1996, recommendations to improve coverage through private health plans, the Minnesota comprehensive health association, and other public or private programs for children with significant disabilities.
Sec. 107. [TEFRA MANAGED CARE ADVISORY COMMITTEE AND PROGRESS REPORT.]
Subdivision 1. [ADVISORY COMMITTEE.] The commissioner shall appoint an advisory committee to assist with the development of managed care for children eligible for medical assistance under Minnesota Statutes, section 256B.055, subdivision 12. The advisory committee shall include representatives of parents, advocates, health plan companies, health care providers serving the children, counties, and other other interested persons.
Subd. 2. [PROGRESS REPORT.] The commission shall report to the legislature by December 15, 1995, regarding progress toward implementing managed care. The report shall make recommendations regarding the following: any law changes needed for effective implementation; how to coordinate with other insurance coverage the families may have; how managed care plans would operate as to varying coverage; what services would be available, including any gaps under managed care plans; and whether going to managed care results in cost savings to the state.
Sec. 108. [REPEALER.]
Minnesota Statutes 1994, sections 62C.141; 62C.143; 62D.106; 62E.04, subdivisions 9 and 10; 252.27, subdivision 2c; and 256.969, subdivision 24, are repealed.
Sec. 109. [EFFECTIVE DATES.]
Subdivision 1. The amendments to section 256B.15, subdivisions 1a and 2, relating only to the age of a medical assistance recipient for purposes of estate claims, are effective for persons who are between the ages of 55 and 64 on or after July 1, 1995, for the total amount of medical assistance rendered on or after July 1, 1995.
Subd. 2. Minnesota Statutes, section 256B.056, subdivision 3b, is effective retroactive to October 1, 1993.
Subd. 3. Minnesota Statutes, section 256B.0595, subdivisions 1, 2, 3, and 4, are effective retroactive to October 1, 1993, except that portion amending Minnesota Statutes, section 256B.0595, subdivision 2, paragraph (c), is effective retroactive to transfers of income or assets made on or after September 1994.
Subd. 4. The amendment to Minnesota Statutes, section 256B.69, subdivision 4, requiring children eligible for medical assistance under section 256B.055, subdivision 12, to participate in managed care is effective July 1, 1996.
Subd. 5. The amendment to Minnesota Statutes, section 256B.69, subdivision 6, expanding services under managed care to include home care services and personal care assistant services for certain recipients is effective July 1, 1996.
Subd. 6. Minnesota Statutes, section 256B.0625, subdivision 19a, is effective July 1, 1996.
Subd. 7. Minnesota Statutes, section 256B.0627, subdivision 1:
paragraph (c), is effective January 1, 1996, except the deletions relating to responsible party are effective July 1, 1996;
paragraph (d), the deletion of the definition of responsible party is effective July 1, 1996; and
paragraph (d), the new language and paragraph (e), the new language are effective July 1, 1995.
Subd. 8. Minnesota Statutes, section 256B.0627, subdivision 2, clause (6), is effective January 1, 1996.
Subd. 9. Minnesota Statutes, section 256B.0627, subdivision 4:
paragraph (a), is effective July 1, 1996; and
paragraph (b), clauses (2), (3), and (11), are effective January 1, 1996; except the stricken language in clause (1) and the stricken language in the stricken clause (4), are effective July 1, 1996.
Subd. 10. Minnesota Statutes, section 256B.0627, subdivision 5:
paragraph (a), clause (2), is effective January 1, 1996;
paragraph (c) is effective January 1, 1996;
paragraph (d), clause (2)(i), the new language relating to the registered nurse supervision is effective January 1, 1996;
paragraph (d), clause (2)(i)A, B, C, D, and E, are effective July 1, 1996;
paragraph (d), clause (2)(ii), is effective July 1, 1996;
paragraph (d), clause (2)(iii), the new language relating to county public health nurse is effective January 1, 1996, and the stricken language relating to the seizure activity provision is effective July 1, 1996;
paragraph (d), clause (2), the language striking items (v) to (viii), is effective July 1, 1996;
paragraph (g), is effective January 1, 1996; and
paragraph (h), clause (2), the stricken language relating to the foster care license holder and the language in the stricken clause (3) relating to the responsible party is effective July 1, 1996, and the stricken language in the stricken clause (4) relating to foster placements made before April 1, 1992, is effective July 1, 1995.
Section 1. Minnesota Statutes 1994, section 144.0723, subdivision 1, is amended to read:
Subdivision 1. [CLIENT REIMBURSEMENT CLASSIFICATIONS.]
The commissioner of health shall establish reimbursement
classifications based upon the assessment of each client in
intermediate care facilities for the mentally retarded conducted
after December 31, 1988 1993, under section
256B.501, subdivision 3g, or under rules established by the
commissioner of human services under section 256B.501,
subdivision 3j. The reimbursement classifications
established by the commissioner must conform to the
section 256B.501, subdivision 3g, and subsequent rules
established by the commissioner of human services to set payment
rates for intermediate care facilities for the mentally retarded
beginning on or after October 1, 1990.
Sec. 2. Minnesota Statutes 1994, section 144.0723, subdivision 2, is amended to read:
Subd. 2. [NOTICE OF CLIENT REIMBURSEMENT
CLASSIFICATION.] The commissioner of health shall notify each
client and intermediate care facility for the mentally
retarded in which the client resides of the
reimbursement classification classifications
established under subdivision 1 for each client residing in
the facility. The notice must inform the client
intermediate care facility for the mentally retarded of
the classification classifications that was
are assigned, the opportunity to review the
documentation supporting the classification, the opportunity to
obtain clarification from the commissioner, and the
opportunity to request a reconsideration of the
classification any classifications assigned. The
notice of classification must be sent by first-class mail.
The individual client notices may be sent to the client's
intermediate care facility for the mentally retarded for
distribution to the client. The facility must distribute the
notice to the client's case manager and to the client or to the
client's representative. This notice must be distributed within
three working days after the facility receives the notices from
the department. For the purposes of this section,
"representative" includes the client's legal representative as
defined in Minnesota Rules, part 9525.0015, subpart 18, the
person authorized to pay the client's facility expenses, or any
other individual designated by the client.
Sec. 3. Minnesota Statutes 1994, section 144.0723, subdivision 3, is amended to read:
Subd. 3. [REQUEST FOR RECONSIDERATION.] The client,
client's representative, or the intermediate care facility
for the mentally retarded may request that the commissioner
reconsider the assigned classification. The request for
reconsideration must be submitted in writing to the commissioner
within 30 days after the receipt of the notice of client
classification. The request for reconsideration must include the
name of the client, the name and address of the facility in which
the client resides, the reasons for the reconsideration, the
requested classification changes, and documentation supporting
the requested classification. The documentation accompanying the
reconsideration request is limited to documentation establishing
that the needs of the client and services provided to the
client at the time of the assessment resulting in the
disputed classification justify a change of classification.
Sec. 4. Minnesota Statutes 1994, section 144.0723, subdivision 4, is amended to read:
Subd. 4. [ACCESS TO INFORMATION.] Annually, at the
interdisciplinary team meeting, the intermediate care facility
for the mentally retarded shall inform the client or the client's
representative and case manager of the client's most recent
classification as determined by the department of health.
Upon written request, the intermediate care facility for the
mentally retarded must give the client's case manager, the
client, or the client's representative a copy of the assessment
form and the other documentation that was given to the department
to support the assessment findings. The facility shall also
provide access to and a copy of other information from the
client's record that has been requested by or on behalf of the
client to support a client's reconsideration request. A copy of
any requested material must be provided within three working days
after the facility receives a written request for the
information. If the facility fails to provide the material
within this time, it is subject to the issuance of a correction
order and penalty assessment. Notwithstanding this section, any
order issued by the commissioner under this subdivision must
require that the facility immediately comply with the request for
information and that as of the date the order is issued, the
facility shall forfeit to the state a $100 fine the first day of
noncompliance, and an increase in the $100 fine by $50 increments
for each day the noncompliance continues.
Sec. 5. Minnesota Statutes 1994, section 144.0723, subdivision 6, is amended to read:
Subd. 6. [RECONSIDERATION.] The commissioner's reconsideration
must be made by individuals not involved in reviewing the
assessment that established the disputed classification. The
reconsideration must be based upon the initial assessment and
upon the information provided to the commissioner under
subdivisions subdivision 3 and 5.
If necessary for evaluating the reconsideration request, the
commissioner may conduct on-site reviews. At the commissioner's
discretion, the commissioner may review the reimbursement
classifications assigned to all clients in the facility.
Within 15 working days after receiving the request for
reconsideration, the commissioner shall affirm or modify the
original client classification. The original classification must
be modified if the commissioner determines that the assessment
resulting in the classification did not accurately reflect the
status of the client at the time of the assessment. The
client and the intermediate care facility for the mentally
retarded shall be notified within five working days after the
decision is made. The commissioner's decision under this
subdivision is the final administrative decision of the
agency.
Sec. 6. Minnesota Statutes 1994, section 144.562, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY FOR LICENSE CONDITION.] A hospital is
not eligible to receive a license condition for swing beds unless
(1) it either has a licensed bed capacity of less than 50 beds
defined in the federal Medicare regulations, Code of Federal
Regulations, title 42, section 482.66, or it has a licensed bed
capacity of 50 beds or more and has swing beds that were approved
for Medicare reimbursement before May 1, 1985, or it has a
licensed bed capacity of less than 65 beds and, as of the
effective date, the available nursing homes within 50 miles
have had, in the aggregate, an average occupancy
rates rate of 96 percent or higher in the
past most recent two years as documented on the
statistical reports to the department of health; and
(2) it is located in a rural area as defined in the federal
Medicare regulations, Code of Federal Regulations, title 42,
section 482.66; and (3) it agrees to utilize no more than four
hospital beds as swing beds at any one time, except that the
commissioner may approve the utilization of up to three
additional beds at the request of a hospital if. Eligible
hospitals are allowed a total of 1,460 days of swing bed use per
year, provided that no more than ten hospital beds are used as
swing beds at any one time. The commissioner of health must
approve swing bed use beyond 1,460 days as long as there are
no Medicare certified skilled nursing facility beds are
available within 25 miles of that hospital.
Sec. 7. Minnesota Statutes 1994, section 144.562, subdivision 4, is amended to read:
Subd. 4. [ISSUANCE OF LICENSE CONDITION; RENEWALS.] The commissioner of health shall issue a license condition to a hospital that complies with subdivisions 2 and 3. The license condition must be granted when the license is first issued, when it is renewed, or during the hospital's licensure year. The condition is valid for the hospital's licensure year. The license condition can be renewed at the time of the hospital's license renewal if the hospital complies with subdivisions 2 and 3 with the exception of the occupancy criteria in subdivision 2.
Sec. 8. [144.6505] [SUBACUTE CARE WAIVERS.]
Subdivision 1. [SUBACUTE CARE; WAIVER FROM STATE AND FEDERAL RULES AND REGULATIONS.] The commissioners of health and human services shall work with providers to examine state and federal rules and regulations governing the provision of care in nursing facilities and apply for federal waivers and pursue state law changes to any impediments to the provision of subacute care in skilled nursing facilities.
Subd. 2. [DEFINITION OF SUBACUTE CARE.] (a) For the purpose of this section, "subacute care" means comprehensive inpatient care, as further defined in this subdivision, designed for persons who:
(1) have or have had an acute illness or accident, or an acute exacerbation of a chronic illness, and who require a moderate level of service intensity;
(2) do not require, or no longer require, technologically intensive diagnosis or management;
(3) have concurrent medical, nursing, and discharge and/or nondischarge oriented rehabilitation objectives that are expected to be achieved within a specified time; and
(4) require interdisciplinary management.
(b) Subacute care includes goal-oriented treatment rendered immediately after, or instead of, acute hospitalization with the goal of transitioning patients towards increased independence or lower acuity level in a cost-effective environment, to treat one or more specific active complex medical conditions or to administer one or more technically complex treatments, in the context of a patient's underlying long-term conditions and overall situation.
(c) Subacute care does not generally depend heavily on high technology monitoring or complex diagnostic procedures.
(d) Subacute care requires the coordinated services of an interdisciplinary team including physicians, nurses, and other relevant professional disciplines, who are trained and knowledgeable to assess and manage these specific conditions and perform the necessary procedures.
(e) Subacute care is provided as part of a specifically defined program.
(f) Subacute care includes more intensive care than traditional nursing facility care and less intensive care than acute care and may be provided at a variety of sites, including hospitals and skilled nursing facilities.
(g) Subacute care requires recurrent patient assessment on a daily to weekly basis and review of the clinical course and treatment plan for a limited time period ranging from several days to several months, until the condition is stabilized or a predetermined treatment course is completed.
Sec. 9. Minnesota Statutes 1994, section 144A.071, subdivision 2, is amended to read:
Subd. 2. [MORATORIUM.] The commissioner of health, in coordination with the commissioner of human services, shall deny each request for new licensed or certified nursing home or certified boarding care beds except as provided in subdivision 3 or 4a, or section 144A.073. "Certified bed" means a nursing home bed or a boarding care bed certified by the commissioner of health for the purposes of the medical assistance program, under United States Code, title 42, sections 1396 et seq.
The commissioner of human services, in coordination with the commissioner of health, shall deny any request to issue a license under section 252.28 and chapter 245A to a nursing home or boarding care home, if that license would result in an increase in the medical assistance reimbursement amount.
In addition, the commissioner of health must not approve any construction project whose cost exceeds $500,000, or 25 percent of the facility's appraised value, whichever is less, unless:
(a) any construction costs exceeding the lesser of $500,000 or 25 percent of the facility's appraised value are not added to the facility's appraised value and are not included in the facility's payment rate for reimbursement under the medical assistance program; or
(b) the project:
(1) has been approved through the process described in section 144A.073;
(2) meets an exception in subdivision 3 or 4a;
(3) is necessary to correct violations of state or federal law issued by the commissioner of health;
(4) is necessary to repair or replace a portion of the facility
that was destroyed damaged by fire, lightning,
groundshifts, or other such hazards, including
environmental hazards, provided that the provisions of
subdivision 4a, clause (a), are met;
(5) as of May 1, 1992, the facility has submitted to the commissioner of health written documentation evidencing that the facility meets the "commenced construction" definition as specified in subdivision 1a, clause (d), or that substantial steps have been taken prior to April 1, 1992, relating to the construction project. "Substantial steps" require that the facility has made arrangements with outside parties relating to the construction project and include the hiring of an architect or construction firm, submission of preliminary plans to the department of health or documentation from a financial institution that financing arrangements for the construction project have been made; or
(6) is being proposed by a licensed nursing facility that is not certified to participate in the medical assistance program and will not result in new licensed or certified beds.
Prior to the final plan approval of any construction project, the commissioner of health shall be provided with an itemized cost estimate for the project construction costs. If a construction project is anticipated to be completed in phases, the total estimated cost of all phases of the project shall be submitted to the commissioner and shall be considered as one construction project. Once the construction project is completed and prior to the final clearance by the commissioner, the total project construction costs for the construction project shall be submitted to the commissioner. If the final project construction cost exceeds the dollar threshold in this subdivision, the commissioner of human services shall not recognize any of the project construction costs or the related financing costs in excess of this threshold in establishing the facility's property-related payment rate.
The dollar thresholds for construction projects are as follows: for construction projects other than those authorized in clauses (1) to (6), the dollar threshold is $500,000 or 25 percent of appraised value, whichever is less. For projects authorized after July 1, 1993, under clause (1), the dollar threshold is the cost estimate submitted with a proposal for an exception under section 144A.073, plus inflation as calculated according to section 256B.431, subdivision 3f, paragraph (a). For projects authorized under clauses (2) to (4), the dollar threshold is the itemized estimate project construction costs submitted to the commissioner of health at the time of final plan approval, plus inflation as calculated according to section 256B.431, subdivision 3f, paragraph (a).
The commissioner of health shall adopt emergency or permanent rules to implement this section or to amend the emergency rules for granting exceptions to the moratorium on nursing homes under section 144A.073. The authority to adopt emergency rules continues to December 30, 1992.
Sec. 10. Minnesota Statutes 1994, section 144A.071, subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS AUTHORIZING AN INCREASE IN BEDS.] The commissioner of health, in coordination with the commissioner of human services, may approve the addition of a new certified bed or the addition of a new licensed nursing home bed, under the following conditions:
(a) to license or certify a new bed in place of one decertified after July 1, 1993, as long as the number of certified plus newly certified or recertified beds does not exceed the number of beds licensed or certified on July 1, 1993, or to address an extreme hardship situation, in a particular county that, together with all contiguous Minnesota counties, has fewer nursing home beds per 1,000 elderly than the number that is ten percent higher than the national average of nursing home beds per 1,000 elderly individuals. For the purposes of this section, the national average of nursing home beds shall be the most recent figure that can be supplied by the federal health care financing administration and the number of elderly in the county or the nation shall be determined by the most recent federal census or the most recent estimate of the state demographer as of July 1, of each year of persons age 65 and older, whichever is the most recent at the time of the request for replacement. An extreme hardship situation can only be found after the county documents the existence of unmet medical needs that cannot be addressed by any other alternatives;
(b) to certify or license new beds in a new facility that is to
be operated by the commissioner of veterans affairs or when the
costs of constructing and operating the new beds are to be
reimbursed by the commissioner of veterans affairs or the United
States Veterans Administration; or
(c) to license or certify beds in a facility that has been involuntarily delicensed or decertified for participation in the medical assistance program, provided that an application for relicensure or recertification is submitted to the commissioner within 120 days after delicensure or decertification; or
(d) to certify two existing beds in a facility with 66 licensed beds on January 1, 1994, that had an average occupancy rate of 98 percent or higher in both calendar years 1992 and 1993, and which began construction of four attached assisted living units in April 1993.
Sec. 11. Minnesota Statutes 1994, section 144A.071, subdivision 4a, is amended to read:
Subd. 4a. [EXCEPTIONS FOR REPLACEMENT BEDS.] It is in the best interest of the state to ensure that nursing homes and boarding care homes continue to meet the physical plant licensing and certification requirements by permitting certain construction projects. Facilities should be maintained in condition to satisfy the physical and emotional needs of residents while allowing the state to maintain control over nursing home expenditure growth.
The commissioner of health in coordination with the commissioner of human services, may approve the renovation, replacement, upgrading, or relocation of a nursing home or boarding care home, under the following conditions:
(a) to license or certify beds in a new facility constructed to replace a facility or to make repairs in an existing facility that was destroyed or damaged after June 30, 1987, by fire, lightning, or other hazard provided:
(i) destruction was not caused by the intentional act of or at the direction of a controlling person of the facility;
(ii) at the time the facility was destroyed or damaged the controlling persons of the facility maintained insurance coverage for the type of hazard that occurred in an amount that a reasonable person would conclude was adequate;
(iii) the net proceeds from an insurance settlement for the damages caused by the hazard are applied to the cost of the new facility or repairs;
(iv) the new facility is constructed on the same site as the destroyed facility or on another site subject to the restrictions in section 144A.073, subdivision 5;
(v) the number of licensed and certified beds in the new facility does not exceed the number of licensed and certified beds in the destroyed facility; and
(vi) the commissioner determines that the replacement beds are needed to prevent an inadequate supply of beds.
Project construction costs incurred for repairs authorized under this clause shall not be considered in the dollar threshold amount defined in subdivision 2;
(b) to license or certify beds that are moved from one location to another within a nursing home facility, provided the total costs of remodeling performed in conjunction with the relocation of beds does not exceed 25 percent of the appraised value of the facility or $500,000, whichever is less;
(c) to license or certify beds in a project recommended for approval under section 144A.073;
(d) to license or certify beds that are moved from an existing state nursing home to a different state facility, provided there is no net increase in the number of state nursing home beds;
(e) to certify and license as nursing home beds boarding care beds in a certified boarding care facility if the beds meet the standards for nursing home licensure, or in a facility that was granted an exception to the moratorium under section 144A.073, and if the cost of any remodeling of the facility does not exceed 25 percent of the appraised value of the facility or $500,000, whichever is less. If boarding care beds are licensed as nursing home beds, the number of boarding care beds in the facility must not increase beyond the number remaining at the time of the upgrade in licensure. The provisions contained in section 144A.073 regarding the upgrading of the facilities do not apply to facilities that satisfy these requirements;
(f) to license and certify up to 40 beds transferred from an existing facility owned and operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the same location as the existing facility that will serve persons with Alzheimer's disease and other related disorders. The transfer of beds may occur gradually or in stages, provided the total number of beds transferred does not exceed 40. At the time of licensure and certification of a bed or beds in the new unit, the commissioner of health shall delicense and decertify the same number of beds in the existing facility. As a condition of receiving a license or certification under this clause, the facility must make a written commitment to the commissioner of human services that it will not seek to receive an increase in its property-related payment rate as a result of the transfers allowed under this paragraph;
(g) to license and certify nursing home beds to replace currently licensed and certified boarding care beds which may be located either in a remodeled or renovated boarding care or nursing home facility or in a remodeled, renovated, newly constructed, or replacement nursing home facility within the identifiable complex of health care facilities in which the currently licensed boarding care beds are presently located, provided that the number of boarding care beds in the facility or complex are decreased by the number to be licensed as nursing home beds and further provided that, if the total costs of new construction, replacement, remodeling, or renovation exceed ten percent of the appraised value of the facility or $200,000, whichever is less, the facility makes a written commitment to the commissioner of human services that it will not seek to receive an increase in its property-related payment rate by reason of the new construction, replacement, remodeling, or renovation. The provisions contained in section 144A.073 regarding the upgrading of facilities do not apply to facilities that satisfy these requirements;
(h) to license as a nursing home and certify as a nursing facility a facility that is licensed as a boarding care facility but not certified under the medical assistance program, but only if the commissioner of human services certifies to the commissioner of health that licensing the facility as a nursing home and certifying the facility as a nursing facility will result in a net annual savings to the state general fund of $200,000 or more;
(i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing home beds in a facility that was licensed and in operation prior to January 1, 1992;
(j) to license and certify new nursing home beds to replace beds in a facility condemned as part of an economic redevelopment plan in a city of the first class, provided the new facility is located within one mile of the site of the old facility. Operating and property costs for the new facility must be determined and allowed under existing reimbursement rules;
(k) to license and certify up to 20 new nursing home beds in a community-operated hospital and attached convalescent and nursing care facility with 40 beds on April 21, 1991, that suspended operation of the hospital in April 1986. The commissioner of human services shall provide the facility with the same per diem property-related payment rate for each additional licensed and certified bed as it will receive for its existing 40 beds;
(l) to license or certify beds in renovation, replacement, or upgrading projects as defined in section 144A.073, subdivision 1, so long as the cumulative total costs of the facility's remodeling projects do not exceed 25 percent of the appraised value of the facility or $500,000, whichever is less;
(m) to license and certify beds that are moved from one location to another for the purposes of converting up to five four-bed wards to single or double occupancy rooms in a nursing home that, as of January 1, 1993, was county-owned and had a licensed capacity of 115 beds;
(n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified nursing facility located in Minneapolis to layaway all of its licensed and certified nursing home beds. These beds may be relicensed and recertified in a newly-constructed teaching nursing home facility affiliated with a teaching hospital upon approval by the legislature. The proposal must be developed in consultation with the interagency committee on long-term care planning. The beds on layaway status shall have the same status as voluntarily delicensed and decertified beds, except that beds on layaway status remain subject to the surcharge in section 256.9657. This layaway provision expires July 1, 1995;
(o) to allow a project which will be completed in conjunction with an approved moratorium exception project for a nursing home in southern Cass county and which is directly related to that portion of the facility that must be repaired, renovated, or replaced, to correct an emergency plumbing problem for which a state correction order has been issued and which must be corrected by August 31, 1993;
(p) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified nursing facility located in Minneapolis to layaway, upon 30 days prior written notice to the commissioner, up to 30 of the facility's licensed and certified beds by converting three-bed wards to single or double occupancy. Beds on layaway status shall have the same status as voluntarily delicensed and decertified beds except that beds on layaway status remain subject to the surcharge in section 256.9657, remain subject to the license application and renewal fees under section 144A.07 and shall be subject to a $100 per bed reactivation fee. In addition, at any time within three years of the effective date of the layaway, the beds on layaway status may be:
(1) relicensed and recertified upon relocation and reactivation of some or all of the beds to an existing licensed and certified facility or facilities located in Pine River, Brainerd, or International Falls; provided that the total project construction costs related to the relocation of beds from layaway status for any facility receiving relocated beds may not exceed the dollar threshold provided in subdivision 2 unless the construction project has been approved through the moratorium exception process under section 144A.073;
(2) relicensed and recertified, upon reactivation of some or all of the beds within the facility which placed the beds in layaway status, if the commissioner has determined a need for the reactivation of the beds on layaway status.
The property-related payment rate of a facility placing beds on layaway status must be adjusted by the incremental change in its rental per diem after recalculating the rental per diem as provided in section 256B.431, subdivision 3a, paragraph (d). The property-related payment rate for a facility relicensing and recertifying beds from layaway status must be adjusted by the incremental change in its rental per diem after recalculating its rental per diem using the number of beds after the relicensing to establish the facility's capacity day divisor, which shall be effective the first day of the month following the month in which the relicensing and recertification became effective. Any beds remaining on layaway status more than three years after the date the layaway status became effective must be removed from layaway status and immediately delicensed and decertified;
(q) to license and certify beds in a renovation and remodeling
project to convert 13 three-bed wards into 13 two-bed rooms and
13 single-bed rooms, expand space, and add improvements in a
nursing home that, as of January 1, 1994, met the following
conditions: the nursing home was located in Ramsey county; was
not owned by a hospital corporation; had a licensed capacity of
64 beds; and had been ranked among the top 15 applicants by the
1993 moratorium exceptions advisory review panel. The total
project construction cost estimate for this project must not
exceed the cost estimate submitted in connection with the 1993
moratorium exception process; or
(r) to license and certify beds in a renovation and remodeling project to convert 12 four-bed wards into 24 two-bed rooms, expand space, and add improvements in a nursing home that, as of January 1, 1994, met the following conditions: the nursing home was located in Ramsey county; had a licensed capacity of 154 beds; and had been
ranked among the top 15 applicants by the 1993 moratorium
exceptions advisory review panel. The total project construction
cost estimate for this project must not exceed the cost estimate
submitted in connection with the 1993 moratorium exception
process.;
(s) to license and certify up to 117 beds that are relocated from a licensed and certified 138-bed nursing facility located in St. Paul to a hospital with 130 licensed hospital beds located in South St. Paul, provided that the nursing facility and hospital are owned by the same or a related organization and that prior to the date the relocation is completed the hospital ceases operation of its inpatient hospital services at that hospital. After relocation, the nursing facility's status under section 256B.431, subdivision 2, shall be the same as it was prior to relocation. The nursing facility's property-related payment rate resulting from the project authorized in this paragraph shall become effective no earlier than April 1, 1996. For purposes of calculating the incremental change in the facility's rental per diem resulting from this project, the allowable appraised value of the nursing facility portion of the existing health care facility physical plant prior to the renovation and relocation may not exceed $2,490,000;
(t) to license and certify two beds in a facility to replace beds that were voluntarily delicensed and decertified on June 28, 1991; or
(u) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed nursing home and 21-bed boarding care home facility in Minneapolis, notwithstanding the licensure and certification after July 1, 1995, of the Minneapolis facility as a 147-bed nursing home facility after completion of a construction project approved in 1993 under section 144A.073, to be laid away upon 30 days' prior written notice to the commissioner. Beds on layaway status shall have the same status as voluntarily delicensed or decertified beds except that they shall remain subject to the surcharge in section 256.9657. The 16 beds on layaway status may be relicensed as nursing home beds and recertified at any time within five years of the effective date of the layaway upon relocation of some or all of the beds to a licensed and certified facility located in Watertown, provided that the total project construction costs related to the relocation of beds from layaway status for the Watertown facility may not exceed the dollar threshold provided in subdivision 2 unless the construction project has been approved through the moratorium exception process under section 144A.073.
The property-related payment rate of the facility placing beds on layaway status must be adjusted by the incremental change in its rental per diem after recalculating the rental per diem as provided in section 256B.431, subdivision 3a, paragraph (d). The property-related payment rate for the facility relicensing and recertifying beds from layaway status must be adjusted by the incremental change in its rental per diem after recalculating its rental per diem using the number of beds after the relicensing to establish the facility's capacity day divisor, which shall be effective the first day of the month following the month in which the relicensing and recertification became effective. Any beds remaining on layaway status more than five years after the date the layaway status became effective must be removed from layaway status and immediately delicensed and decertified.
Sec. 12. Minnesota Statutes 1994, section 144A.071, is amended by adding a subdivision to read:
Subd. 5a. [COST ESTIMATE OF A MORATORIUM EXCEPTION PROJECT.] (a) For the purposes of this section and section 144A.073, the cost estimate of a moratorium exception project shall include the effects of the proposed project on the costs of the state subsidy for community-based services, nursing services, and housing in institutional and noninstitutional settings. The commissioner of health, in cooperation with the commissioner of human services, shall define the method for estimating these costs in the permanent rule implementing section 144A.073. The commissioner of human services shall prepare an estimate of the total state annual long-term costs of each moratorium exception proposal.
(b) The interest rate to be used for estimating the cost of each moratorium exception project proposal shall be the lesser of either the prime rate plus two percentage points, or the posted yield for standard conventional fixed rate mortgages of the Federal Home Loan Mortgage Corporation plus two percentage points as published in the Wall Street Journal and in effect 56 days prior to the application deadline. If the applicant's proposal uses this interest rate, the commissioner of human services, in determining the facility's actual property-related payment rate to be established upon completion of the project must use the actual interest rate obtained by the facility for the project's permanent financing up to the maximum permitted under subdivision 6.
The applicant may choose an alternate interest rate for estimating the project's cost. If the applicant makes this election, the commissioner of human services, in determining the facility's actual property-related payment rate to be established upon completion of the project, must use the lesser of the actual interest rate obtained for the project's permanent financing or the interest rate which was used to estimate the proposal's project cost. For succeeding rate years, the applicant is at risk for financing costs in excess of the interest rate selected.
Sec. 13. Minnesota Statutes 1994, section 144A.073, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given them:
(a) "Conversion" means the relocation of a nursing home bed from a nursing home to an attached hospital.
(b) "Relocation" means the movement of licensed nursing home beds or certified boarding care beds as permitted under subdivisions 4, clause (3), and 5.
(c) "Renovation" means extensive remodeling of, or construction of an addition to, a facility on an existing site with a total cost exceeding ten percent of the appraised value of the facility or $200,000, whichever is less.
(c) (d) "Replacement" means the demolition
or, delicensure, reconstruction, or
construction of an addition to all or part of an
existing facility.
(d) (e) "Upgrading" means a change in the level
of licensure of a bed from a boarding care bed to a nursing home
bed in a certified boarding care facility.
Sec. 14. Minnesota Statutes 1994, section 144A.073, subdivision 2, is amended to read:
Subd. 2. [REQUEST FOR PROPOSALS.] At the intervals
specified in rules authorization by the legislature of
additional medical assistance expenditures for exceptions to the
moratorium on nursing homes, the interagency committee shall
publish in the State Register a request for proposals for nursing
home projects to be licensed or certified under section 144A.071,
subdivision 4a, clause (c). The public notice of this funding
and the request for proposals must specify how the approval
criteria will be prioritized by the advisory review panel, the
interagency long-term care planning committee, and the
commissioner. The notice must describe the information that
must accompany a request and state that proposals must be
submitted to the interagency committee within 90 days of the date
of publication. The notice must include the amount of the
legislative appropriation available for the additional costs to
the medical assistance program of projects approved under this
section. If no money is appropriated for a year, the notice
for that year must state that proposals will not be requested
because no appropriations were made the interagency
committee shall publish a notice to that effect, and no proposals
shall be requested. If money is appropriated, the interagency
committee shall initiate the application and review process
described in this section at least twice each biennium and up to
four times each biennium, according to dates established by rule.
Authorized funds shall be allocated proportionally to the number
of processes. Funds not encumbered by an earlier process within
a biennium shall carry forward to subsequent iterations of the
process. Authorization for expenditures does not carry forward
into the following biennium. To be considered for approval,
a proposal must include the following information:
(1) whether the request is for renovation, replacement,
upgrading, or conversion, or relocation;
(2) a description of the problem the project is designed to address;
(3) a description of the proposed project;
(4) an analysis of projected costs of the nursing facility
proposal, including initial construction and remodeling
costs,; site preparation costs,;
financing costs, including the current estimated long-term
financing costs of the proposal, which consists of estimates of
the amount and sources of money, reserves if required under the
proposed funding mechanism, annual payments scheduled, interest
rates, length of term, closing costs and fees, insurance costs,
and any completed marketing study or underwriting review; and
estimated operating costs during the first two years after
completion of the project;
(5) for proposals involving replacement of all or part of a facility, the proposed location of the replacement facility and an estimate of the cost of addressing the problem through renovation;
(6) for proposals involving renovation, an estimate of the cost of addressing the problem through replacement;
(7) the proposed timetable for commencing construction and
completing the project; and
(8) a statement of any licensure or certification issues, such as certification survey deficiencies;
(9) the proposed relocation plan for current residents if beds are to be closed so that the department of human services can estimate the total costs of a proposal; and
(10) other information required by permanent rule of the commissioner of health in accordance with subdivisions 4 and 8.
Sec. 15. Minnesota Statutes 1994, section 144A.073, subdivision 3, is amended to read:
Subd. 3. [REVIEW AND APPROVAL OF PROPOSALS.] Within the limits
of money specifically appropriated to the medical assistance
program for this purpose, the interagency long-term care planning
committee may recommend that the commissioner of health grant
exceptions to the nursing home licensure or certification
moratorium for proposals that satisfy the requirements of this
section. The interagency committee shall appoint an advisory
review panel composed of representatives of consumers and
providers to review proposals and provide comments and
recommendations to the committee. The commissioners of human
services and health shall provide staff and technical assistance
to the committee for the review and analysis of proposals. The
interagency committee shall hold a public hearing before
submitting recommendations to the commissioner of health on
project requests. The committee shall submit recommendations
within 150 days of the date of the publication of the notice,
based on a comparison and ranking of proposals using the criteria
in subdivision 4. The commissioner of health shall approve
or disapprove a project within 30 days after receiving the
committee's recommendations. The advisory review panel, the
committee, and the commissioner of health shall base their
recommendations, approvals, or disapprovals on a comparison and
ranking of proposals using only the criteria in subdivision 4 and
in emergency and permanent rules adopted by the commissioner.
The cost to the medical assistance program of the proposals
approved must be within the limits of the appropriations
specifically made for this purpose. Approval of a proposal
expires 18 months after approval by the commissioner of health
unless the facility has commenced construction as defined in
section 144A.071, subdivision 1a, paragraph (d). The committee's
report to the legislature, as required under section 144A.31,
must include the projects approved, the criteria used to
recommend proposals for approval, and the estimated costs of the
projects, including the costs of initial construction and
remodeling, and the estimated operating costs during the first
two years after the project is completed.
Sec. 16. Minnesota Statutes 1994, section 144A.073, is amended by adding a subdivision to read:
Subd. 3c. [COST NEUTRAL RELOCATION PROJECTS.] Notwithstanding subdivision 3, the interagency committee may at any time accept proposals for relocations that are cost neutral with respect to state costs as defined in section 144A.071, subdivision 5a. The committee shall review these applications and make recommendations to the commissioner within 90 days. The committee must evaluate proposals according to subdivision 4, clauses (1) to (3), and other criteria established in rule. The commissioner shall approve or disapprove a project within 30 days of receiving the committee's recommendation.
Sec. 17. Minnesota Statutes 1994, section 144A.073, subdivision 4, is amended to read:
Subd. 4. [CRITERIA FOR REVIEW.] (a) The following
criteria must shall be used in a consistent
manner to compare and, evaluate, and
rank all proposals submitted. Except for the criteria
specified in clause (3), the application of criteria listed under
this subdivision shall not reflect any distinction based on the
geographic location of the proposed project:
(1) the extent to which the average occupancy rate of the
facility supports the need for the proposed project;
(2) the extent to which the average occupancy rate of all
facilities in the county in which the applicant is located,
together with all contiguous Minnesota counties, supports the
need for the proposed project;
(3) the extent to which the proposal furthers state
long-term care goals, including the goals stated in section
144A.31, and including the goal of enhancing the availability
and use of alternative care services and the goal of reducing the
number of long-term care resident rooms with more than two
beds;
(4) the cost-effectiveness of the proposal, including
(2) the proposal's long-term effects on the
state costs of the medical assistance program, as
determined by the commissioner of human services; and
including the cost estimate of the project according to
section 144A.071, subdivision 5a;
(5) other factors developed in rule by the commissioner of
health that evaluate and assess how the proposed project will
further promote or protect the health, safety, comfort,
treatment, or well-being of the facility's residents.
(b) In addition to the criteria in paragraph (a), the
following criteria must be used to evaluate, compare, and rank
proposals involving renovation or replacement:
(3) the extent to which the proposal promotes equitable access to long-term care services in nursing homes through redistribution of the nursing home bed supply, as measured by the number of beds relative to the population 85 or older, projected to the year 2000 by the state demographer, and according to items (i) to (iv):
(i) reduce beds in counties where the supply is high, relative to the statewide mean, and increase beds in counties where the supply is low, relative to the statewide mean;
(ii) adjust the bed supply so as to create the greatest benefits in improving the distribution of beds;
(iii) adjust the existing bed supply in counties so that the bed supply in a county moves toward the statewide mean; and
(iv) adjust the existing bed supply so that the distribution of beds as projected for the year 2020 would be consistent with projected need, based on the methodology outlined in the interagency long-term care committee's 1993 nursing home bed distribution study;
(1) (4) the extent to which the project improves
conditions that affect the health or safety of residents, such as
narrow corridors, narrow door frames, unenclosed fire exits, and
wood frame construction, and similar provisions contained in fire
and life safety codes and licensure and certification rules;
(2) (5) the extent to which the project improves
conditions that affect the comfort or quality of life of
residents in a facility or the ability of the facility to provide
efficient care, such as a relatively high number of residents in
a room; inadequate lighting or ventilation; poor access to
bathing or toilet facilities; a lack of available ancillary space
for dining rooms, day rooms, or rooms used for other activities;
problems relating to heating, cooling, or energy efficiency;
inefficient location of nursing stations; narrow corridors; or
other provisions contained in the licensure and certification
rules;
(6) the extent to which the applicant demonstrates the delivery of quality care, as defined in state and federal statutes and rules, to residents as evidenced by the two most recent state agency certification surveys and the applicants' response to those surveys;
(7) the extent to which the project removes the need for waivers or variances previously granted by either the licensing agency, certifying agency, fire marshal, or local government entity; and
(8) other factors that may be developed in permanent rule by the commissioner of health that evaluate and assess how the proposed project will further promote or protect the health, safety, comfort, treatment, or well-being of the facility's residents.
Sec. 18. Minnesota Statutes 1994, section 144A.073, subdivision 5, is amended to read:
Subd. 5. [REPLACEMENT RESTRICTIONS.] (a) Proposals submitted or approved under this section involving replacement must provide for replacement of the facility on the existing site except as allowed in this subdivision.
(b) Facilities located in a metropolitan statistical area other than the Minneapolis-St. Paul seven-county metropolitan area may relocate to a site within the same census tract or a contiguous census tract.
(c) Facilities located in the Minneapolis-St. Paul seven-county metropolitan area may relocate to a site within the same or contiguous health planning area as adopted in March 1982 by the metropolitan council.
(d) Facilities located outside a metropolitan statistical area may relocate to a site within the same city or township, or within a contiguous township.
(e) A facility relocated to a different site under paragraph (b), (c), or (d) must not be relocated to a site more than six miles from the existing site.
(f) The relocation of part of an existing first facility to a second location, under paragraphs (d) and (e), may include the relocation to the second location of up to four beds from part of an existing third facility located in a township contiguous to the location of the first facility. The six-mile limit in paragraph (e) does not apply to this relocation from the third facility.
(g) For proposals approved on January 13, 1994, under this section involving the replacement of 102 licensed and certified beds, the relocation of the existing first facility to the second and third locations under paragraphs (d) and (e) may include the relocation of up to 50 percent of the beds of the existing first facility to each of the locations. The six-mile limit in paragraph (e) does not apply to this relocation to the third location. Notwithstanding subdivision 3, construction of this project may be commenced any time prior to January 1, 1996.
Sec. 19. Minnesota Statutes 1994, section 144A.073, subdivision 8, is amended to read:
Subd. 8. [RULEMAKING.] The commissioner of health shall adopt
emergency or permanent rules to implement this section.
The permanent rules must be in accordance with and implement
only the criteria listed in this section. The authority to
adopt emergency permanent rules continues until
December 30, 1988 July 1, 1996.
Sec. 20. Minnesota Statutes 1994, section 256B.0641, subdivision 1, is amended to read:
Subdivision 1. [RECOVERY PROCEDURES; SOURCES.] Notwithstanding section 256B.72 or any law or rule to the contrary, when the commissioner or the federal government determines that an overpayment has been made by the state to any medical assistance vendor, the commissioner shall recover the overpayment as follows:
(1) if the federal share of the overpayment amount is due and
owing to the federal government under federal law and
regulations, the commissioner shall recover from the medical
assistance vendor the federal share of the determined overpayment
amount paid to that provider using the schedule of payments
required by the federal government; and
(2) if the overpayment to a medical assistance vendor is due to a retroactive adjustment made because the medical assistance vendor's temporary payment rate was higher than the established desk audit payment rate or because of a department error in calculating a payment rate, the commissioner shall recover from the medical assistance vendor the total amount of the overpayment within 120 days after the date on which written notice of the adjustment is sent to the medical assistance vendor or according to a schedule of payments approved by the commissioner; and
(3) a medical assistance vendor is liable for the overpayment amount owed by a long-term care provider if the vendors or their owners are under common control or ownership.
Sec. 21. Minnesota Statutes 1994, section 256B.431, subdivision 2j, is amended to read:
Subd. 2j. [HOSPITAL-ATTACHED NURSING FACILITY STATUS.] (a) For the purpose of setting rates under Minnesota Rules, parts 9549.0010 to 9549.0080, for rate years beginning after June 30, 1989, a hospital-attached nursing facility means a nursing facility which meets the requirements of clauses (1) to (3):
(1) the nursing facility is recognized by the federal
Medicare program to be a hospital-based nursing facility for
purposes of being subject to higher cost limits accorded
hospital-based nursing facilities under the Medicare program, or,
prior to June 30, 1983, was classified as a hospital-attached
nursing facility under Minnesota Rules, parts 9510.0010 to
9510.0480, provided that;
(2) the nursing facility's cost report filed under Minnesota Rules, parts 9549.0010 to 9549.0080, shall use the same cost allocation principles and methods used in the reports filed for the Medicare program except as provided in clause (3); and
(3) direct identification of costs to the nursing facility cost center will be permitted only when the comparable hospital costs have also been directly identified to a cost center which is not allocated to the nursing facility.
(b) For rate years beginning after June 30, 1989, a nursing facility and hospital, which have applied for hospital-based nursing facility status under the federal Medicare program during the reporting year or the nine-month period following the nursing facility's reporting year, shall be considered a hospital-attached nursing facility for purposes of setting payment rates under Minnesota Rules, parts 9549.0010 to 9549.0080, for the rate year following the reporting year or the nine-month period in which the facility made its Medicare application. The nursing facility must file its cost report or an amended cost report for that reporting year before the following rate year using Medicare principles and Medicare's recommended cost allocation methods had the Medicare program's hospital-based nursing facility status been granted to the nursing facility. For each subsequent rate year, the nursing facility must meet the definition requirements in paragraph (a). If the nursing facility is denied hospital-based nursing facility status under the Medicare program, the nursing facility's payment rates for the rate years the nursing facility was considered to be a hospital-attached nursing facility pursuant to this paragraph shall be recalculated treating the nursing facility as a non-hospital-attached nursing facility.
(c) For rate years beginning on or after July 1, 1995, a nursing facility shall be considered a hospital attached nursing facility for purposes of setting payment rates under Minnesota Rules, parts 9549.0010 to 9549.0080 and this section if it meets the requirements of paragraphs (a) and (b), and
(1) the hospital and nursing facility are physically attached or connected by a tunnel or skyway; or
(2) the nursing facility was recognized by the Medicare program as hospital attached as of January 1, 1995, and this status has been maintained continuously.
Sec. 22. Minnesota Statutes 1994, section 256B.431, subdivision 15, is amended to read:
Subd. 15. [CAPITAL REPAIR AND REPLACEMENT COST REPORTING AND
RATE CALCULATION.] For rate years beginning after June 30, 1993,
a nursing facility's capital repair and replacement payment rate
shall be established annually as provided in paragraphs (a) to
(d) (e).
(a) Notwithstanding Minnesota Rules, part 9549.0060, subpart
12, the costs of acquiring any of the following items
not included in the equity incentive computations under
subdivision 16 or reported as a capital asset addition under
subdivision 18, paragraph (b), including cash payment for
equity investment and principal and interest expense for debt
financing, shall must be reported in the capital
repair and replacement cost category when the cost of the item
exceeds $500:
(1) wall coverings;
(2) paint;
(3) floor coverings;
(4) window coverings;
(5) roof repair; and
(6) heating or cooling system repair or replacement;
(7) window repair or replacement;.
(8) initiatives designed to reduce energy usage by the
facility if accompanied by an energy audit prepared by a
professional engineer or architect registered in Minnesota, or by
an auditor certified under Minnesota Rules, part 7635.0130, to do
energy audits and the energy audit identifies the initiative as a
conservation measure; and
(9) repair or replacement of capital assets not included in
the equity incentive computations under subdivision 16.
(b) Notwithstanding Minnesota Rules, part 9549.0060, subpart 12, the repair or replacement of a capital asset not included in the equity incentive computations under subdivision 16 or reported as a capital asset addition under subdivision 18, paragraph (b), must be reported under this subdivision when the cost of the item exceeds $500, or in the plant operations and maintenance cost category when the cost of the item is equal to or less than $500.
(c) To compute the capital repair and replacement payment rate, the allowable annual repair and replacement costs for the reporting year must be divided by actual resident days for the reporting year. The annual allowable capital repair and replacement costs shall not exceed $150 per licensed bed. The excess of the allowed capital repair and replacement costs over the capital repair and replacement limit shall be a cost carryover to succeeding cost reporting periods, except that sale of a facility, under subdivision 14, shall terminate the carryover of all costs except those incurred in the most recent cost reporting year. The termination of the carryover shall have effect on the capital repair and replacement rate on the same date as provided in subdivision 14, paragraph (f), for the sale. For rate years beginning after June 30, 1994, the capital repair and replacement limit shall be subject to the index provided in subdivision 3f, paragraph (a). For purposes of this subdivision, the number of licensed beds shall be the number used to calculate the nursing facility's capacity days. The capital repair and replacement rate must be added to the nursing facility's total payment rate.
(c) (d) Capital repair and replacement costs
under this subdivision shall not be counted as either
care-related or other operating costs, nor subject to
care-related or other operating limits.
(d) (e) If costs otherwise allowable under this
subdivision are incurred as the result of a project approved
under the moratorium exception process in section 144A.073, or in
connection with an addition to or replacement of buildings,
attached fixtures, or land improvements for which the total
historical cost of these assets exceeds the lesser of $150,000 or
ten percent of the nursing facility's appraised value, these
costs must be claimed under subdivision 16 or 17, as
appropriate.
Sec. 23. Minnesota Statutes 1994, section 256B.431, subdivision 17, is amended to read:
Subd. 17. [SPECIAL PROVISIONS FOR MORATORIUM EXCEPTIONS.] (a) Notwithstanding Minnesota Rules, part 9549.0060, subpart 3, for rate periods beginning on October 1, 1992, and for rate years beginning after June 30, 1993, a nursing facility that has completed a construction project approved under section 144A.071, subdivision 4a, clause (m), or has completed a renovation, replacement, or upgrading project approved under the moratorium exception process in section 144A.073 shall be reimbursed for costs directly identified to that project as provided in subdivision 16 and this subdivision.
(b) Notwithstanding Minnesota Rules, part 9549.0060, subparts 5, item A, subitems (1) and (3), and 7, item D, allowable interest expense on debt shall include:
(1) interest expense on debt related to the cost of purchasing or replacing depreciable equipment, excluding vehicles, not to exceed six percent of the total historical cost of the project; and
(2) interest expense on debt related to financing or refinancing costs, including costs related to points, loan origination fees, financing charges, legal fees, and title searches; and issuance costs including bond discounts, bond counsel, underwriter's counsel, corporate counsel, printing, and financial forecasts. Allowable debt related to items in this clause shall not exceed seven percent of the total historical cost of the project. To the extent these costs are financed, the straight-line amortization of the costs in this clause is not an allowable cost; and
(3) interest on debt incurred for the establishment of a debt reserve fund, net of the interest earned on the debt reserve fund.
(c) Debt incurred for costs under paragraph (b) is not subject to Minnesota Rules, part 9549.0060, subpart 5, item A, subitem (5) or (6).
(d) The incremental increase in a nursing facility's rental rate, determined under Minnesota Rules, parts 9549.0010 to 9549.0080, and this section, resulting from the acquisition of allowable capital assets, and allowable debt and interest expense under this subdivision shall be added to its property-related payment rate and shall be effective on the first day of the month following the month in which the moratorium project was completed.
(e) Notwithstanding subdivision 3f, paragraph (a), for rate periods beginning on October 1, 1992, and for rate years beginning after June 30, 1993, the replacement-costs-new per bed limit to be used in Minnesota Rules, part 9549.0060, subpart 4, item B, for a nursing facility that has completed a renovation, replacement, or upgrading project that has been approved under the moratorium exception process in section 144A.073, or that has completed an addition to or replacement of buildings, attached fixtures, or land improvements for which the total historical cost exceeds the lesser of $150,000 or ten percent of the most recent appraised value, must be $47,500 per licensed bed in multiple-bed rooms and $71,250 per licensed bed in a single-bed room. These amounts must be adjusted annually as specified in subdivision 3f, paragraph (a), beginning January 1, 1993.
(f) A nursing facility that completes a project identified in this subdivision and, as of April 17, 1992, has not been mailed a rate notice with a special appraisal for a completed project, or completes a project after April 17, 1992, but before September 1, 1992, may elect either to request a special reappraisal with the corresponding adjustment to the property-related payment rate under the laws in effect on June 30, 1992, or to submit their capital asset and debt information after that date and obtain the property-related payment rate adjustment under this section, but not both.
(g) For purposes of this paragraph, a total replacement means the complete replacement of the nursing facility's physical plant through the construction of a new physical plant or the transfer of the nursing facility's license from one physical plant location to another. For total replacement projects completed on or after July 1, 1992, the commissioner shall compute the incremental change in the nursing facility's rental per diem, for rate years beginning on or after July 1, 1995, by replacing its appraised value, including the historical capital asset costs, and the capital debt and interest costs with the new nursing facility's allowable capital asset costs and the related allowable capital debt and interest costs. If the new nursing facility has decreased its licensed capacity, the aggregate investment per
bed limit in subdivision 3a, paragraph (d), shall apply. If the new nursing facility has retained a portion of the original physical plant for nursing facility usage, then a portion of the appraised value prior to the replacement must be retained and included in the calculation of the incremental change in the nursing facility's rental per diem. For purposes of this part, the original nursing facility means the nursing facility prior to the total replacement project. The portion of the appraised value to be retained shall be calculated according to clauses (1) to (3):
(1) The numerator of the allocation ratio shall be the square footage of the area in the original physical plant which is being retained for nursing facility usage.
(2) The denominator of the allocation ratio shall be the total square footage of the original nursing facility physical plant.
(3) Each component of the nursing facility's allowable appraised value prior to the total replacement project shall be multiplied by the allocation ratio developed in clauses (1) and (2).
In the case of either type of total replacement as authorized under section 144A.071 or 144A.073, the provisions of this subdivision shall also apply. For purposes of the moratorium exception authorized under section 144A.071, subdivision 4a, paragraph (s), if the total replacement involves the renovation and use of an existing health care facility physical plant, the new allowable capital asset costs and related debt and interest costs shall include first the allowable capital asset costs and related debt and interest costs of the renovation, to which shall be added the allowable capital asset costs of the existing physical plant prior to the renovation, and if reported by the facility, the related allowable capital debt and interest costs.
Sec. 24. Minnesota Statutes 1994, section 256B.431, is amended by adding a subdivision to read:
Subd. 25. [CHANGES TO NURSING FACILITY REIMBURSEMENT BEGINNING JULY 1, 1995.] The nursing facility reimbursement changes in paragraphs (a) to (f) apply to Minnesota Rules, parts 9549.0010 to 9549.0080, and this section, beginning July 1, 1995.
(a) The eight-cent adjustment to care-related rates in subdivision 22, paragraph (e), shall no longer apply.
(b) For rate years beginning on or after July 1, 1995, the commissioner shall limit a nursing facility's allowable operating per diem for each case mix category for each rate year as in clauses (1) to (3):
(1) the lesser of the prior reporting year's allowable operating cost per diems plus the inflation factor as established in paragraph (c), clause (2), increased by three percentage points for the rate year beginning July 1, 1995, or the current reporting year's corresponding allowable operating cost per diems after adjustment for the application of paragraphs (a) and (e);
(2) the lesser of the prior reporting year's allowable operating cost per diems plus the inflation factor as established in paragraph (c), clause (2), increased by one percentage point for the rate year beginning July 1, 1996, or the current reporting year's corresponding allowable operating cost per diems after adjustment for the application of paragraphs (a) and (f); and
(3) the reporting year prior to the current reporting year's allowable operating cost per diems plus the inflation factor as established in paragraph (c), clause (2), for the rate year beginning on or after July 1, 1997, or the current reporting year's corresponding allowable operating cost per diems after adjustment for the application of paragraphs (a) and (f).
After applying these provisions for the respective rate years, the commissioner shall index these allowable operating costs per diems by the inflation factor provided for in paragraph (c), clause (1), and add the nursing facility's efficiency incentive as computed in paragraph (d).
(c) For rate years beginning on or after July 1, 1995, the forecasted price index for a nursing facility's allowable operating cost per diems shall be determined under clause (1) or (2) using the change in the Consumer Price Index-All Items (United States city average) (CPI-U) or the change in the Nursing Home Market Basket, both as forecasted by Data Resources Inc. whichever is applicable. The commissioner shall use the indices as forecasted in the fourth quarter of the calendar year preceding the rate year, subject to subdivision 2l, paragraph (c).
(1) The CPI-U forecasted index for allowable operating cost per diems shall be based on the 21-month period from the midpoint of the nursing facility's reporting year to the midpoint of the rate year following the reporting year.
(2) The Nursing Home Market Basket forecasted index for allowable operating costs and per diem limits shall be based on the 12-month period between the midpoints of the two reporting years preceding the rate year.
(d) For rate years beginning on or after July 1, 1995, the commissioner shall determine a nursing facility's efficiency incentive by first computing the allowable difference, which is the lesser of $4.50 or the amount by which the facility's other operating cost limit exceeds its nonadjusted other operating cost per diem for that rate year. The commissioner shall compute the efficiency incentive by:
(1) subtracting the allowable difference from $4.50 and dividing the result by $4.50;
(2) multiplying 0.20 by the ratio resulting from clause (1), and then;
(3) adding 0.50 to the result from clause (2); and
(4) multiplying the result from clause (3) times the allowable difference.
The nursing facility's efficiency incentive payment shall be the lesser of $2.25 or the product obtained in clause (4).
(e) For rate years beginning on July 1, 1995, the commissioner shall limit the allowable operating cost per diems for high cost nursing facilities. Prior to indexing each nursing facility's operating cost per diems for inflation, the commissioner shall group nursing facilities into two groups, freestanding or nonfreestanding, within each geographic group. A nonfreestanding nursing facility is a nursing facility whose other operating cost per diems are subject to hospital attached, short length of stay, or rule 80 limits. All other nursing facilities shall be considered freestanding nursing facilities. The commissioner shall then array all nursing facilities within each grouping by their allowable case mix A operating cost per diems. In calculating a facility's operating cost per diem for this purpose, the commissioner shall exclude costs related to providing special diets that are based on religious beliefs. For those nursing facilities in each grouping whose case mix A operating cost per diem exceeds 1.0 standard deviation above the median, the commissioner shall reduce their allowable operating cost per diems by one percent. For those nursing facilities in each grouping whose case mix A operating cost per diem exceeds 0.5 standard deviation above the median but is less than or equal to 1.0 standard deviation above the median, the commissioner shall reduce their allowable operating cost per diems by 0.5 percent. After applying these limits, the commissioner shall index these operating costs per diems for all nursing facilities by the inflation adjustments provided for in subdivision 2l and add the nursing facility's efficiency incentive as computed in subdivision 24, without regard to the limitation in this subdivision.
(f) For rate years beginning on or after July 1, 1996, the commissioner shall limit the allowable operating cost per diems for high cost nursing facilities. Prior to indexing each nursing facility's operating cost per diems for inflation, the commissioner shall group nursing facilities into two groups, freestanding or nonfreestanding, within each geographic group. A nonfreestanding nursing facility is a nursing facility whose other operating cost per diems are subject to hospital attached, short length of stay, or rule 80 limits. All other nursing facilities shall be considered freestanding nursing facilities. The commissioner shall then array all nursing facilities within each grouping by their allowable case mix A operating cost per diems. For those nursing facilities in each grouping whose case mix A operating cost per diem exceeds 1.0 standard deviation above the median, the commissioner shall reduce their allowable operating cost per diems by three percent. For those nursing facilities in each grouping whose case mix A operating cost per diem exceeds 0.5 standard deviation above the median but is less than or equal to 1.0 standard deviation above the median, the commissioner shall reduce their allowable operating cost per diems by two percent. After applying these limits, the commissioner shall index these operating costs per diems for all nursing facilities by the inflation adjustments provided for in subdivision 2l and add the nursing facility's efficiency incentive as computed in subdivision 24, without regard to the limitation in this subdivision.
Sec. 25. Minnesota Statutes 1994, section 256B.432, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given them.
(a) "Management agreement" means an agreement in which one or more of the following criteria exist:
(1) the central, affiliated, or corporate office has or is
authorized to assume day-to-day operational control of the
long-term care nursing facility for any six-month
period within a 24-month period. "Day-to-day operational
control" means that the central, affiliated, or corporate office
has the authority to require, mandate, direct, or compel the
employees of the long-term care nursing facility to
perform or refrain from performing certain acts, or to supplant
or take the place of the top management of the long-term
care nursing facility. "Day-to-day operational
control" includes the authority to hire or terminate employees or
to provide an employee of the central, affiliated, or corporate
office to serve as administrator of the long-term care
nursing facility;
(2) the central, affiliated, or corporate office performs or is
authorized to perform two or more of the following: the
execution of contracts; authorization of purchase orders;
signature authority for checks, notes, or other financial
instruments; requiring the long-term care nursing
facility to use the group or volume purchasing services of the
central, affiliated, or corporate office; or the authority to
make annual capital expenditures for the long-term care
nursing facility exceeding $50,000, or $500 per licensed
bed, whichever is less, without first securing the approval of
the long-term care nursing facility board of
directors;
(3) the central, affiliated, or corporate office becomes or is required to become the licensee under applicable state law;
(4) the agreement provides that the compensation for services
provided under the agreement is directly related to any profits
made by the long-term care nursing facility; or
(5) the long-term care nursing facility entering
into the agreement is governed by a governing body that meets
fewer than four times a year, that does not publish notice of its
meetings, or that does not keep formal records of its
proceedings.
(b) "Consulting agreement" means any agreement the purpose of
which is for a central, affiliated, or corporate office to
advise, counsel, recommend, or suggest to the owner or operator
of the nonrelated long-term care nursing facility
measures and methods for improving the operations of the
long-term care nursing facility.
(c) "Long-term care Nursing facility" means a
nursing facility whose medical assistance rates are determined
according to section 256B.431 or an intermediate care facility
for persons with mental retardation and related conditions whose
medical assistance rates are determined according to section
256B.501.
Sec. 26. Minnesota Statutes 1994, section 256B.432, subdivision 2, is amended to read:
Subd. 2. [EFFECTIVE DATE.] For rate years beginning on or
after July 1, 1990, the central, affiliated, or corporate office
cost allocations in subdivisions 3 to 6 must be used when
determining medical assistance rates under sections 256B.431 and
256B.501 256B.50.
Sec. 27. Minnesota Statutes 1994, section 256B.432, subdivision 3, is amended to read:
Subd. 3. [ALLOCATION; DIRECT IDENTIFICATION OF COSTS OF
LONG-TERM CARE NURSING FACILITIES; MANAGEMENT
AGREEMENT.] All costs that can be directly identified with a
specific long-term care nursing facility that is a
related organization to the central, affiliated, or corporate
office, or that is controlled by the central, affiliated, or
corporate office under a management agreement, must be allocated
to that long-term care nursing facility.
Sec. 28. Minnesota Statutes 1994, section 256B.432, subdivision 5, is amended to read:
Subd. 5. [ALLOCATION OF REMAINING COSTS; ALLOCATION RATIO.]
(a) After the costs that can be directly identified according to
subdivisions 3 and 4 have been allocated, the remaining central,
affiliated, or corporate office costs must be allocated between
the long-term care nursing facility operations and
the other activities or facilities unrelated to the long-term
care nursing facility operations based on the ratio of
total operating costs.
(b) For purposes of allocating these remaining central, affiliated, or corporate office costs, the numerator for the allocation ratio shall be determined as follows:
(1) for long-term care nursing facilities that
are related organizations or are controlled by a central,
affiliated, or corporate office under a management agreement, the
numerator of the allocation ratio shall be equal to the sum of
the total operating costs incurred by each related organization
or controlled long-term care nursing facility;
(2) for a central, affiliated, or corporate office providing
goods or services to related organizations that are not
long-term care nursing facilities, the numerator of
the allocation ratio shall be equal to the sum of the total
operating costs incurred by the non-long-term care
nonnursing facility related organizations;
(3) for a central, affiliated, or corporate office providing
goods or services to unrelated long-term care
nursing facilities under a consulting agreement, the
numerator of the allocation ratio shall be equal to the greater
of directly identified central, affiliated, or corporate costs or
the contracted amount; or
(4) for business activities that involve the providing of goods
or services to unrelated parties which are not long-term
care nursing facilities, the numerator of the
allocation ratio shall be equal to the greater of directly
identified costs or revenues generated by the activity or
function.
(c) The denominator for the allocation ratio is the sum of the numerators in paragraph (b), clauses (1) to (4).
Sec. 29. Minnesota Statutes 1994, section 256B.432, subdivision 6, is amended to read:
Subd. 6. [COST ALLOCATION BETWEEN LONG-TERM CARE
NURSING FACILITIES.] (a) Those long-term care
nursing operations that have long-term care
nursing facilities both in Minnesota and comparable
facilities outside of Minnesota must allocate the
long-term care nursing operation's central,
affiliated, or corporate office costs identified in subdivision 5
to Minnesota based on the ratio of total resident days in
Minnesota long-term care nursing facilities to the
total resident days in all facilities.
(b) The Minnesota long-term care nursing
operation's central, affiliated, or corporate office costs
identified in paragraph (a) must be allocated to each Minnesota
long-term care nursing facility on the basis of
resident days.
Sec. 30. Minnesota Statutes 1994, section 256B.501, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this section, the following terms have the meaning given them.
(a) "Commissioner" means the commissioner of human services.
(b) "Facility" means a facility licensed as a mental retardation residential facility under section 252.28, licensed as a supervised living facility under chapter 144, and certified as an intermediate care facility for persons with mental retardation or related conditions. The term does not include a state regional treatment center.
(c) "Waivered service" means home or community-based service authorized under United States Code, title 42, section 1396n(c), as amended through December 31, 1987, and defined in the Minnesota state plan for the provision of medical assistance services. Waivered services include, at a minimum, case management, family training and support, developmental training homes, supervised living arrangements, semi-independent living services, respite care, and training and habilitation services.
Sec. 31. Minnesota Statutes 1994, section 256B.501, subdivision 3, is amended to read:
Subd. 3. [RATES FOR INTERMEDIATE CARE FACILITIES FOR PERSONS
WITH MENTAL RETARDATION OR RELATED CONDITIONS.] The commissioner
shall establish, by rule, procedures for determining rates for
care of residents of intermediate care facilities for persons
with mental retardation or related conditions. The procedures
shall be based on methods and standards that the commissioner
finds are adequate to provide for the costs that must be incurred
for the care of residents in efficiently and economically
operated facilities. In developing the procedures, the
commissioner shall include:
(a) cost containment measures that assure efficient and prudent management of capital assets and operating cost increases which do not exceed increases in other sections of the economy;
(b) limits on the amounts of reimbursement for property,
general and administration, and new facilities;
(c) requirements to ensure that the accounting practices of the facilities conform to generally accepted accounting principles;
(d) incentives to reward accumulation of equity;
(e) a revaluation on sale between unrelated organizations
for a facility that, for at least three years before its use as
an intermediate care facility, has been used by the seller as a
single family home and been claimed by the seller as a homestead,
and was not revalued immediately prior to or upon entering the
medical assistance program, provided that the facility
revaluation not exceed the amount permitted by the Social
Security Act, section 1902(a)(13); and rule revisions
which:
(1) combine the program, maintenance, and administrative operating cost categories, and professional liability and real estate insurance expenses into one general operating cost category;
(2) eliminate the maintenance and administrative operating cost category limits and account for disallowances under the rule existing on the effective date of this section in the revised rule. If this provision is later invalidated, the total administrative cost disallowance shall be deducted from economical facility payments in clause (3);
(3) establish an economical facility incentive that rewards facilities that provide all appropriate services in a cost-effective manner and penalizes reductions of either direct service wages or standardized hours of care per resident;
(4) establish a best practices award system that is based on outcome measures and that rewards quality, innovation, cost effectiveness, and staff retention;
(5) establish compensation limits for employees on the basis of full-time employment and the developmentally disabled client base of a provider group or facility. The commissioner may consider the inclusion of hold harmless provisions;
(6) establish overall limits on a high cost facility's general operating costs. The commissioner shall consider groupings of facilities that account for a significant variation in cost. The commissioner may differentiate in the application of these limits between high and very high cost facilities. The limits, once established, shall be indexed for inflation and may be rebased by the commissioner;
(7) utilize the client assessment information obtained from the application of the provisions in subdivision 3g for the revisions in clauses (3), (4), and (6); and
(8) develop cost allocation principles which are based on facility expenses; and
(f) appeals procedures that satisfy the requirements of section
256B.50 for appeals of decisions arising from the application
of standards or methods pursuant to Minnesota Rules, parts
9510.0500 to 9510.0890, 9553.0010 to 9553.0080, and 12 MCAR
2.05301 to 2.05315 (temporary).
In establishing rules and procedures for setting rates for
care of residents in intermediate care facilities for persons
with mental retardation or related conditions, the commissioner
shall consider the recommendations contained in the February 11,
1983, Report of the Legislative Auditor on Community Residential
Programs for the Mentally Retarded and the recommendations
contained in the 1982 Report of the Department of Public Welfare
Rule 52 Task Force. Rates paid to supervised living facilities
for rate years beginning during the fiscal biennium ending June
30, 1985, shall not exceed the final rate allowed the facility
for the previous rate year by more than five percent.
Sec. 32. Minnesota Statutes 1994, section 256B.501, subdivision 3c, is amended to read:
Subd. 3c. [COMPOSITE FORECASTED INDEX.] For rate
years beginning on or after October 1, 1988, the commissioner
shall establish a statewide composite forecasted index to take
into account economic trends and conditions between the midpoint
of the facility's reporting year and the midpoint of the rate
year following the reporting year. The statewide composite index
must incorporate the forecast by Data Resources, Inc. of
increases in the average hourly earnings of nursing and personal
care workers indexed in Standard Industrial Code 805 in
"Employment and Earnings," published by the Bureau of Labor
Statistics, United States Department of Labor. This portion of
the index must be weighted annually by the proportion of total
allowable salaries and wages to the total allowable operating
costs in the program, maintenance, and administrative operating
cost categories for all facilities.
For adjustments to the other operating costs in the program,
maintenance, and administrative operating cost categories, the
statewide index must incorporate the Data Resources, Inc.
forecast for increases in the national CPI-U. This portion of the
index must be weighted annually by the proportion of total
allowable other operating costs to the total allowable operating
costs in the program, maintenance, and administrative operating
cost categories for all facilities. The commissioner shall use
the indices as forecasted by Data Resources, Inc., in the fourth
quarter of the reporting year.
For rate years beginning on or after October 1, 1990, the commissioner shall index a facility's allowable operating costs in the program, maintenance, and administrative operating cost categories by using Data Resources, Inc., forecast for change in the Consumer Price Index-All Items (U.S. city average) (CPI-U). The commissioner shall use the indices as forecasted by Data Resources, Inc., in the first quarter of the calendar year in which the rate year begins. For fiscal years beginning after June 30, 1993, the commissioner shall not provide automatic inflation adjustments for intermediate care facilities for persons with mental retardation. The commissioner of finance shall include annual
inflation adjustments in operating costs for intermediate care facilities for persons with mental retardation and related conditions as a budget change request in each biennial detailed expenditure budget submitted to the legislature under section 16A.11. The commissioner shall use the Consumer Price Index-All Items (United States city average) (CPI-U) as forecasted by Data Resources, Inc., to take into account economic trends and conditions for changes in facility allowable historical general operating costs and limits. The forecasted index shall be established for allowable historical general operating costs as follows:
(1) the CPI-U forecasted index for allowable historical general operating costs shall be determined in the first quarter of the calendar year in which the rate year begins, and shall be based on the 21-month period from the midpoint of the facility's reporting year to the midpoint of the rate year following the reporting year; and
(2) for rate years beginning on or after October 1, 1995, the CPI-U forecasted index for the overall operating cost limits and for the individual compensation limit shall be determined in the first quarter of the calendar year in which the rate year begins, and shall be based on the 12-month period between the midpoints of the two reporting years preceding the rate year.
Sec. 33. Minnesota Statutes 1994, section 256B.501, subdivision 3g, is amended to read:
Subd. 3g. [ASSESSMENT OF RESIDENTS CLIENTS.]
(a) To establish the service characteristics of
residents clients, the quality assurance and
review teams in the department of health Minnesota
department of health case mix review program shall assess all
residents clients annually. beginning
January 1, 1989, using a uniform assessment instrument developed
by the commissioner. This instrument shall include assessment of
the services identified as needed and provided to each client to
address behavioral needs, integration into the community, ability
to perform activities of daily living, medical and therapeutic
needs, and other relevant factors determined by the commissioner.
By January 30, 1994, the commissioner shall report to the
legislature on:
(1) the assessment process and scoring system
utilized;
(2) possible utilization of assessment information by
facilities for management purposes; and
(3) possible application of the assessment for purposes of
adjusting the operating cost rates of facilities based on a
comparison of client services characteristics, resource needs,
and costs. The facility's qualified mental retardation
professional (QMRP) with primary responsibility for the client's
individual program plan, in conjunction with the
interdisciplinary team, shall assess each client who is newly
admitted to a facility. This assessment must occur within 30
days from the date of admission during the interdisciplinary team
meeting.
(b) All client assessments must be conducted as set forth in the manual, Minnesota ICF/MR Client Assessment Manual, February 1995, hereinafter referred to in this subdivision as the manual. Client assessments completed by the case mix review program and the facility QMRP must be recorded on assessment forms developed by the commissioner of health. The facility QMRP must complete the assessment form, submit it to the case mix review program, and mail a copy to the client's case manager within ten working days following the interdisciplinary team meeting.
(c) The case mix review program shall score assessments according to attachment E of the manual in the assessment domains of personal interaction, independence, and integration, challenging behaviors and preventive practice, activities of daily living, and special treatments. Scores must be based on information from the assessment form. A client's score from each assessment domain shall be used to determine that client's classification.
(d) The commissioner of health shall determine and assign classifications for each client using the procedures specified in attachment F of the manual. The commissioner of health shall assign the client classification within 15 working days after receiving the completed assessment form submitted by the case mix review program team or the facility QMRP. The classification for a newly admitted client is effective retroactive to the date of the client's admission. If a facility QMRP submits an incomplete assessment form, the case mix review program shall inform the facility QMRP of the need to submit additional information necessary for assigning a classification. The facility QMRP must mail the additional information to the case mix review program no later than five working days after receiving the request for the information. If a facility QMRP fails to submit a completed client assessment for a client who is newly admitted to the facility, that client's first assessment in the facility conducted by the case mix review program shall be used to establish a client classification retroactive to the date of the client's admission. Any change in classification due to annual assessment by the case mix review program will be effective on the first day of the month following completion of the case mix review program's annual assessment of all the facility's clients. A client who
has resided in the facility less than 30 days must be assessed by the case mix review program during the annual assessment, but must not have a client classification assigned based on the case mix review program's assessment unless the facility QMRP fails to submit a completed client assessment and the client goes on to reside in the facility for more than 30 days.
(e) The facility QMRP may request a reclassification for a client by completing a new client assessment if the facility QMRP believes that the client's status has changed since the case mix review program's annual assessment and that these changes will result in a change in the client's classification. Client assessments for purposes of reclassification will be governed by the following:
(1) The facility QMRP that requests reclassification of a client must provide the case mix review program with evidence to determine a change in the client's classification. Evidence must include photocopies of documentation from the client's record, as specified in the documentation requirements sections of the manual.
(2) A reclassification assessment must occur between the third and the ninth month following the case mix review program's annual assessment of the client. The facility QMRP can request only one reclassification for each client annually.
(3) Any change in classification approved by the case mix review program shall be effective on the first day of the month following the date when the facility QMRP assessed the client for the reclassification.
(4) The case mix review program shall determine reclassification based on the documentation submitted by the facility QMRP. If there is not sufficient information submitted to justify a change to a higher classification, the case mix review program may request additional information necessary to complete a reclassification.
(5) If the facility QMRP does not provide sufficient documentation to support a change in classification, the classification shall remain at the level assessed by the case mix review program at the last inspection of care.
(f) The case mix review program shall conduct desk audits or on-site audits of assessments performed by facility QMRPs. Case mix review program staff shall conduct desk audits of any assessment believed to be inaccurate. The case mix review program may request the facility to submit additional information needed to conduct a desk audit. The facility shall mail the requested information within five working days after receiving the request.
(g) The case mix review program may conduct on-site audits of at least ten percent of the total assessments submitted by facility QMRPs in the previous year and may also conduct special audits if it determines that circumstances exist that could change or affect the validity of assigned classifications. The facility shall grant the case mix review program staff access to the client records during regular business hours for the purpose of conducting an audit. For assessments submitted for new clients, the case mix review program shall consider documentation in the client's record up to and including the date the client was assessed by the facility QMRP. For audits of reclassification assessments, the case mix review program shall consider documentation in the client's record from three months preceding the assessment up to and including the date the client was assessed by the facility QMRP. If the audit reveals that the facility's assessment does not accurately reflect the client's status for the time period and the appropriate supporting documentation cannot be produced by the facility, the case mix review program shall change the classification so that it is consistent with the results of the audit. Any change in client classification that results from an audit must be retroactive to the effective date of the client assessment that was audited. Case mix review program staff shall not discuss preliminary audit findings with the facility's staff. Within 15 working days after completing the audit, the case mix review program shall mail a notice of the results of the audit to the facility.
(h) Requests for reconsideration of client classifications shall be made under section 144.0723 and must be submitted according to section IV of the manual. A reconsideration must be reviewed by case mix review program staff not involved in completing the assessment that established the disputed classification. The reconsideration must be based upon the information provided to the case mix review program. Within 15 working days after receiving the request for reconsideration, the case mix review program shall affirm or modify the original classification. The original classification must be modified if the case mix review program determines that the assessment resulting in the classification did not accurately reflect the status of the client at the time of the assessment. The department of health's decision on reconsiderations is the final administrative decision of the department. The classification assigned by the department of health must be the classification that applies to the client while the request for reconsideration is pending. A change in a classification resulting from a reconsideration must be retroactive to the effective date of the client assessment for which a reconsideration was requested.
(i) The commissioner of human services shall assign weights to each client's classification according to the following table:
Classification Classification Weight
1S 1.00
1I 1.04
2S 1.36
2I 1.52
3S 1.58
3I 1.68
4S 1.87
4I 2.02
5S 2.09
5I 2.26
6S 2.26
6I 2.52
7S 2.10
7I 2.37
8S 2.26
8I 2.52
Sec. 34. Minnesota Statutes 1994, section 256B.501, is amended by adding a subdivision to read:
Subd. 5b. [ICF/MR OPERATING COST LIMITATION AFTER SEPTEMBER 30, 1995.] (a) For rate years beginning on October 1, 1995, and October 1, 1996, the commissioner shall limit the allowable operating cost per diems, as determined under this subdivision and the reimbursement rules, for high cost ICF's/MR. Prior to indexing each facility's operating cost per diems for inflation, the commissioner shall group the facilities into eight groups. The commissioner shall then array all facilities within each grouping by their general operating cost per service unit per diems.
(b) The commissioner shall annually review and adjust the general operating costs incurred by the facility during the reporting year preceding the rate year to determine the facility's allowable historical general operating costs. For this purpose, the term general operating costs means the facility's allowable operating costs included in the program, maintenance, and administrative operating costs categories, as well as the facility's related payroll taxes and fringe benefits, real estate insurance, and professional liability insurance. A facility's total operating cost payment rate shall be limited according to paragraphs (c) and (d) as follows:
(c) A facility's total operating cost payment rate shall be equal to its allowable historical operating cost per diems for program, maintenance, and administrative cost categories multiplied by the forecasted inflation index in subdivision 3c, clause (1), subject to the limitations in paragraph (d).
(d) For the rate years beginning on or after October 1, 1995, the commissioner shall establish maximum overall general operating cost per service unit limits for facilities according to clauses (1) to (8). Each facility's allowable historical general operating costs and client assessment information obtained from client assessments completed under subdivision 3g for the reporting year ending December 31, 1994 (the base year), shall be used for establishing the overall limits. If a facility's proportion of temporary care resident days to total resident days exceeds 80 percent, the commissioner must exempt that facility from the overall general operating cost per service unit limits in clauses (1) to (8). For this purpose, "temporary care" means care provided by a facility to a client for less than 30 consecutive resident days.
(1) The commissioner shall determine each facility's weighted service units for the reporting year by multiplying its resident days in each client classification level as established in subdivision 3g, paragraph (d), by the corresponding weights for that classification level, as established in subdivision 3g, paragraph (i), and summing the results. For the reporting year ending December 31, 1994, the commissioner shall use the service unit score computed from the client classifications determined by the Minnesota department of health's annual review, including those of clients admitted during that year.
(2) The facility's service unit score is equal to its weighted service units as computed in clause (1), divided by the facility's total resident days excluding temporary care resident days, for the reporting year.
(3) For each facility, the commissioner shall determine the facility's cost per service unit by dividing its allowable historical general operating costs for the reporting year by the facility's service unit score in clause (2) multiplied by its total resident days, or 85 percent of the facility's capacity days times its service unit score in clause (2), if the facility's occupancy is less than 85 percent of licensed capacity. If a facility reports temporary care resident days, the temporary care resident days shall be multiplied by the service unit score in clause (2), and the resulting weighted resident days shall be added to the facility's weighted service units in clause (1) prior to computing the facility's cost per service unit under this clause.
(4) The commissioner shall group facilities based on class A or class B licensure designation, number of licensed beds, and geographic location. For purposes of this grouping, facilities with six beds or less shall be designated as small facilities and facilities with more than six beds shall be designated as large facilities. If a facility has both class A and class B licensed beds, the facility shall be considered a class A facility for this purpose if the number of class A beds is more than half its total number of ICF/MR beds; otherwise the facility shall be considered a class B facility. The metropolitan geographic designation shall include Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington counties. All other Minnesota counties shall be designated as the nonmetropolitan geographic group. These characteristics result in the following eight groupings:
(i) small class A metropolitan;
(ii) large class A metropolitan;
(iii) small class B metropolitan;
(iv) large class B metropolitan;
(v) small class A nonmetropolitan;
(vi) large class A nonmetropolitan;
(vii) small class B nonmetropolitan; and
(viii) large class B nonmetropolitan.
(5) The commissioner shall array facilities within each grouping in clause (4) by each facility's cost per service unit as determined in clause (3).
(6) The overall operating cost per service unit limit for each group shall be established as follows:
(i) in each array established in clause (5), two general operating cost limits shall be determined. The first cost per service unit limit shall be established at 0.5 and less than or equal to 1.0 standard deviation above the median of that array. The second cost per service unit limit shall be established at 1.0 standard deviation above the median of the array; and
(ii) the overall operating cost per service unit limits shall be indexed for inflation annually beginning with the reporting year ending December 31, 1995, using the forecasted inflation index in subdivision 3c, clause (2).
(7) Annually, facilities shall be arrayed using the method described in clauses (1) and (5). Each facility with a cost per service unit at or above its group's first cost per service unit limit, but less than the second cost per service unit limit for that group, shall be limited to 98 percent of its total operating cost per diems then add the forecasted inflation index in subdivision 3c, clause (1). Each facility with a cost per service unit at or above the second cost per service unit limit will be limited to 97 percent of its total operating cost per diems, then add the forecasted inflation index in subdivision 3c, clause (1).
(8) The commissioner may rebase these overall limits, using the method described in this subdivision, but no more frequently than once every three years.
(e) For rate years beginning on or after October 1, 1995, the facility's efficiency incentive shall be determined as provided in the reimbursement rule.
(f) The total operating cost payment rate shall be the sum of paragraphs (c) and (e).
Sec. 35. Minnesota Statutes 1994, section 256B.501, is amended by adding a subdivision to read:
Subd. 5c. [OPERATING COSTS AFTER SEPTEMBER 30, 1997.] (a) In general, the commissioner shall establish maximum standard rates for the prospective reimbursement of facility costs. The maximum standard rates must take into account the level of reimbursement which is adequate to cover the base-level costs of economically operated facilities. In determining the base-level costs, the commissioner shall consider geographic location, types of facilities (class A or class B), minimum staffing standards, resident assessment under subdivision 3g, and other factors as determined by the commissioner.
(b) The commissioner shall also develop additional incentive-based payments which, if achieved for specified outcomes, will be added to the maximum standard rates. The specified outcomes must be measurable and shall be based on criteria to be developed by the commissioner during fiscal year 1996. The commissioner may establish various levels of achievement within an outcome. Once the outcomes are established, the commissioner shall assign various levels of payment associated with achieving the outcome. In establishing the specified outcomes and the related criteria, the commissioner shall consider the following state policy objectives: (1) resident transitioned into cost-effective community alternatives; (2) the results of a uniform consumer satisfaction survey; (3) the achievement of no major licensure or certification deficiencies; or (4) any other outcomes the commissioner finds desirable.
(c) In developing the maximum standard rates and the incentive-based payments, desirable outcomes, and related criteria, the commissioner, in collaboration with the commissioner of health, shall form an advisory committee. The membership of the advisory committee shall include representation from the consumers advocacy groups (3), the two facility trade associations (3 each), counties (3), commissioner of finance (1), the legislature (2 each from both the house and senate), and others the commissioners finds appropriate. By February 1, 1997, the commissioner shall recommend to the legislature changes to facility reimbursement laws and rules which respond to the provisions of this subdivision.
(d) Beginning July 1, 1996, the commissioner shall collect the data from the facilities, the department of health, or others as necessary to determine the extent to which a facility has met any of the outcomes and related criteria. Payment rates under this subdivision shall be effective October 1, 1997.
(e) The commissioner shall report to the legislature on the progress of the advisory committee by January 31, 1996, any necessary changes to the reimbursement methodology proposed under this subdivision. By January 15, 1997, the commissioner shall recommend to the legislature legislation which will implement this reimbursement methodology for rate years beginning on or after the proposed effective date of October 1, 1997.
Sec. 36. Minnesota Statutes 1994, section 256B.501, is amended by adding a subdivision to read:
Subd. 5d. [CHANGES TO ICF/MR REIMBURSEMENT BEGINNING OCTOBER 1, 1995.] The reimbursement changes in this subdivision apply to Minnesota Rules, parts 9553.0010 to 9553.0080, and this section, beginning October 1, 1995.
For rate years beginning on or after October 1, 1995, the commissioner shall limit a facility's allowable historical general operating cost per diem for each rate year as in clauses (1) to (3):
(1) to the lesser of the prior reporting year's allowable historical general operating cost per diem plus the inflation factor as established in subdivision 3c, clause (2), increased by three percentage points for the rate year beginning October 1, 1995, or the current reporting year's corresponding allowable operating cost per diem, after adjustment for the application of subdivision 5b, paragraph (d), clause (7);
(2) to the lesser of the prior reporting year's allowable historical general operating cost per diem plus the inflation factor as established in subdivision 3c, clause (2), increased by one percentage point for the rate year beginning October 1, 1996, or the current reporting year's corresponding allowable operating cost per diem, after adjustment for the application of subdivision 5b, paragraph (d), clause (7); and
(3) to the lesser of the prior reporting year's allowable historical general operating cost per diem plus the inflation factor as established in subdivision 3c, clause (2), for rate years beginning on or after October 1, 1997, or the current reporting year's corresponding allowable operating cost per diem, after adjustment for the application of subdivision 5b, paragraph (d), clause (7).
After applying these provisions for the respective rate years, the commissioner shall index these allowable operating cost per diems by the inflation factor provided for in subdivision 3c, clause (1), and add the facility's efficiency incentive as provided in subdivision 5a, paragraph (a).
Sec. 37. Minnesota Statutes 1994, section 256B.501, subdivision 8, is amended to read:
Subd. 8. [PAYMENT FOR PERSONS WITH SPECIAL NEEDS.] The
commissioner shall establish by December 31, 1983, procedures to
be followed by the counties to seek authorization from the
commissioner for medical assistance reimbursement for very
dependent persons with special needs in an amount in excess of
the rates allowed pursuant to subdivision
subdivisions 2 and 8a, including rates established
under section 252.46 when they apply to services provided to
residents of intermediate care facilities for persons with mental
retardation or related conditions, and procedures to be followed
for rate limitation exemptions for intermediate care facilities
for persons with mental retardation or related conditions. No
excess payment approved by the commissioner after June 30, 1991,
shall be authorized unless:
(1) the need for specific level of service is documented in the individual service plan of the person to be served;
(2) the level of service needed can be provided within the rates established under section 252.46 and Minnesota Rules, parts 9553.0010 to 9553.0080, without a rate exception within 12 months;
(3) staff hours beyond those available under the rates established under section 252.46 and Minnesota Rules, parts 9553.0010 to 9553.0080, necessary to deliver services do not exceed 1,440 hours within 12 months;
(4) there is a basis for the estimated cost of services;
(5) the provider requesting the exception documents that current per diem rates are insufficient to support needed services;
(6) estimated costs, when added to the costs of current medical assistance-funded residential and day training and habilitation services and calculated as a per diem, do not exceed the per diem established for the regional treatment centers for persons with mental retardation and related conditions on July 1, 1990, indexed annually by the urban consumer price index, all items, as forecasted by Data Resources Inc., for the next fiscal year over the current fiscal year;
(7) any contingencies for an approval as outlined in writing by the commissioner are met; and
(8) any commissioner orders for use of preferred providers are met.
The commissioner shall evaluate the services provided pursuant to this subdivision through program and fiscal audits.
The commissioner may terminate the rate exception at any time under any of the conditions outlined in Minnesota Rules, part 9510.1120, subpart 3, for county termination, or by reason of information obtained through program and fiscal audits which indicate the criteria outlined in this subdivision have not been, or are no longer being, met.
The commissioner may approve no more than one rate exception, up to 12 months duration, for an eligible client.
Sec. 38. Minnesota Statutes 1994, section 256B.501, is amended by adding a subdivision to read:
Subd. 8a. [PAYMENT FOR PERSONS WITH SPECIAL NEEDS FOR CRISIS INTERVENTION SERVICES.] State-operated, community-based crisis services provided in accordance with section 252.50, subdivision 7, to a resident of an intermediate care facility for persons with mental retardation (ICF/MR) reimbursed under this section shall be paid by medical assistance in accordance with the paragraphs (a) to (h).
(a) "Crisis services" means the specialized services listed in clauses (1) to (3) provided to prevent the recipient from requiring placement in a more restrictive institutional setting such as an inpatient hospital or regional treatment center and to maintain the recipient in the present community setting.
(1) The crisis services provider shall assess the recipient's behavior and environment to identify factors contributing to the crisis.
(2) The crisis services provider shall develop a recipient-specific intervention plan in coordination with the service planning team and provide recommendations for revisions to the individual service plan if necessary to prevent or minimize the likelihood of future crisis situations. The intervention plan shall include a transition plan to aid the recipient in returning to the community-based ICF/MR if the recipient is receiving residential crisis services.
(3) The crisis services provider shall consult with and provide training and ongoing technical assistance to the recipient's service providers to aid in the implementation of the intervention plan and revisions to the individual service plan.
(b) "Residential crisis services" means crisis services that are provided to a recipient admitted to the crisis services foster care setting because the ICF/MR receiving reimbursement under this section is not able, as determined by the commissioner, to provide the intervention and protection of the recipient and others living with the recipient that is necessary to prevent the recipient from requiring placement in a more restrictive institutional setting.
(c) Crisis services providers must be licensed by the commissioner under section 245A.03 to provide foster care, must exclusively provide short-term crisis intervention, and must not be located in a private residence.
(d) Payment rates are determined annually for each crisis services provider based on cost of care for each provider as defined in section 246.50. Interim payment rates are calculated on a per diem basis by dividing the projected cost of providing care by the projected number of contact days for the fiscal year, as estimated by the commissioner. Final payment rates are calculated by dividing the actual cost of providing care by the actual number of contact days in the applicable fiscal year.
(e) Payment shall be made for each contact day. "Contact day" means any day in which the crisis services provider has face-to-face contact with the recipient or any of the recipient's medical assistance service providers for the purpose of providing crisis services as defined in paragraph (c).
(f) Payment for residential crisis services is limited to 21 days, unless an additional period is authorized by the commissioner. The additional period may not exceed 21 days.
(g) Payment for crisis services shall be made only for services provided while the ICF/MR receiving reimbursement under this section:
(1) has a shared services agreement with the crisis services provider in effect in accordance with section 246.57;
(2) has reassigned payment for the provision of the crisis services under this subdivision to the commissioner in accordance with Code of Federal Regulations, title 42, section 447.10(e); and
(3) has executed a cooperative agreement with the crisis services provider to implement the intervention plan and revisions to the individual service plan as necessary to prevent or minimize the likelihood of future crisis situations, to maintain the recipient in the present community setting, and to prevent the recipient from requiring a more restrictive institutional setting.
(h) Payment to the ICF/MR receiving reimbursement under this section shall be made for up to 18 therapeutic leave days during which the recipient is receiving residential crisis services, if the ICF/MR is otherwise eligible to receive payment for a therapeutic leave day under Minnesota Rules, part 9505.0415. Payment under this paragraph shall be terminated if the commissioner determines that the ICF/MR is not meeting the terms of the cooperative agreement under paragraph (g) or that the recipient will not return to the ICF/MR.
Sec. 39. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 18. [ALTERNATIVE INTEGRATED LONG-TERM CARE SERVICES; ELDERLY AND DISABLED PERSONS.] The commissioner may implement demonstration projects to create alternative integrated delivery systems for acute and long-term care services to elderly and disabled persons that provide increased coordination, improve access to quality services, and mitigate future cost increases. The commissioner may seek federal authority to combine Medicare and Medicaid capitation payments for the purpose of such demonstrations. Medicare funds and services shall be administered according to the terms and conditions of the federal waiver and demonstration provisions. For the purpose of administering medical assistance funds, demonstrations under this subdivision are subject to subdivisions 1 to 17. The provisions of Minnesota Rules, parts 9500.1450 to 9500.1464, apply to these demonstrations, with the exceptions of parts 9500.1452, subpart 2, item B; and 9500.1457, subpart 1, items B and C, which do not apply to elderly persons enrolling in demonstrations under this section. An initial open enrollment period may be provided. Persons who disenroll from demonstrations under this subdivision remain subject to Minnesota Rules, parts 9500.1450 to 9500.1464. When a person is enrolled in a health plan under these demonstrations and the health plan's participation is subsequently terminated for any reason, the person shall be provided an opportunity to select a new health plan and shall have the right to change health plans within the first 60 days of enrollment in the second health
plan. Persons required to participate in health plans under this section who fail to make a choice of health plan shall not be randomly assigned to health plans under these demonstrations. Notwithstanding section 256.9363, subdivision 5, and Minnesota Rules, part 9505.5220, subpart 1, item A, if adopted, for the purpose of demonstrations under this subdivision, the commissioner may contract with managed care organizations to serve only elderly persons eligible for medical assistance, elderly and disabled persons, or disabled persons only.
Before implementation of a demonstration project for disabled persons, the commissioner must provide information to appropriate committees of the house and senate and must involve representatives of affected disability groups in the design of the demonstration projects.
Sec. 40. [ICF/MR RULE REVISION RECORDKEEPING.]
The commissioner shall consider various time record and time distribution recordkeeping requirements when developing rule revisions for cost allocation regarding intermediate care facilities for persons with mental retardation or related conditions. The commissioner shall consider information from the public, including providers, provider associations, advocates, and counties when developing rule amendments in the area of cost allocation.
From July 1, 1995, until June 30, 1996, all employees and consultants of ICFs/MR, including any individual for whom any portion of that individual's compensation is reported for reimbursement under Minnesota Rules, parts 9553.0010 to 9553.0080, shall document their service to all sites according to paragraphs (a) to (c). For this purpose, and for paragraphs (a) to (c), "employee" means an individual who is compensated by a facility or provider group for necessary services on any hourly or salaried basis. Employees and consultants for whom no portion of that individual's total compensation is reported for reimbursement in Minnesota Rules, parts 9553.0010 to 9553.0080, are exempt from the recordkeeping requirements in paragraphs (a) to (c).
(a) Time and attendance records are required for all employees and consultants as set forth in Minnesota Statutes, section 256B.432, subdivision 8.
(b) Employees and consultants shall keep time records on a daily basis showing the actual time spent on various activities, as required by Minnesota Rules, part 9553.0030, except that employees with multiple duties must not use a sampling method.
(c) All employees and consultants who work for the benefit of more than one site shall keep a record of where work is performed. This record must specify the time in which work performed at a site solely benefits that site. The amount of time reported for work performed at a site for the sole benefit of that site does not need to be adjusted for brief, infrequent telephone interruptions, time spent away from the site when accompanying clients from that site, and time away from the site for shopping or errands if the shopping or errands benefit solely that site.
For recordkeeping purposes, "site" means a Minnesota ICF/MR, waivered services location, semi-independent living service arrangement, day training and habilitation operation, or similar out-of-state service operation for persons with developmental disabilities. Site also means any nondevelopmental disability service location or any business operation owned or operated by a provider group, either in or outside of Minnesota, whether or not that operation provides a service to persons with developmental disabilities.
Sec. 41. [STUDY OF ICF/MR REIMBURSEMENT METHODOLOGY.]
The commissioner of human services, in cooperation with representatives of private sector intermediate care facilities for persons with mental retardation and related conditions, shall develop alternatives to reimbursement methodologies that limit reimbursement to high-cost facilities. The alternatives considered must include proposals to reduce the ICF/MR inflation factor by an identical percentage for all facilities. The commissioner shall submit recommendations and proposed legislation to the legislature by December 15, 1995.
Sec. 42. [REPEALER.]
Subdivision 1. Minnesota Statutes 1994, sections 144.0723, subdivision 5; 144A.073, subdivision 3a; and 252.47, are repealed.
Subd. 2. Minnesota Statutes 1994, section 256B.501, subdivisions 3d and 3e, are repealed for rate years beginning after September 30, 1996.
Subd. 3. Minnesota Statutes 1994, section 256B.501, subdivision 3f, is repealed effective July 1, 1995.
Sec. 43. [EFFECTIVE DATES.]
Subdivision 1. [NURSING HOME MORATORIUM.] Sections 12, 13, 16, 17, and 18 (144A.071, subdivision 5a; 144A.073, subdivisions 1, 3c, 4, and 5) are effective the day following final enactment.
Subd. 2. [ICF/MR.] Sections 37 and 38 (256B.501, subdivisions 8 and 8a) are effective upon publication in the State Register by the commissioner of human services that federal approval is received.
Section 1. Minnesota Statutes 1994, section 245.041, is
245.041 [PROVISION OF FIREARMS BACKGROUND CHECK INFORMATION.]
Notwithstanding section 253B.23, subdivision 9, the commissioner of human services shall provide commitment information to local law enforcement agencies on an individual request basis by means of electronic data transfer from the department of human services through the Minnesota crime information system for the sole purpose of facilitating a firearms background check under section 624.7131, 624.7132, or 624.714. The information to be provided is limited to whether the person has been committed under chapter 253B and, if so, the type of commitment.
Sec. 2. Minnesota Statutes 1994, section 245.4871, subdivision 12, is amended to read:
Subd. 12. [EARLY MENTAL HEALTH IDENTIFICATION
AND INTERVENTION SERVICES.] "Early Mental health
identification and intervention services" means services that are
designed to identify children who are at risk of needing or who
need mental health services and that arrange for intervention and
treatment.
Sec. 3. Minnesota Statutes 1994, section 245.4871, subdivision 33a, is amended to read:
Subd. 33a. [SPECIAL CULTURALLY INFORMED MENTAL
HEALTH CONSULTANT.] "Special Culturally informed
mental health consultant" is a mental health practitioner or
professional with special expertise in treating children from a
particular cultural or racial minority group person who is
recognized by the culture as one who has knowledge of a
particular culture and its definition of health and mental
health; and who is used as necessary to assist the county board
and its mental health providers in assessing and providing
appropriate mental health services for children from that
particular cultural, linguistic, or racial heritage and their
families.
Sec. 4. Minnesota Statutes 1994, section 245.4871, is amended by adding a subdivision to read:
Subd. 35. [TRANSITION SERVICES.] "Transition services" means mental health services, designed within an outcome oriented process that promotes movement from school to postschool activities, including post-secondary education, vocational training, integrated employment including supported employment, continuing and adult education, adult mental health and social services, other adult services, independent living, or community participation.
Sec. 5. Minnesota Statutes 1994, section 245.4873, subdivision 6, is amended to read:
Subd. 6. [PRIORITIES.] By January 1, 1992, the commissioner shall require that each of the treatment services and management activities described in sections 245.487 to 245.4888 be developed for children with emotional disturbances within available resources based on the following ranked priorities. The commissioner shall reassign agency staff and use consultants as necessary to meet this deadline:
(1) the provision of locally available mental health emergency services;
(2) the provision of locally available mental health services to all children with severe emotional disturbance;
(3) the provision of early mental health
identification and intervention services to children who are at
risk of needing or who need mental health services;
(4) the provision of specialized mental health services regionally available to meet the special needs of all children with severe emotional disturbance, and all children with emotional disturbances;
(5) the provision of locally available services to children with emotional disturbances; and
(6) the provision of education and preventive mental health services.
Sec. 6. Minnesota Statutes 1994, section 245.4874, is amended to read:
245.4874 [DUTIES OF COUNTY BOARD.]
The county board in each county shall use its share of mental health and community social services act funds allocated by the commissioner according to a biennial children's mental health component of the community social services plan required under section 245.4888, and approved by the commissioner. The county board must:
(1) develop a system of affordable and locally available children's mental health services according to sections 245.487 to 245.4888;
(2) establish a mechanism providing for interagency coordination as specified in section 245.4875, subdivision 6;
(3) develop a biennial children's mental health component of the community social services plan required under section 256E.09 which considers the assessment of unmet needs in the county as reported by the local children's mental health advisory council under section 245.4875, subdivision 5, paragraph (b), clause (3). The county shall provide, upon request of the local children's mental health advisory council, readily available data to assist in the determination of unmet needs;
(4) assure that parents and providers in the county receive information about how to gain access to services provided according to sections 245.487 to 245.4888;
(5) coordinate the delivery of children's mental health services with services provided by social services, education, corrections, health, and vocational agencies to improve the availability of mental health services to children and the cost-effectiveness of their delivery;
(6) assure that mental health services delivered according to sections 245.487 to 245.4888 are delivered expeditiously and are appropriate to the child's diagnostic assessment and individual treatment plan;
(7) provide the community with information about predictors and symptoms of emotional disturbances and how to access children's mental health services according to sections 245.4877 and 245.4878;
(8) provide for case management services to each child with severe emotional disturbance according to sections 245.486; 245.4871, subdivisions 3 and 4; and 245.4881, subdivisions 1, 3, and 5;
(9) provide for screening of each child under section 245.4885 upon admission to a residential treatment facility, acute care hospital inpatient treatment, or informal admission to a regional treatment center;
(10) prudently administer grants and purchase-of-service contracts that the county board determines are necessary to fulfill its responsibilities under sections 245.487 to 245.4888;
(11) assure that mental health professionals, mental health practitioners, and case managers employed by or under contract to the county to provide mental health services are qualified under section 245.4871;
(12) assure that children's mental health services are coordinated with adult mental health services specified in sections 245.461 to 245.486 so that a continuum of mental health services is available to serve persons with mental illness, regardless of the person's age; and
(13) assure that special culturally informed
mental health consultants are used as necessary to assist the
county board in assessing and providing appropriate treatment for
children of cultural or racial minority heritage.
Sec. 7. Minnesota Statutes 1994, section 245.4875, subdivision 2, is amended to read:
Subd. 2. [CHILDREN'S MENTAL HEALTH SERVICES.] The children's mental health service system developed by each county board must include the following services:
(1) education and prevention services according to section 245.4877;
(2) early mental health identification and
intervention services according to section 245.4878;
(3) emergency services according to section 245.4879;
(4) outpatient services according to section 245.488;
(5) family community support services according to section 245.4881;
(6) day treatment services according to section 245.4884, subdivision 2;
(7) residential treatment services according to section 245.4882;
(8) acute care hospital inpatient treatment services according to section 245.4883;
(9) screening according to section 245.4885;
(10) case management according to section 245.4881;
(11) therapeutic support of foster care according to section 245.4884, subdivision 4; and
(12) professional home-based family treatment according to section 245.4884, subdivision 4.
Sec. 8. Minnesota Statutes 1994, section 245.4875, is amended by adding a subdivision to read:
Subd. 8. [TRANSITION SERVICES.] The county board may continue to provide mental health services as defined in sections 245.487 to 245.4888 to persons over 18 years of age, but under 21 years of age, if the person was receiving case management or family community support services prior to age 18, and if one of the following conditions is met:
(1) the person is receiving special education services through the local school district; or
(2) it is in the best interest of the person to continue services defined in sections 245.487 to 245.4888.
Sec. 9. Minnesota Statutes 1994, section 245.4878, is amended to read:
245.4878 [EARLY MENTAL HEALTH IDENTIFICATION AND
INTERVENTION.]
By January 1, 1991, early mental health
identification and intervention services must be available to
meet the needs of all children and their families residing in the
county, consistent with section 245.4873. Early Mental
health identification and intervention services must be
designed to identify children who are at risk of needing or who
need mental health services. The county board must provide
intervention and offer treatment services to each child who is
identified as needing mental health services. The county board
must offer intervention services to each child who is identified
as being at risk of needing mental health services.
Sec. 10. Minnesota Statutes 1994, section 245.4882, subdivision 5, is amended to read:
Subd. 5. [SPECIALIZED RESIDENTIAL TREATMENT SERVICES.] The
commissioner of human services shall continue efforts to further
interagency collaboration to develop a comprehensive system of
services, including family community support and specialized
residential treatment services for children. The services shall
be designed for children with emotional disturbance who exhibit
violent or destructive behavior and for whom local treatment
services are not feasible due to the small number of children
statewide who need the services and the specialized nature of the
services required. The services shall be located in community
settings. If no appropriate services are available in Minnesota
or within the geographical area in which the residents of the
county normally do business, the commissioner is responsible,
effective July 1, 1995 1997, for 50 percent of the
nonfederal costs of out-of-state treatment of children for whom
no appropriate resources are available in Minnesota. Counties
are eligible to receive enhanced state funding under this section
only if they have established juvenile screening teams under
section 260.151, subdivision 3, and if the out-of-state treatment
has been approved by the commissioner. By January 1, 1995, the
commissioners of human services and corrections shall jointly
develop a plan, including a financing strategy, for increasing
the in-state availability of treatment within a secure setting.
By July 1, 1994, the commissioner of human services shall
also:
(1) conduct a study and develop a plan to meet the needs of children with both a developmental disability and severe emotional disturbance; and
(2) study the feasibility of expanding medical assistance coverage to include specialized residential treatment for the children described in this subdivision.
Sec. 11. Minnesota Statutes 1994, section 245.4885, subdivision 2, is amended to read:
Subd. 2. [QUALIFICATIONS.] No later than July 1, 1991,
screening of children for residential and inpatient services must
be conducted by a mental health professional. Where appropriate
and available, special culturally informed mental
health consultants must participate in the screening. Mental
health professionals providing screening for inpatient and
residential services must not be financially affiliated with any
acute care inpatient hospital, residential treatment facility, or
regional treatment center. The commissioner may waive this
requirement for mental health professional participation after
July 1, 1991, if the county documents that:
(1) mental health professionals or mental health practitioners are unavailable to provide this service; and
(2) services are provided by a designated person with training in human services who receives clinical supervision from a mental health professional.
Sec. 12. Minnesota Statutes 1994, section 245.4886, is amended by adding a subdivision to read:
Subd. 3. [GRANTS FOR ADOLESCENT SERVICES.] The commissioner may make grants for community-based services for adolescents who have serious emotional disturbance and exhibit violent behavior. The commissioner may administer these grants as a supplement to the grants for children's community-based mental health services under subdivision 1. The same administrative requirements shall apply to these grants as the grants under subdivision 1, except that these grants:
(1) shall be primarily for areas with the greatest need for services;
(2) may be used for assessment, family community support services specialized treatment approaches, specialized adolescent community-based residential treatment, and community transition services for adolescents and preadolescents who have serious emotional disturbance and exhibit violent behavior;
(3) shall emphasize intensive services as an alternative to placement;
(4) shall not be used to supplant existing funds;
(5) shall require grantees to continue base level funding as defined in section 245.492, subdivision 2;
(6) must, wherever possible, be administered under the auspices of a children's mental health collaborative established under section 245.491 if the collaborative chooses to serve the target population;
(7) must be used for mental health services that are integrated with other services whenever possible; and
(8) must be based on a proposal submitted to the commissioner by a children's mental health collaborative or a county board that is based on guidelines published by the commissioner. The guidelines must require that proposed services be based on treatment methods that have proven effective, or that show promise, in meeting the needs of this population. The guidelines may incorporate preferences for proposals that would convert existing residential treatment beds for children in the county or collaborative's service area to community-based mental health services, encourage the active participation of the children's families in the treatment plans of these children, or promote the integration of these children into school, home, and community.
Sec. 13. Minnesota Statutes 1994, section 245.492, subdivision 2, is amended to read:
Subd. 2. [BASE LEVEL FUNDING.] "Base level funding" means
funding received from state, federal, or local sources and
expended across the local system of care in fiscal year
1993 1995 for children's mental health services
or, for special education services, and for
other services for children with emotional or behavioral
disturbances and their families.
In subsequent years, base level funding may be adjusted to reflect decreases in the numbers of children in the target population.
Sec. 14. Minnesota Statutes 1994, section 245.492, subdivision 6, is amended to read:
Subd. 6. [INITIAL OPERATIONAL TARGET
POPULATION.] "Initial Operational target
population" means a population of children that the local
children's mental health collaborative agrees to serve in the
start-up phase and who meet fall within the
criteria for the target population. The initial
operational target population may be less than the target
population.
Sec. 15. Minnesota Statutes 1994, section 245.492, subdivision 9, is amended to read:
Subd. 9. [INTEGRATED SERVICE SYSTEM.] "Integrated service system" means a coordinated set of procedures established by the local children's mental health collaborative for coordinating services and actions across categorical systems and agencies that results in:
(1) integrated funding;
(2) improved outreach, early identification, and intervention across systems;
(3) strong collaboration between parents and professionals in identifying children in the target population facilitating access to the integrated system, and coordinating care and services for these children;
(4) a coordinated assessment process across systems that determines which children need multiagency care coordination and wraparound services;
(5) multiagency plan of care; and
(6) wraparound individualized rehabilitation
services.
Services provided by the integrated service system must meet the requirements set out in sections 245.487 to 245.4887. Children served by the integrated service system must be economically and culturally representative of children in the service delivery area.
Sec. 16. Minnesota Statutes 1994, section 245.492, subdivision 23, is amended to read:
Subd. 23. [WRAPAROUND INDIVIDUALIZED
REHABILITATION SERVICES.] "Wraparound
Individualized rehabilitation services" are alternative,
flexible, coordinated, and highly individualized services that
are based on a multiagency plan of care. These services are
designed to build on the strengths and respond to the needs
identified in the child's multiagency assessment and to improve
the child's ability to function in the home, school, and
community. Wraparound Individualized
rehabilitation services may include, but are not limited to,
residential services, respite services, services that assist the
child or family in enrolling in or participating in recreational
activities, assistance in purchasing otherwise unavailable items
or services important to maintain a specific child in the family,
and services that assist the child to participate in more
traditional services and programs.
Sec. 17. Minnesota Statutes 1994, section 245.493, subdivision 2, is amended to read:
Subd. 2. [GENERAL DUTIES OF THE LOCAL CHILDREN'S MENTAL HEALTH COLLABORATIVES.] Each local children's mental health collaborative must:
(1) notify the commissioner of human services within ten days of formation by signing a collaborative agreement and providing the commissioner with a copy of the signed agreement;
(2) identify a service delivery area and an
initial operational target population within that
service delivery area. The initial operational
target population must be economically and culturally
representative of children in the service delivery area to be
served by the local children's mental health collaborative. The
size of the initial operational target population
must also be economically viable for the service delivery
area;
(2) (3) seek to maximize federal revenues
available to serve children in the target population by
designating local expenditures for mental health services
for these children and their families that can be matched
with federal dollars;
(3) (4) in consultation with the local children's
advisory council and the local coordinating council, if it is not
the local children's mental health collaborative, design,
develop, and ensure implementation of an integrated service
system that meets the requirements for state and federal
reimbursement and develop interagency agreements necessary to
implement the system;
(4) (5) expand membership to include
representatives of other services in the local system of care
including prepaid health plans under contract with the
commissioner of human services to serve the mental health
needs of children in the target population and
their families;
(5) (6) create or designate a management
structure for fiscal and clinical responsibility and outcome
evaluation;
(6) (7) spend funds generated by the local
children's mental health collaborative as required in sections
245.491 to 245.496; and
(7) (8) explore methods and recommend changes
needed at the state level to reduce duplication and promote
coordination of services including the use of uniform forms for
reporting, billing, and planning of services.;
(9) submit its integrated service system design to the state coordinating council for approval within one year of notifying the commissioner of human services of its formation;
(10) provide an annual report that includes the elements listed in section 245.494, subdivision 2, and the collaborative's planned timeline to expand its operational target population to the state coordinating council; and
(11) expand its operational target population.
Each local children's mental health collaborative may contract with the commissioner of human services to become a medical assistance provider of mental health services according to section 245.4933.
Sec. 18. Minnesota Statutes 1994, section 245.4932, subdivision 1, is amended to read:
Subdivision 1. [PROVIDER COLLABORATIVE
RESPONSIBILITIES.] The children's mental health collaborative
shall have the following authority and responsibilities regarding
federal revenue enhancement:
(1) the collaborative must establish an integrated fund;
(2) the collaborative shall designate a lead county or other qualified entity as the fiscal agency for reporting, claiming, and receiving payments;
(2) (3) the collaborative or lead county may
enter into subcontracts with other counties, school districts,
special education cooperatives, municipalities, and other public
and nonprofit entities for purposes of identifying and claiming
eligible expenditures to enhance federal reimbursement;
(3) (4) the collaborative shall use any enhanced
revenue attributable to the activities of the collaborative,
including administrative and service revenue, solely to provide
mental health services or to expand the operational target
population. The lead county or other qualified entity may not use
enhanced federal revenue for any other purpose;
(5) the members of the collaborative must continue the base level of expenditures, as defined in section 245.492, subdivision 2, for services for children with emotional or behavioral disturbances and their families from any state, county, federal, or other public or private funding source which, in the absence of the new federal reimbursement earned under sections 245.491 to 245.496, would have been available for those services. The base year for purposes of this subdivision shall be the accounting period closest to state fiscal year 1993;
(4) (6) the collaborative or lead county must
develop and maintain an accounting and financial management
system adequate to support all claims for federal reimbursement,
including a clear audit trail and any provisions specified in the
contract with the commissioner of human services;
(5) (7) the collaborative shall or its
members may elect to pay the nonfederal share of the medical
assistance costs for services designated by the collaborative;
and
(6) (8) the lead county or other qualified entity
may not use federal funds or local funds designated as matching
for other federal funds to provide the nonfederal share of
medical assistance.
Sec. 19. Minnesota Statutes 1994, section 245.4932, subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER'S RESPONSIBILITIES.] (1) Notwithstanding sections 256B.19, subdivision 1, and 256B.0625, the commissioner shall be required to amend the state medical assistance plan to include as covered services eligible for medical assistance reimbursement, those services eligible for reimbursement under federal law
or waiver, which a collaborative elects to provide and for which the collaborative elects to pay the nonfederal share of the medical assistance costs.
(2) The commissioner may suspend, reduce, or terminate the
federal reimbursement to a provider collaborative
that does not meet the requirements of sections 245.493 to
245.496.
(3) The commissioner shall recover from the collaborative any federal fiscal disallowances or sanctions for audit exceptions directly attributable to the collaborative's actions or the proportional share if federal fiscal disallowances or sanctions are based on a statewide random sample.
Sec. 20. Minnesota Statutes 1994, section 245.4932, subdivision 3, is amended to read:
Subd. 3. [PAYMENTS.] Notwithstanding section 256.025,
subdivision 2, payments under sections 245.493 to 245.496 to
providers for wraparound service expenditures and expenditures
for other services for which the collaborative elects to pay
the nonfederal share of medical assistance shall only be made of
federal earnings from services provided under sections 245.493 to
245.496.
Sec. 21. Minnesota Statutes 1994, section 245.4932, subdivision 4, is amended to read:
Subd. 4. [CENTRALIZED DISBURSEMENT OF MEDICAL ASSISTANCE
PAYMENTS.] Notwithstanding section 256B.041, and except for
family community support services and therapeutic support of
foster care, county payments for the cost of wraparound
services and other services for which the collaborative
elects to pay the nonfederal share, for reimbursement under
medical assistance, shall not be made to the state treasurer.
For purposes of wraparound individualized
rehabilitation services under sections 245.493 to 245.496,
the centralized disbursement of payments to providers under
section 256B.041 consists only of federal earnings from services
provided under sections 245.493 to 245.496.
Sec. 22. [245.4933] [MEDICAL ASSISTANCE PROVIDER STATUS.]
Subdivision 1. [REQUIREMENTS TO SERVE CHILDREN NOT ENROLLED IN A PREPAID MEDICAL ASSISTANCE OR MINNESOTACARE HEALTH PLAN.] (a) In order for a local children's mental health collaborative to become a prepaid provider of medical assistance services and be eligible to receive medical assistance reimbursement, the collaborative must:
(1) enter into a contract with the commissioner of human services to provide mental health services including inpatient, outpatient, medication management, services under the rehabilitation option, and related physician services;
(2) meet the applicable federal requirements;
(3) either carry stop-loss insurance or enter into a risk-sharing agreement with the commissioner of human services; and
(4) provide medically necessary medical assistance mental health services to children in the target population who enroll in the local children's mental health collaborative.
(b) Upon execution of the provider contract with the commissioner of human services the local children's mental health collaborative may:
(1) provide mental health services which are not medical assistance state plan services in addition to the state plan services described in the contract with the commissioner of human services; and
(2) enter into subcontracts which meet the requirements of Code of Federal Regulations, title 42, section 434.6, with other providers of mental health services including prepaid health plans established under section 256B.69.
Subd. 2. [REQUIREMENTS TO SERVE CHILDREN ENROLLED IN A PREPAID HEALTH PLAN.] A children's mental health collaborative may serve children in the collaborative's target population who are enrolled in a prepaid health plan under contract with the commissioner of human services by contracting with one or more such health plans to provide medical assistance or MinnesotaCare mental health services to children enrolled in the health plan. The collaborative and the health plan shall work cooperatively to ensure the integration of physical and mental health services.
Subd. 3. [REQUIREMENTS TO SERVE CHILDREN WHO BECOME ENROLLED IN A PREPAID HEALTH PLAN.] A children's mental health collaborative may provide prepaid medical assistance or MinnesotaCare mental health services to children who are not enrolled in prepaid health plans until those children are enrolled. Publication of a request for proposals in the State Register shall serve as notice to the collaborative of the commissioner's intent to execute contracts for medical assistance and MinnesotaCare services. In order to become or continue to be a provider of medical assistance or MinnesotaCare services the collaborative may contract with one or more such prepaid health plans after the collaborative's target population is enrolled in a prepaid health plan. The collaborative and the health plan shall work cooperatively to ensure the integration of physical and mental health services.
Subd. 4. [COMMISSIONER'S DUTIES.] (a) The commissioner of human services shall provide to each children's mental health collaborative that is considering whether to become a prepaid provider of mental health services the commissioner's best estimate of a capitated payment rate prior to an actuarial study based upon the collaborative's operational target population. The capitated payment rate shall be adjusted annually, if necessary, for changes in the operational target population.
(b) The commissioner shall negotiate risk adjustment and reinsurance mechanisms with children's mental health collaboratives that become medical assistance providers including those that subcontract with prepaid health plans.
Subd. 5. [NONCONTRACTING COLLABORATIVES.] A local children's mental health collaborative that does not become a prepaid provider of medical assistance or MinnesotaCare services may provide services through individual members of a noncontracting collaborative who have a medical assistance provider agreement to eligible recipients who are not enrolled in the health plan.
Subd. 6. [INDIVIDUALIZED REHABILITATION SERVICES.] A children's mental health collaborative with an integrated service system approved by the state coordinating council may become a medical assistance provider for the purpose of obtaining prior authorization for and providing individualized rehabilitation services.
Sec. 23. Minnesota Statutes 1994, section 245.494, subdivision 1, is amended to read:
Subdivision 1. [STATE COORDINATING COUNCIL.] The state coordinating council, in consultation with the integrated fund task force, shall:
(1) assist local children's mental health collaboratives in meeting the requirements of sections 245.491 to 245.496, by seeking consultation and technical assistance from national experts and coordinating presentations and assistance from these experts to local children's mental health collaboratives;
(2) assist local children's mental health collaboratives in
identifying an economically viable initial
operational target population;
(3) develop methods to reduce duplication and promote coordinated services including uniform forms for reporting, billing, and planning of services;
(4) by September 1, 1994, develop a model multiagency plan of care that can be used by local children's mental health collaboratives in place of an individual education plan, individual family community support plan, individual family support plan, and an individual treatment plan;
(5) assist in the implementation and operation of local children's mental health collaboratives by facilitating the integration of funds, coordination of services, and measurement of results, and by providing other assistance as needed;
(6) by July 1, 1993, develop a procedure for awarding start-up funds. Development of this procedure shall be exempt from chapter 14;
(7) develop procedures and provide technical assistance to allow local children's mental health collaboratives to integrate resources for children's mental health services with other resources available to serve children in the target population in order to maximize federal participation and improve efficiency of funding;
(8) ensure that local children's mental health collaboratives and the services received through these collaboratives meet the requirements set out in sections 245.491 to 245.496;
(9) identify base level funding from state and federal sources across systems;
(10) explore ways to access additional federal funds and enhance revenues available to address the needs of the target population;
(11) develop a mechanism for identifying the state share of funding for services to children in the target population and for making these funds available on a per capita basis for services provided through the local children's mental health collaborative to children in the target population. Each year beginning January 1, 1994, forecast the growth in the state share and increase funding for local children's mental health collaboratives accordingly;
(12) identify barriers to integrated service systems that arise from data practices and make recommendations including legislative changes needed in the data practices act to address these barriers; and
(13) annually review the expenditures of local children's mental health collaboratives to ensure that funding for services provided to the target population continues from sources other than the federal funds earned under sections 245.491 to 245.496 and that federal funds earned are spent consistent with sections 245.491 to 245.496.
Sec. 24. Minnesota Statutes 1994, section 245.494, subdivision 3, is amended to read:
Subd. 3. [DUTIES OF THE COMMISSIONER OF HUMAN SERVICES.] The commissioner of human services, in consultation with the integrated fund task force, shall:
(1) beginning January 1, in the first quarter of
1994, in areas where a local children's mental health
collaborative has been established, based on an independent
actuarial analysis, separate identify all medical
assistance, general assistance medical care, and
MinnesotaCare resources devoted to mental health services for
children and their families in the target
population including inpatient, outpatient, medication
management, services under the rehabilitation option, and related
physician services from in the total health
capitation from of prepaid plans, including
plans established under contract with the commissioner to
provide medical assistance services under section
256B.69;, for the target population as identified in
section 245.492, subdivision 21, and develop guidelines for
managing these mental health benefits that will require all
contractors to:
(i) provide mental health services eligible for medical
assistance reimbursement;
(ii) meet performance standards established by the
commissioner of human services including providing services
consistent with the requirements and standards set out in
sections 245.487 to 245.4888 and 245.491 to 245.496;
(iii) provide the commissioner of human services with data
consistent with that collected under sections 245.487 to
245.4888; and
(iv) in service delivery areas where there is a local
children's mental health collaborative for the target population
defined by local children's mental health collaborative:
(A) participate in the local children's mental health
collaborative;
(B) commit resources to the integrated fund that are
actuarially equivalent to resources received for the target
population being served by local children's mental health
collaboratives; and
(C) meet the requirements and the performance standards
developed for local children's mental health
collaboratives;
(2) ensure that any prepaid health plan that is operating
within the jurisdiction of a local children's mental health
collaborative and that is able to meet all the requirements under
section 245.494, subdivision 3, paragraph (1), items (i) to (iv),
shall have 60 days from the date of receipt of written notice of
the establishment of the collaborative to decide whether it will
participate in the local children's mental health collaborative;
the prepaid health plan shall notify the collaborative and the
commissioner of its decision to participate;
(3) (2) assist each children's mental health
collaborative to determine an actuarially feasible operational
target population;
(3) ensure that a prepaid health plan that contracts with the commissioner to provide medical assistance or MinnesotaCare services shall pass through the identified resources to a collaborative or collaboratives upon the collaboratives meeting the requirements of section 245.4933 to serve the collaborative's operational target population.
The commissioner shall, through an independent actuarial analysis, specify differential rates the prepaid health plan must pay the collaborative based upon severity, functioning, and other risk factors, taking into consideration the fee-for-service experience of children excluded from prepaid medical assistance participation;
(4) ensure that a children's mental health collaborative that enters into an agreement with a prepaid health plan under contract with the commissioner shall accept medical assistance recipients in the operational target population on a first-come, first-served basis up to the collaborative's operating capacity or as determined in the agreement between the collaborative and the commissioner;
(5) ensure that a children's mental health collaborative that receives resources passed through a prepaid health plan under contract with the commissioner shall be subject to the quality assurance standards, reporting of utilization information, standards set out in sections 245.487 to 245.4888, and other requirements established in Minnesota Rules, part 9500.1460;
(6) ensure that any prepaid health plan that contracts with the commissioner, including a plan that contracts under section 256B.69, must enter into an agreement with any collaborative operating in the same service delivery area that:
(i) meets the requirements of section 245.4933;
(ii) is willing to accept the rate determined by the commissioner to provide medical assistance services; and
(iii) requests to contract with the prepaid health plan;
(7) ensure that no agreement between a health plan and a collaborative shall terminate the legal responsibility of the health plan to assure that all activities under the contract are carried out. The agreement may require the collaborative to indemnify the health plan for activities that are not carried out;
(8) ensure that where a collaborative enters into an agreement with the commissioner to provide medical assistance and MinnesotaCare services a separate capitation rate will be determined through an independent actuarial analysis which is based upon the factors set forth in clause (3) to be paid to a collaborative for children in the operational target population who are eligible for medical assistance but not included in the prepaid health plan contract with the commissioner;
(9) ensure that in counties where no prepaid health plan contract to provide medical assistance or MinnesotaCare services exists, a children's mental health collaborative that meets the requirements of section 245.4933 shall:
(i) be paid a capitated rate, actuarially determined, that is based upon the collaborative's operational target population;
(ii) accept medical assistance or MinnesotaCare recipients in the operational target population on a first-come, first-served basis up to the collaborative's operating capacity or as determined in the contract between the collaborative and the commissioner; and
(iii) comply with quality assurance standards, reporting of utilization information, standards set out in sections 245.487 to 245.4888, and other requirements established in Minnesota Rules, part 9500.1460;
(10) subject to federal approval, in the development of rates for local children's mental health collaboratives, the commissioner shall consider, and may adjust, trend and utilization factors, to reflect changes in mental health service utilization and access;
(11) consider changes in mental health service utilization, access, and price, and determine the actuarial value of the services in the maintenance of rates for local children's mental health collaborative provided services, subject to federal approval;
(12) provide written notice to any prepaid health plan operating within the service delivery area of a children's mental health collaborative of the collaborative's existence within 30 days of the commissioner's receipt of notice of the collaborative's formation;
(13) ensure that in a geographic area where both a prepaid health plan including those established under either section 256.9363 or 256B.69 and a local children's mental health collaborative exist, medical assistance and
MinnesotaCare recipients in the operational target population who are enrolled in prepaid health plans will have the choice to receive mental health services through either the prepaid health plan or the collaborative that has a contract with the prepaid health plan, according to the terms of the contract;
(14) develop a mechanism for integrating medical
assistance resources for mental health service with resources
for general assistance medical care, MinnesotaCare,
and any other state and local resources available for services
for children in the operational target population, and
develop a procedure for making these resources available for use
by a local children's mental health collaborative;
(4) (15) gather data needed to manage mental
health care including evaluation data and data necessary to
establish a separate capitation rate for children's mental health
services if that option is selected;
(5) (16) by January 1, 1994, develop a model
contract for providers of mental health managed care that meets
the requirements set out in sections 245.491 to 245.496 and
256B.69, and utilize this contract for all subsequent awards, and
before January 1, 1995, the commissioner of human services shall
not enter into or extend any contract for any prepaid plan that
would impede the implementation of sections 245.491 to
245.496;
(6) (17) develop revenue enhancement or rebate
mechanisms and procedures to certify expenditures made through
local children's mental health collaboratives for services
including administration and outreach that may be eligible for
federal financial participation under medical assistance,
including expenses for administration, and other federal
programs;
(7) (18) ensure that new contracts and extensions
or modifications to existing contracts under section 256B.69 do
not impede implementation of sections 245.491 to 245.496;
(8) (19) provide technical assistance to help
local children's mental health collaboratives certify local
expenditures for federal financial participation, using due
diligence in order to meet implementation timelines for sections
245.491 to 245.496 and recommend necessary legislation to enhance
federal revenue, provide clinical and management flexibility, and
otherwise meet the goals of local children's mental health
collaboratives and request necessary state plan amendments to
maximize the availability of medical assistance for activities
undertaken by the local children's mental health
collaborative;
(9) (20) take all steps necessary to secure
medical assistance reimbursement under the rehabilitation option
for family community support services and therapeutic support of
foster care, and for residential treatment and
wraparound services when these services are provided through a
local children's mental health collaborative
individualized rehabilitation services;
(10) (21) provide a mechanism to identify
separately the reimbursement to a county for child welfare
targeted case management provided to children served by the local
collaborative for purposes of subsequent transfer by the county
to the integrated fund; and
(11) where interested and qualified contractors are
available, finalize contracts within 180 days of receipt of
written notification of the establishment of a local children's
mental health collaborative.
(22) ensure that family members who are enrolled in a prepaid health plan and whose children are receiving mental health services through a local children's mental health collaborative file complaints about mental health services needed by the family members, the commissioner shall comply with section 256B.031, subdivision 6. A collaborative may assist a family to make a complaint; and
(23) facilitate a smooth transition for children receiving prepaid medical assistance or MinnesotaCare services through a children's mental health collaborative who become enrolled in a prepaid health plan.
Sec. 25. Minnesota Statutes 1994, section 245.495, is amended to read:
245.495 [ADDITIONAL FEDERAL REVENUES.]
(a) Each local children's mental health collaborative shall
report expenditures eligible for federal reimbursement in a
manner prescribed by the commissioner of human services under
section 256.01, subdivision 2, clause (17). The commissioner of
human services shall pay all funds earned by each local
children's mental health collaborative to the collaborative. Each
local children's mental health collaborative must use these funds
to expand the initial operational
target population or to develop or provide mental health services through the local integrated service system to children in the target population. Funds may not be used to supplant funding for services to children in the target population.
For purposes of this section, "mental health services" are community-based, nonresidential services, which may include respite care, that are identified in the child's multiagency plan of care.
(b) The commissioner may set aside a portion of the federal funds earned under this section to repay the special revenue maximization account under section 256.01, subdivision 2, clause (15). The set-aside must not exceed five percent of the federal reimbursement earned by collaboratives and repayment is limited to:
(1) the costs of developing and implementing sections 245.491 to 245.496, including the costs of technical assistance from the departments of human services, education, health, and corrections to implement the children's mental health integrated fund;
(2) programming the information systems; and
(3) any lost federal revenue for the central office claim directly caused by the implementation of these sections.
(c) Any unexpended funds from the set-aside described in paragraph (b) shall be distributed to counties according to section 245.496, subdivision 2.
Sec. 26. Minnesota Statutes 1994, section 245.496, subdivision 3, is amended to read:
Subd. 3. [SUBMISSION AND APPROVAL OF LOCAL
COLLABORATIVE PROPOSALS FOR INTEGRATED SYSTEMS.] By December 31,
1994, a local children's mental health collaborative that
received start-up funds must submit to the state coordinating
council its proposal for creating and funding an integrated
service system for children in the target population. A local
children's mental health collaborative which forms without
receiving start-up funds must submit its proposal for creating
and funding an integrated service system within one year of
notifying the commissioner of human services of its
existence. Within 60 days of receiving the local
collaborative proposal the state coordinating council must review
the proposal and notify the local children's mental health
collaborative as to whether or not the proposal has been
approved. If the proposal is not approved, the state
coordinating council must indicate changes needed to receive
approval.
Sec. 27. Minnesota Statutes 1994, section 245.496, is amended by adding a subdivision to read:
Subd. 4. [APPROVAL OF A COLLABORATIVE'S INTEGRATED SERVICE SYSTEM.] A collaborative may not become a medical assistance provider unless the state coordinating council approves a collaborative's proposed integrated service system design. The state coordinating council shall approve the integrated service system proposal only when the following elements are present:
(1) interagency agreements signed by the head of each member agency who has the authority to obligate the agency and which set forth the specific financial commitments of each member agency;
(2) an adequate management structure for fiscal and clinical responsibility including appropriate allocation of risk and liability;
(3) a process of utilization review; and
(4) compliance with sections 245.491 to 245.496.
Sec. 28. Minnesota Statutes 1994, section 246.18, subdivision 4, is amended to read:
Subd. 4. [COLLECTIONS DEPOSITED IN THE GENERAL FUND.] Except
as provided in subdivisions 2 and, 5, and 6,
all receipts from collection efforts for the regional treatment
centers, state nursing homes, and other state facilities as
defined in section 246.50, subdivision 3, must be deposited in
the general fund. The commissioner shall ensure that the
departmental financial reporting systems and internal accounting
procedures comply with federal standards for reimbursement for
program and administrative expenditures and fulfill the purpose
of this paragraph.
Sec. 29. Minnesota Statutes 1994, section 246.18, is amended by adding a subdivision to read:
Subd. 6. [COLLECTIONS DEDICATED.] Except for state-operated programs and services funded through a direct appropriation from the legislature, money received within the regional treatment center system for the following state-operated services is dedicated to the commissioner for the provision of those services:
(1) community-based residential and day training and habilitation services for mentally retarded persons;
(2) community health clinic services;
(3) accredited hospital outpatient department services;
(4) certified rehabilitation agency and rehabilitation hospital services; or
(5) community-based transitional support services for adults with serious and persistent mental illness.
These funds must be deposited in the state treasury in a revolving account and funds in the revolving account are appropriated to the commissioner to operate the services authorized, and any unexpended balances do not cancel but are available until spent.
Sec. 30. Minnesota Statutes 1994, section 246.56, is amended by adding a subdivision to read:
Subd. 3. The commissioner of human services is not required to include indirect costs as defined in section 16A.127 in work activity contracts for patients of the regional treatment centers, and is not required to reimburse the general fund for indirect costs related to work activity programs.
Sec. 31. Minnesota Statutes 1994, section 253B.091, is amended to read:
253B.091 [REPORTING JUDICIAL COMMITMENTS INVOLVING PRIVATE TREATMENT PROGRAMS OR FACILITIES.]
Notwithstanding section 253B.23, subdivision 9, when a committing court judicially commits a proposed patient to a treatment program or facility other than a state-operated program or facility, the court shall report the commitment to the commissioner of human services through the supreme court information system for purposes of providing commitment information for firearm background checks under section 245.041.
Sec. 32. Minnesota Statutes 1994, section 254B.05, subdivision 4, is amended to read:
Subd. 4. [REGIONAL TREATMENT CENTERS.] Regional treatment center chemical dependency treatment units are eligible vendors. The commissioner may expand the capacity of chemical dependency treatment units beyond the capacity funded by direct legislative appropriation to serve individuals who are referred for treatment by counties and whose treatment will be paid for with a county's allocation under section 254B.02 or other funding sources. Notwithstanding the provisions of sections 254B.03 to 254B.041, payment for any person committed by a county to a regional treatment center under chapter 253B for chemical dependency treatment and determined to be ineligible under the chemical dependency consolidated treatment fund, shall become the responsibility of the county.
Sec. 33. Minnesota Statutes 1994, section 256B.0625, subdivision 37, is amended to read:
Subd. 37. [WRAPAROUND INDIVIDUALIZED
REHABILITATION SERVICES.] Medical assistance covers
wraparound individualized rehabilitation services
as defined in section 245.492, subdivision 20, that are
provided through a local children's mental health collaborative,
as that entity is defined in section 245.492, subdivision 11
23, that are provided by a collaborative, county, or an entity
under contract with a county through an integrated service
system, as described in section 245.4931, that is approved by the
state coordinating council, subject to federal approval.
Sec. 34. Minnesota Statutes 1994, section 256B.092, subdivision 4, is amended to read:
Subd. 4. [HOME AND COMMUNITY-BASED SERVICES FOR PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS.] (a) The commissioner shall make payments to approved vendors participating in the medical assistance program to pay costs of providing home and community-based services, including case management service activities provided as an approved home and community-based service, to medical assistance
eligible persons with mental retardation or related conditions who have been screened under subdivision 7 and according to federal requirements. Federal requirements include those services and limitations included in the federally approved application for home and community-based services for persons with mental retardation or related conditions and subsequent amendments.
(b) Effective July 1, 1995, and contingent upon federal approval and state appropriations made available for this purpose, the commissioner of human services shall allocate resources to county agencies for home and community-based waivered services for persons with mental retardation or related conditions authorized but not receiving those services as of June 30, 1995, based upon the average resource need of persons with similar functional characteristics. To ensure service continuity for service recipients receiving home and community-based waivered services for persons with mental retardation or related conditions prior to July 1, 1995, the commissioner shall make available to the county of financial responsibility home and community-based waivered services resources based upon fiscal year 1995 authorized levels.
(c) Home and community-based resources for all recipients
shall be managed by the county of financial responsibility within
an allowable reimbursement average established for each
county. Payments for home and community-based services
provided to individual recipients shall not exceed amounts
authorized by the county of financial responsibility. For
specifically identified former residents of regional treatment
centers and nursing facilities, the commissioner shall be
responsible for authorizing payments and payment limits under the
appropriate home and community-based service program. Payment is
available under this subdivision only for persons who, if not
provided these services, would require the level of care provided
in an intermediate care facility for persons with mental
retardation or related conditions.
Sec. 35. [SERVICES FOR DEVELOPMENTALLY DISABLED PERSONS; FARIBAULT REGIONAL CENTER CATCHMENT AREA.]
(a) This section governs the downsizing of the Faribault regional center (FRC). As residents are discharged from the Faribault regional center, the buildings will be transferred to the department of corrections, and the department of human services will develop a system of state-operated services that: (1) meets the needs of clients discharged from the Faribault regional center; (2) is fiscally sound; and (3) accommodates the evolving nature of the health care system.
(b) The Minnesota correctional facility at Faribault (MCF-FRB) shall expand its existing capacity by 300 beds. The department of human services shall transfer buildings related to this expansion according to agreements between the department of corrections and the Faribault community task force, established pursuant to Minnesota Statutes, section 252.51, no sooner than July 1, 1995.
After the city of Faribault has held a public hearing, the Minnesota correctional facility at Faribault may subsequently proceed with expansion of its capacity by an additional 300 beds, on or after a date when the commissioner of human services certifies that the Faribault regional center campus will be vacated because alternative community-based services, including those developed by the department of human services in accordance with section 14, will be available for the remaining residents of the Faribault regional center. The actual date on which the remainder of the Faribault regional center campus will be transferred to the commissioner of corrections shall be determined by mutual agreement between the commissioners of human services and corrections, after consultation with the exclusive representatives and the Faribault community task force. In no event shall the total capacity of the Minnesota correctional facility at Faribault exceed 1,200 beds, and the Minnesota correctional facility at Faribault shall not include any maximum security beds. The transfer of the Faribault regional center campus to the commissioner of corrections shall occur no sooner than July 1, 1998, unless negotiated with the exclusive representatives and community task force.
(c) The department of corrections shall provide necessary and appropriate modifications to road access on the Faribault regional center campus within the available appropriation. The city of Faribault shall not bear any cost of such modifications.
The department of corrections shall request necessary appropriations in future legislative sessions to provide necessary and appropriate modifications to the water-sewage system used by the Faribault regional center, the Minnesota correctional facility at Faribault, and the city of Faribault. The city of Faribault shall not bear any cost of such modifications.
(d) No sooner than July 1, 1995, the Faribault regional center shall transfer the operation of its power plant to the Minnesota correctional facility at Faribault contingent upon the Minnesota correctional facility at Faribault receiving
a state appropriation for the full cost of necessary positions. The Faribault regional center employees in positions assigned to the power plant as of the transfer date shall be allowed to transfer to the Minnesota correctional facility at Faribault or exercise their memorandum of understanding options. All employees who transfer shall retain their current classification, employment condition, and salary upon such transfer.
(e) Prior to the transfer of the Faribault regional center laundry to the Minnesota correctional facility at Faribault, the Faribault regional center shall decrease laundry positions as the Faribault regional center resident population declines. However, the department of human services and the Faribault regional center laundry management shall actively pursue additional shared service contracts to offset any involuntary position reductions in the laundry. The additional laundry work done as a result of the initial 300-bed corrections expansion will also be used to offset any involuntary position reductions. Further expansion of corrections beds and the resultant increased laundry will also be used to offset any involuntary reductions. If, after the above, position reductions are necessary, they shall occur pursuant to the memorandum of understanding between the state, the department of human services, and the exclusive representatives.
Upon the transfer of the Faribault regional center campus to the commissioner of corrections, the Faribault regional center may transfer the laundry to the Minnesota correctional facility at Faribault. If the transfer occurs, the Minnesota correctional facility at Faribault shall operate the laundry as a prison industry. The Minnesota correctional facility at Faribault shall maintain existing shared service contracts. The shared service positions shall be maintained by the Minnesota correctional facility at Faribault unless shared service income does not support these positions. If such positions are to be eliminated, such elimination shall be pursuant to the memorandum of understanding. However, other than specified above, the Minnesota correctional facility at Faribault shall only eliminate positions through attrition.
All Faribault regional center employees assigned to the laundry as of the transfer date shall be allowed to transfer to the Minnesota correctional facility at Faribault or exercise their memorandum of understanding options. All employees who transfer shall retain their current classification, employment condition, and salary upon such transfer.
(f) In consultation with the applicable exclusive representatives, the departments of corrections, human services, and employee relations shall establish training programs to enhance the opportunity of the Faribault regional center employees to obtain positions beyond entry level at the Minnesota correctional facility at Faribault. While participating in this training, individuals shall remain on the Faribault regional center payroll and the department of human services shall seek a legislative appropriation for this purpose. The department of corrections shall seek a legislative appropriation for retraining the Faribault regional center employees.
Sec. 36. [SOUTHERN CITIES COMMUNITY HEALTH CLINIC.]
The commissioner of human services shall consult with the Faribault community task force and the exclusive representatives before making any decisions about:
(1) the future of the Southern Cities Community Health Clinic;
(2) the services currently provided by that clinic to developmentally disabled clients in the Faribault regional center catchment area; and
(3) changes in the model for providing those services.
The department of human services shall guarantee the provision of medically necessary psychiatric and dental services to developmentally disabled clients in the Faribault service area until or unless other appropriate arrangements have been made to provide those clients with those services.
Sec. 37. [STATE-OPERATED SERVICES IN THE FARIBAULT CATCHMENT AREA.]
(a) Notwithstanding Minnesota Statutes, section 252.025, subdivision 4, and in addition to the programs already developed, the department of human services shall establish the following state-operated, community-based programs in the Faribault regional center catchment area:
(1) state-operated community residential services to serve as a primary provider for 40 current residents of the Faribault regional center whose clinical symptoms or behaviors make them difficult to serve. Those state-operated, community-based residential services shall be configured as ten four-bed waivered services homes. The program configuration may be modified in accordance with paragraph (c).
Beginning July 1, 1995, in addition to the residential services for those 40 clients, the department of human services agrees to seek legislation to develop and establish state-operated, community-based residential services for any other current residents of the Faribault regional center for whom the commissioner of human services finds that respective counties of financial responsibility are unable to find appropriate residential services operated by private providers. Counties shall give the strongest possible consideration to the placement preference of clients and families;
(2) a minimum of four state-operated day training and habilitation facilities for persons leaving the Faribault regional center as the result of downsizing and for other individuals referred by county agencies;
(3) crisis services for developmentally disabled persons in the Faribault regional center catchment area, including crisis beds and mobile intervention teams. These state-operated crisis services shall be configured as three four-bed programs. The program configuration may be modified in accordance with paragraph (c);
(4) area management services sufficient to manage state-operated, community-based programs within the existing Faribault regional center catchment area;
(5) area maintenance services sufficient to maintain the physical facilities housing state-operated services in the Faribault regional center catchment area; and
(6) technical assistance and training services for both public and private providers.
(b) All employees of the state-operated services established under this subdivision shall be state employees under Minnesota Statutes, chapters 43A and 179A, and shall consist of no fewer than 182 full-time employee equivalents, excluding additional personnel that may be necessary to staff additional state-operated, community-based residential services.
(c) Any changes in the configuration and design of programs described in this subdivision must be negotiated and agreed to by the affected exclusive representatives. The parties also must meet and discuss ways to provide the highest quality services, while maintaining or increasing cost effectiveness.
(d) The department of human services shall assist the counties with financial responsibility for those Faribault regional center residents who will be discharged into state-operated, community-based residential programs in developing service options located in and around the city of Faribault.
The department of human services shall seek funding, including the capital bonding necessary to establish the state-operated services authorized in this subdivision, including area management services to be located in or around the city of Faribault.
Sec. 38. [CAMBRIDGE REGIONAL HUMAN SERVICE CENTER COMMUNITY INTEGRATION PROGRAM.]
Subdivision 1. [COMMUNITY INTEGRATION PROGRAMS.] Notwithstanding the requirements of Minnesota Statutes, section 252.025 or 252.50, and sections 12 to 14, the commissioner of human services shall develop the following state-operated community services for persons with developmental disabilities in cooperation with the Cambridge regional human services center: residential services for 12 persons each year of the 1996-1997 biennium for a total of not fewer than 24 persons. The commissioner shall also develop residential services for 12 persons each year of the 1998-1999 biennium. In addition, the commissioner shall authorize the development of state-operated community services for other persons for whom the counties of financial responsibility are unable to find appropriate residential or day training and habilitation services. These services shall be developed in the catchment area currently served by the Cambridge regional human services center in accordance with the requirements of Minnesota Statutes, section 252.51, and shall be in addition to the services and programs currently authorized for the catchment area. The provisions in this subdivision may be implemented when the request for developing the service is made by the county of financial responsibility, and is approved by the individual or the individual's legally authorized agent. During the biennium ending June 30, 1997, the commissioner shall allocate waiver slots for state-operated community services according to the authorization made by the legislature for the biennium. Within the available funding for waivered state-operated community services, the commissioner shall assure that the costs for state-operated community services are met on a cost-of-care basis. These services shall be in addition to the services and programs currently operated by the Cambridge regional human services center and the center shall provide administrative and support services for the programs developed under this section.
Subd. 2. [CAMPUS PROGRAMS.] (a) During the 1996-1997 biennium, the commissioner shall maintain capacity at Cambridge regional human services center and will continue to provide residential and crisis services at Cambridge for persons with complex behavioral and social problems committed by the courts from the Faribault regional center and Cambridge regional human services center catchment areas.
The commissioner shall develop a specialized service model at the Cambridge campus to serve citizens of Minnesota who have a developmental disability and exhibit severe behaviors which present a risk to public safety. This service will have the capacity to serve between 40 to 100 individuals and will maintain a staffing ratio of 1:1.938 plus six technical positions for outreach and follow-along care.
During fiscal year 1996, the commissioner shall initiate an implementation process which must include representatives selected by the employees' exclusive representatives. The implementation process will include assessing the actual need for service in this specialized model, defining the service capacity, program design, and establishment of the service model.
This implementation process will also include assessing the service capacity needed to allow Cambridge regional human services center to provide a safety net of residential and crisis services to persons with developmental disabilities and complex behavioral and social problems who are committed by the courts.
The commissioner shall also initiate architectural and engineering predesign required to develop a capital budget proposal for the 1996 legislative session. This proposal shall include any necessary campus infrastructure improvements, building modifications, and construction required to accommodate the above referenced services and related restructuring of the Cambridge campus.
During the fiscal year 1996-1997 biennium the commissioner shall make every reasonable effort, within the limits of available resources, to achieve a 1:1.938 staffing ratio for the 35 individuals residing at the Cambridge regional human service center who will be served in the future by the specialized service model. Any appropriations made specifically for this purpose shall be used to achieve a 1:1.938 staffing ratio at the earliest possible date within the biennium.
(b) The commissioner of human services shall provide a report for the 1996 legislature by January 15, 1996, regarding the number of children with developmental disabilities who are receiving residential services out of state. The report shall include the number of children involved, the location and type of services being received, and the cost of those services.
(c) The satellite office designated for local administration of MinnesotaCare including enrollment staff functions shall be located on the campus of the Cambridge regional human services center.
Sec. 39. [WAIVER ALLOCATION FOR STATE-OPERATED COMMUNITY SERVICES.]
In the administration of waivers for home and community-based services subject to Minnesota Statutes, section 256B.092, the commissioner of human services shall be solely responsible for the allocation of waiver resources to counties and such costs shall be based on average resource need of persons with similar functional characteristics. During the biennium ending June 30, 1997, the commissioner shall allocate waiver slots for state-operated community services according to the authorizations made by the legislature for the biennium. The commissioner of human services shall assure that the costs for state-operated community-based services are met on a cost-of-care basis. Within available appropriations for home and community-based waivers, the commissioner may establish state-operated, community-based residential services, in addition to those authorized, for residents of regional treatment centers for whom the commissioner finds that the respective counties of financial responsibility are unable to find appropriate residential services operated by private providers. Counties shall give the strongest possible consideration to the placement preferences of clients and families.
Sec. 40. [PILOT PROJECTS TO TEST ALTERNATIVES TO DELIVERY OF MENTAL HEALTH SERVICES.]
Subdivision 1. [AUTHORIZATION FOR PILOT PROJECTS.] The commissioner of human services may approve up to six pilot projects to test alternatives to the delivery of mental health services required under the Minnesota comprehensive adult mental health act, Minnesota Statutes, section 245.461 to 245.486.
Subd. 2. [PROGRAM DESIGN AND IMPLEMENTATION.] (a) The pilot projects shall be established to design and plan an improved mental health services delivery system for adults with serious and persistent mental illness that would:
(1) provide an expanded array of services from which clients can choose services appropriate to their needs;
(2) be based on purchasing strategies that improve access and coordinate services without cost shifting;
(3) incorporate existing state facilities and resources into the community mental health infrastructure through creative partnerships with local vendors; and
(4) utilize existing categorical funding streams and reimbursement sources in combined and creative ways.
(b) All projects must complete their planning phase and be operational by June 30, 1997.
Subd. 3. [PROGRAM EVALUATION.] Evaluation of each project will be based on outcome evaluation criteria negotiated with each project prior to implementation.
Subd. 4. [NOTICE OF PROJECT DISCONTINUATION.] Each project may be discontinued for any reason by the project's managing entity or the commissioner of human services, after 90 days' written notice to the other party.
Subd. 5. [PLANNING FOR PILOT PROJECTS.] Each local plan for a pilot project must be developed under the direction of the county board, or multiple county boards acting jointly, as the local mental health authority. The planning process for each pilot shall include, but not be limited to, mental health consumers, families, advocates, local mental health advisory councils, local and state providers, and the department of human services. As part of the planning process, the county board or boards shall designate a managing entity responsible for receipt of funds and management of the pilot project.
Subd. 6. [DUTIES OF COMMISSIONER.] (a) For purposes of the pilot projects, the commissioner shall facilitate integration of funds or other resources as needed and requested by each project. These resources may include:
(1) residential services funds administered under Minnesota Rules, parts 9535.2000 to 9535.3000, in an amount to be determined by mutual agreement between the project's managing entity and the commissioner of human services after an examination of the county's historical utilization of facilities located both within and outside of the county and licensed under Minnesota Rules, parts 9520.0500 to 9520.0690;
(2) community support services funds administered under Minnesota Rules, parts 9535.1700 to 9535.1760;
(3) other mental health special project funds;
(4) medical assistance, general assistance medical care, MinnesotaCare and Minnesota supplemental aid if requested by the project's managing entity, and if the commissioner determines this would be consistent with the state's overall health care reform efforts; and
(5) regional treatment center resources to the extent agreed to by the project's managing entity and the regional treatment center.
(b) The commissioner shall consider the following criteria in awarding start-up and implementation grants for the pilot projects:
(1) the ability of the proposed projects to accomplish the objectives described in subdivision 2;
(2) the size of the target population to be served; and
(3) geographical distribution.
(c) The commissioner shall review overall status of the projects at least every two years and recommend any legislative changes needed by January 15 of each odd-numbered year.
(d) The commissioner may waive administrative rule requirements which are incompatible with the implementation of the pilot project.
(e) The commissioner may exempt the participating counties from fiscal sanctions for noncompliance with requirements in laws and rules which are incompatible with the implementation of the pilot project.
(f) The commissioner may award grants to an entity designated by a county board or group of county boards to pay for start-up and implementation costs of the pilot project.
Subd. 7. [DUTIES OF COUNTY BOARD.] The county board, or other entity which is approved to administer a pilot project, shall:
(1) administer the project in a manner which is consistent with the objectives described in subdivision 2 and the planning process described in subdivision 5;
(2) assure that no one is denied services for which they would otherwise be eligible; and
(3) provide the commissioner of human services with timely and pertinent information through the following methods:
(i) submission of community social services act plans and plan amendments;
(ii) submission of social services expenditure and grant reconciliation reports, based on a coding format to be determined by mutual agreement between the project's managing entity and the commissioner; and
(iii) submission of data and participation in an evaluation of the pilot projects, to be designed cooperatively by the commissioner and the projects.
Sec. 41. [TRANSFER; CAMBRIDGE REGIONAL HUMAN SERVICES CENTER.]
Notwithstanding the provisions of Laws 1990, chapter 610, article 1, section 12, subdivision 8, $3,300,000 of the appropriation in that subdivision must be used to predesign, design, renovate, construct, furnish, equip, and demolish buildings at Cambridge regional human services center. The remainder of the appropriation in that subdivision must be used to predesign, design, repair, renovate, construct, furnish, equip, and demolish buildings or related facility components at regional treatment centers selected by the commissioner of human services.
Section 1. Minnesota Statutes 1994, section 62N.381, subdivision 2, is amended to read:
Subd. 2. [RANGE OF RATES.] The reimbursement rate negotiated
for a contract period must not be more than 20 percent above or
below the individual ambulance service's current customary
charges, plus the rate of growth allowed under section 62J.04,
subdivision 1. If the network and ambulance service cannot agree
on a reimbursement rate, each party shall submit their rate
proposal along with supportive data to the commissioner
emergency medical services regulatory board.
Sec. 2. Minnesota Statutes 1994, section 62N.381, subdivision 3, is amended to read:
Subd. 3. [DEVELOPMENT OF CRITERIA.] The commissioner
emergency medical services regulatory board, in
consultation with representatives of the Minnesota Ambulance
Association, regional emergency medical services programs,
community integrated service networks, and integrated service
networks, shall develop guidelines to use in reviewing rate
proposals and making a final reimbursement rate determination.
Sec. 3. Minnesota Statutes 1994, section 62N.381, subdivision 4, is amended to read:
Subd. 4. [REVIEW OF RATE PROPOSALS.] The commissioner
emergency medical services regulatory board, using the
guidelines developed under subdivision 3, shall review the rate
proposals of the ambulance service and community integrated
service network or integrated service network and shall adopt
either the network's or the ambulance service's proposal. The
commissioner board shall require the network and
ambulance service to adhere to this reimbursement rate for the
contract period.
Sec. 4. Minnesota Statutes 1994, section 144.122, is amended to read:
144.122 [LICENSE AND PERMIT FEES.]
(a) The state commissioner of health, by rule, may prescribe reasonable procedures and fees for filing with the commissioner as prescribed by statute and for the issuance of original and renewal permits, licenses, registrations, and certifications issued under authority of the commissioner. The expiration dates of the various licenses, permits, registrations, and certifications as prescribed by the rules shall be plainly marked thereon. Fees may include application and examination fees and a penalty fee for renewal applications submitted after the expiration date of the previously issued permit, license, registration, and certification. The commissioner may also prescribe, by rule, reduced fees for permits, licenses, registrations, and certifications when the application therefor is submitted during the last three months of the permit, license, registration, or certification period. Fees proposed to be prescribed in the rules shall be first approved by the department of finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be in an amount so that the total fees collected by the commissioner will, where practical, approximate the cost to the commissioner in administering the program. All fees collected shall be deposited in the state treasury and credited to the state government special revenue fund unless otherwise specifically appropriated by law for specific purposes.
(b) The commissioner may charge a fee for voluntary certification of medical laboratories and environmental laboratories, and for environmental and medical laboratory services provided by the department, without complying with paragraph (a) or chapter 14. Fees charged for environment and medical laboratory services provided by the department must be approximately equal to the costs of providing the services.
(c) The commissioner may develop a schedule of fees for diagnostic evaluations conducted at clinics held by the services for children with handicaps program. All receipts generated by the program are annually appropriated to the commissioner for use in the maternal and child health program.
(d) The commissioner, for fiscal years 1993 1996
and beyond, shall set license fees for hospitals and nursing
homes that are not boarding care homes at a level sufficient
to recover, over a two-year period, the deficit associated with
the collection of license fees from these facilities. The
license fees for these facilities shall be set at the
following levels:
Joint Commission on Accreditation of Healthcare
Organizations (JCAHO hospitals) $2,142
$3,015
Non-JCAHO hospitals $2,228 plus $138 per
bed
$2,000 plus $100 per bed
Nursing home $324 plus $76 per
bed
$78 plus $39 per bed
For fiscal years 1993 1996 and beyond, the
commissioner shall set license fees for outpatient surgical
centers, boarding care homes, and supervised living facilities at
a level sufficient to recover, over a four-year period, the
deficit associated with the collection of license fees from these
facilities. The license fees for these facilities shall be set
at the following levels:
Outpatient surgical centers $1,645
$645
Boarding care homes $249 plus $58 per
bed
$78 plus $39 per bed
Supervised living facilities $249 plus $58 per
bed
$78 plus $39 per bed.
Sec. 5. Minnesota Statutes 1994, section 144.226, subdivision 1, is amended to read:
Subdivision 1. [WHICH SERVICES ARE FOR FEE.] The fees for any of the following services shall be in an amount prescribed by rule of the commissioner:
(a) The issuance of a certified copy or certification of a
vital record, or a certification that the record cannot be
found, provided that a fee shall not be charged for any
certified copy required for service in the armed forces or the
Merchant Marine of the United States or required in the
presentation of claims to the United States Veterans
Administration of any state or territory of the United States, or for any copy requested by the commissioner of human services for the discharge of duties relating to state wards. No fee shall be charged for verification of information requested by official agencies of this state, local governments in this state, or the federal government;
(b) The replacement of a birth certificate;
(c) The filing of a delayed registration of birth or death;
(d) The alteration, correction, or completion of any vital record, provided that no fee shall be charged for an alteration, correction, or completion requested within one year after the filing of the certificate; and
(e) The verification of information from or noncertified copies of vital records. Fees charged shall approximate the costs incurred in searching and copying the records. The fee shall be payable at time of application.
Sec. 6. [144.394] [SMOKING PREVENTION.]
The commissioner may sell at market value, all nonsmoking or tobacco use prevention advertising materials. Proceeds from the sale of the advertising materials are appropriated to the department of health for its nonsmoking program.
Sec. 7. [144.492] [PESTICIDE SURVEILLANCE AND PILOT PROJECT.]
Subdivision 1. [PESTICIDE POISONING SURVEILLANCE.] Within the limits of available appropriations, the commissioner of health shall develop a statewide epidemiologic surveillance system for occupational pesticide poisoning. The system shall include methods to:
(1) determine the extent of occupational pesticide poisoning on a statewide basis;
(2) provide more complete and accurate information for better understanding of the amount and nature of occupational pesticide poisoning among particular groups of workers;
(3) identify factors that are associated with increased occurrences of occupational pesticide poisoning; and
(4) generate accurate and complete data for collaboration among business, government, labor, and medicine on issues relating to occupational pesticide poisoning.
Subd. 2. [PILOT PROJECTS.] The department of environmental medicine and pathology at the University of Minnesota may develop a pilot project to:
(1) conduct outreach and education programs to physicians to recognize, report, and follow-up pesticide poisoning incidents; and
(2) conduct outreach and education programs to inform individuals at risk of pesticide poisoning and their employers of the health risks associated with pesticide use.
Sec. 8. [LEGISLATIVE FINDINGS.]
Osteoporosis, a disease characterized by a reduction in bone density accompanied by increasing porosity and brittleness, constitutes a hazard to the health and welfare of the people of the state. It is therefore in the public interest that there be increased public awareness and knowledge about the prevention, detection, and treatment of osteoporosis, a condition that is 100 percent preventable.
Sec. 9. [144.670] [OSTEOPOROSIS PREVENTION AND TREATMENT PROGRAM.]
Subdivision 1. [PURPOSE.] The commissioner of health shall establish a statewide osteoporosis prevention and treatment program. The purpose of the program is to promote public awareness of and knowledge about the causes of osteoporosis, personal risk factors, the value of prevention and early detection, and the options available for treatment.
Subd. 2. [ASSESSMENT.] The commissioner shall conduct an assessment of the problem of osteoporosis. The assessment shall be conducted by departmental employees, to the extent that it is the most cost-effective method. The assessment shall identify:
(1) the number of persons in the state afflicted with osteoporosis and the groups which appear to be most at risk for this disease;
(2) the level of public and professional awareness about osteoporosis;
(3) the needs of osteoporosis patients, their families, and caregivers;
(4) the needs of health care providers, including physicians, nurses, managed care organizations, and other health care providers, in treating and preventing osteoporosis;
(5) the services available to osteoporosis patients, including the existence of treatment programs, support groups, and rehabilitation services;
(6) the number and location of bone density testing equipment in the state; and
(7) available technical assistance, educational materials, and programs nationwide.
Subd. 3. [PROGRAM DESIGN.] Based on the assessment conducted under subdivision 2, the commissioner shall establish, maintain, and promote an osteoporosis prevention and treatment program that:
(1) designs and implements strategies for raising public awareness on the causes and nature of osteoporosis, personal risk factors, value of prevention and early detection, and options for diagnosing and treating the disease;
(2) promotes and facilitates educational programs for physicians and other health professionals on current scientific and medical information on osteoporosis prevention, diagnosis and treatment, including guidelines for detecting and treating the disease in special populations, risks and benefits of medication, and research advances; and
(3) develops the capacity for community-based programs related to osteoporosis.
Subd. 4. [GRANTS; GIFTS.] The commissioner may apply for and receive grants and gifts from any governmental agency, private entity, or other person for the purposes of this section.
Subd. 5. [REPORT.] The commissioner shall report to the legislature no later than January 31, 1996, on the status of the program implemented under this section. The commissioner shall report to the legislature no later than January 31, 1997, on the accomplishments of the program implemented under this section.
Sec. 10. Minnesota Statutes 1994, section 144.801, subdivision 3, is amended to read:
Subd. 3. [COMMISSIONER BOARD.] "Commissioner"
means the commissioner of health of the state of Minnesota
"Board" means the emergency medical services regulatory
board.
Sec. 11. Minnesota Statutes 1994, section 144.801, subdivision 5, is amended to read:
Subd. 5. [LICENSE.] "License" means authority granted by the
commissioner board for the operation of an
ambulance service in the state of Minnesota.
Sec. 12. Minnesota Statutes 1994, section 144.802, is amended to read:
144.802 [LICENSING.]
Subdivision 1. [LICENSES; CONTENTS, CHANGES, AND TRANSFERS.]
No natural person, partnership, association, corporation or unit
of government may operate an ambulance service within this state
unless it possesses a valid license to do so issued by the
commissioner board. The license shall specify the
base of operations, primary service area, and the type or types
of ambulance service for which the licensee is licensed. The
licensee shall obtain a new license if it wishes to establish a
new base of operation, or to expand its primary service area, or
to provide a new type or types of service. A license, or the
ownership of a licensed ambulance service, may be transferred
only
after the approval of the commissioner board, based
upon a finding that the proposed licensee or proposed new owner
of a licensed ambulance service meets or will meet the
requirements of section 144.804. If the proposed transfer would
result in a change in or addition of a new base of operations,
expansion of the service's primary service area, or provision of
a new type or types of ambulance service, the commissioner
board shall require the prospective licensee or owner to
comply with subdivision 3. The commissioner board
may approve the license or ownership transfer prior to completion
of the application process described in subdivision 3 upon
obtaining written assurances from the proposed licensee or
proposed new owner that no change in the service's base of
operations, expansion of the service's primary service area, or
provision of a new type or types of ambulance service will occur
during the processing of the application. The cost of licenses
shall be in an amount prescribed by the commissioner
board pursuant to section 144.122. Licenses shall expire
and be renewed as prescribed by the commissioner
board pursuant to section 144.122. Fees collected shall
be deposited to the trunk highway fund.
Subd. 2. [REQUIREMENTS FOR NEW LICENSES.] The
commissioner board shall not issue a license
authorizing the operation of a new ambulance service, provision
of a new type or types of ambulance service by an existing
service, or establishment of a new base of operation or an
expanded primary service area for an existing service unless the
requirements of sections 144.801 to 144.807 are met.
Subd. 3. [APPLICATIONS; NOTICE OF APPLICATION;
RECOMMENDATIONS.] (a) Each prospective licensee and each present
licensee wishing to offer a new type or types of ambulance
service, to establish a new base of operation, or to expand a
primary service area, shall make written application for a
license to the commissioner board on a form
provided by the commissioner board.
(b) The board shall review the application for completeness, clarity, and content.
(c) For applications for the provision of ambulance
services in a service area located within a county, the
commissioner board shall promptly send notice of
the completed application to the county board and to each
community health board, governing body of a regional emergency
medical services system designated under section 144.8093,
ambulance service, and municipality in the area in which
ambulance service would be provided by the applicant. The
commissioner board shall publish the notice, at the
applicant's expense, in the State Register and in a newspaper in
the municipality in which the base of operation will be located,
or if no newspaper is published in the municipality or if the
service would be provided in more than one municipality, in a
newspaper published at the county seat of the county in which the
service would be provided.
(c) (d) For applications for the provision of
ambulance services in a service area larger than a county, the
commissioner board shall promptly send notice of
the completed application to the municipality in which the
service's base of operation will be located and to each community
health board, county board, governing body of a regional
emergency medical services system designated under section
144.8093, and ambulance service located within the counties in
which any part of the service area described by the applicant is
located, and any contiguous counties. The commissioner
board shall publish this notice, at the applicant's
expense, in the State Register.
(d) The commissioner (e) Within 30 days of receiving
a completed application, the board shall forward the application,
along with any recommendations regarding the application, and
shall request that the chief administrative law judge appoint an
administrative law judge to hold a public hearing in the
municipality in which the service's base of operation will be
located. The public hearing shall be conducted as contested case
hearing under chapter 14.
(e) (f) Each municipality, county, community
health board, governing body of a regional emergency medical
services system, ambulance service, and other person wishing to
make recommendations concerning the disposition of the
application shall make written recommendations to the
administrative law judge within 30 days of the publication of
notice of the application in the State Register.
(f) (g) The administrative law judge shall:
(1) hold a public hearing in the municipality in which the service's base of operations is or will be located;
(2) provide notice of the public hearing in the newspaper or newspapers in which notice was published under paragraph (b) for two successive weeks at least ten days before the date of the hearing;
(3) allow any interested person the opportunity to be heard, to be represented by counsel, and to present oral and written evidence at the public hearing;
(4) provide a transcript of the hearing at the expense of any individual requesting it; and
(5) consider and make part of the public record the recommendations of the board.
(g) (h) The administrative law judge shall review
and comment upon the application and shall make written
recommendations forward a decision and order as to its
disposition to the commissioner board within 90
days of receiving notice of the application. In making the
recommendations decision, the administrative law
judge shall consider and make written comments as to whether the
proposed service, change in base of operations, or expansion in
primary service area is needed, based on consideration of the
following factors:
(1) the relationship of the proposed service, change in base of operations or expansion in primary service area to the current community health plan as approved by the commissioner of health under section 145A.12, subdivision 4;
(2) the recommendations or comments of the governing bodies of
the counties and, municipalities, and regional
emergency medical services system designated under section
144.8093 in which the service would be provided;
(3) the deleterious effects on the public health from duplication, if any, of ambulance services that would result from granting the license;
(4) the estimated effect of the proposed service, change in base of operation or expansion in primary service area on the public health;
(5) whether any benefit accruing to the public health would outweigh the costs associated with the proposed service, change in base of operations, or expansion in primary service area.
The administrative law judge shall recommend that
order the commissioner either board to grant
or deny a license or recommend order that a
modified license be granted. The reasons for the
recommendation order shall be set forth in detail.
The administrative law judge shall make the
recommendations order and reasons available to any
individual requesting them.
Subd. 3a. [LICENSURE OF AIR AMBULANCE SERVICES.] Except for
submission of a written application to the commissioner
board on a form provided by the commissioner
board, an application to provide air ambulance service
shall be exempt from the provisions of subdivisions 3 and 4.
A license issued pursuant to this subdivision need not designate a primary service area.
No license shall be issued under this subdivision unless the
commissioner of health board determines that the
applicant complies with the requirements of applicable federal
and state statutes and rules governing aviation operations within
the state.
Subd. 3b. [SUMMARY APPROVAL OF PRIMARY SERVICE AREAS.] Except
for submission of a written application to the
commissioner board on a form provided by the
commissioner board, an application to provide
changes in a primary service area shall be exempt from
subdivisions 3, paragraphs (d) to (g); and 4, if:
(1) the application is for a change of primary service area to improve coverage, to improve coordination with 911 emergency dispatching, or to improve efficiency of operations;
(2) the application requests redefinition of contiguous or overlapping primary service areas;
(3) the application shows approval from the ambulance licensees whose primary service areas are directly affected by a change in the applicant's primary service area;
(4) the application shows that the applicant requested review and comment on the application, and has included those comments received from: all county boards in the areas of coverage included in the application; all community health boards in the areas of coverage included in the application; all directors of 911 public safety answering point areas in the areas of coverage included in the application; and all regional emergency medical systems areas designated under section 144.8093 in the areas of coverage included in the application; and
(5) the application shows consideration of the factors listed in subdivision 3, paragraph (g).
Subd. 4. [COMMISSIONER'S DECISION ISSUANCE OF
LICENSE.] Within 30 days after receiving the administrative
law judge's report order, the commissioner
board shall grant or deny a license to the applicant.
In granting or denying a license, the commissioner shall
consider the administrative law judge's report, the evidence
contained in the application, and any hearing record and other applicable evidence. The commissioner's decision shall be based on a consideration of the factors contained in subdivision 3, clause (g). If the commissioner's decision is different from the administrative law judge's recommendations, the commissioner shall set forth in detail the reasons for differing from the recommendations.
Subd. 5. [CONTESTED CASES.] The commissioner's
board's decision made under subdivision 3a or 4
the administrative law judge's decision under subdivision
3 shall be the final administrative decision. Any person
aggrieved by the commissioner's board's decision
or action shall be entitled to judicial review in the
manner provided in sections 14.63 to 14.69.
Subd. 6. [TEMPORARY LICENSE.] Notwithstanding other provisions
herein, the commissioner board may issue a
temporary license for instances in which a primary service area
would be deprived of ambulance service. The temporary license
shall expire when an applicant has been issued a regular license
under this section. The temporary license shall be valid no more
than six months from date of issuance. A temporary licensee must
provide evidence that the licensee will meet the requirements of
section 144.804 and the rules adopted under this section.
Sec. 13. Minnesota Statutes 1994, section 144.803, is amended to read:
144.803 [LICENSING; SUSPENSION AND REVOCATION.]
The commissioner board may, after
conducting initiate a contested case hearing upon
reasonable notice, to suspend or,
revoke, or refuse to renew the license of a licensee upon finding
that the licensee has violated sections 144.801 to 144.808 or has
ceased to provide the service for which it is licensed. The
decision of the administrative law judge in the contested case
hearing shall be the decision of the board.
Sec. 14. Minnesota Statutes 1994, section 144.804, is amended to read:
144.804 [STANDARDS.]
Subdivision 1. [DRIVERS AND ATTENDANTS.] No publicly or
privately owned basic ambulance service shall be operated in the
state unless its drivers and attendants possess a current
emergency care course certificate authorized by rules adopted by
the commissioner of health board according to
chapter 14. Until August 1, 1994, a licensee may substitute a
person currently certified by the American Red Cross in advanced
first aid and emergency care or a person who has successfully
completed the United States Department of Transportation first
responder curriculum, and who has also been trained to use basic
life support equipment as required by rules adopted by the
commissioner board under section 144.804,
subdivision 3, for one of the persons on a basic ambulance,
provided that person will function as the driver while
transporting a patient. The commissioner board may
grant a variance to allow a licensed ambulance service to use
attendants certified by the American Red Cross in advanced first
aid and emergency care in order to ensure 24-hour emergency
ambulance coverage. The commissioner shall study the roles
and responsibilities of first responder units and report the
findings by January 1, 1991. This study shall address at a
minimum:
(1) education and training;
(2) appropriate equipment and its use;
(3) medical direction and supervision; and
(4) supervisory and regulatory requirements.
Subd. 2. [EQUIPMENT AND STAFF.] (a) Every ambulance offering
ambulance service shall be equipped as required by the
commissioner board and carry at least the minimal
equipment necessary for the type of service to be provided as
determined by standards adopted by the commissioner
board pursuant to subdivision 3.
(b) Each ambulance service shall offer service 24 hours per day
every day of the year, unless otherwise authorized by the
commissioner board.
(c) Each ambulance while transporting a patient shall be staffed by at least a driver and an attendant, according to subdivision 1. An ambulance service may substitute for the attendant a physician, osteopath, registered nurse, or physician's assistant who is qualified by training to use appropriate equipment in the ambulance. Advanced life
support procedures including, but not limited to, intravenous fluid administration, drug administration, endotracheal intubation, cardioversion, defibrillation, and intravenous access may be performed by the physician, osteopath, registered nurse, or physician's assistant who has appropriate training and authorization, and who provides all of the equipment and supplies not normally carried on basic ambulances.
(d) An ambulance service shall not deny emergency ambulance service to any person needing emergency ambulance service because of inability to pay or due to source of payment for services if this need develops within the licensee's primary service area. Transport for such a patient may be limited to the closest appropriate emergency medical facility.
Subd. 3. [TYPES OF SERVICES TO BE REGULATED.] The
commissioner board may adopt rules needed to carry
out sections 144.801 to 144.8091, including the following types
of ambulance service:
(a) basic ambulance service that has appropriate personnel,
vehicles, and equipment, and is maintained according to rules
adopted by the commissioner board according to
chapter 14, and that provides a level of care so as to ensure
that life-threatening situations and potentially serious injuries
can be recognized, patients will be protected from additional
hazards, basic treatment to reduce the seriousness of emergency
situations will be administered and patients transported to an
appropriate medical facility for treatment;
(b) intermediate ambulance service that has appropriate
personnel, vehicles, and equipment, and is maintained according
to standards the commissioner board adopts
according to chapter 14, and that provides basic ambulance
service and intravenous infusions or defibrillation or both.
Standards adopted by the commissioner shall include, but not be
limited to, equipment, training, procedures, and medical
control;
(c) advanced ambulance service that has appropriate personnel,
vehicles, and equipment, and is maintained according to standards
the commissioner board adopts according to chapter
14, and that provides basic ambulance service, and in addition,
advanced airway management, defibrillation, and administration of
intravenous fluids and pharmaceuticals. Vehicles of advanced
ambulance service licensees not equipped or staffed at the
advanced ambulance service level shall not be identified to the
public as capable of providing advanced ambulance service.
(d) specialized ambulance service that provides basic,
intermediate, or advanced service as designated by the
commissioner board, and is restricted by the
commissioner board to (1) less than 24 hours of
every day, (2) designated segments of the population, or (3)
certain types of medical conditions; and
(e) air ambulance service, that includes fixed-wing and helicopter, and is specialized ambulance service.
Until standards have been developed under clauses (b), (d), and (e), the current provisions of Minnesota Rules shall govern these services.
Subd. 5. [LOCAL GOVERNMENT'S POWERS.] Local units of
government may, with the approval of the commissioner
board, establish standards for ambulance services which
impose additional requirements upon such services. Local units
of government intending to impose additional requirements shall
consider whether any benefit accruing to the public health would
outweigh the costs associated with the additional requirements.
Local units of government which desire to impose such additional
requirements shall, prior to promulgation of relevant ordinances,
rules or regulations, furnish the commissioner
board with a copy of such proposed ordinances, rules or
regulations, along with information which affirmatively
substantiates that the proposed ordinances, rules or regulations:
will in no way conflict with the relevant rules of the department
of health; will establish additional requirements tending to
protect the public health; will not diminish public access to
ambulance services of acceptable quality; and will not interfere
with the orderly development of regional systems of emergency
medical care. The commissioner board shall base
any decision to approve or disapprove such standards upon whether
or not the local unit of government in question has affirmatively
substantiated that the proposed ordinances, rules or regulations
meet these criteria.
Subd. 6. [RULES ON PRIMARY SERVICE AREAS.] The
commissioner board shall promulgate rules defining
primary service areas under section 144.801, subdivision 8, under
which the commissioner board shall designate each
licensed ambulance service as serving a primary service area or
areas.
Subd. 7. [DRIVERS OF AMBULANCES.] An ambulance service vehicle
shall be staffed by a driver possessing a current Minnesota
driver's license or equivalent and whose driving privileges are
not under suspension or revocation by any state. If red lights
and siren are used, the driver must also have completed training
approved by the commissioner board in emergency
driving techniques. An ambulance transporting patients must be
staffed by at least two persons who are trained according to
subdivision 1, or section 144.809, one of whom may be the driver.
A third person serving as driver shall be trained according to
this subdivision.
Sec. 15. Minnesota Statutes 1994, section 144.806, is amended to read:
144.806 [PENALTIES.]
Any person who violates a provision of sections 144.801 to
144.806 is guilty of a misdemeanor. The commissioner
board may issue fines to assure compliance with sections
144.801 to 144.806 and rules adopted under those sections. The
commissioner board shall adopt rules to implement a
schedule of fines by January 1, 1991.
Sec. 16. Minnesota Statutes 1994, section 144.807, is amended to read:
144.807 [REPORTS.]
Subdivision 1. [REPORTING OF INFORMATION.] Operators of
ambulance services licensed pursuant to sections 144.801 to
144.806 shall report information about ambulance service to the
commissioner board as the commissioner
board may require. The reports shall be classified as
"private data on individuals" under the Minnesota government data
practices act, chapter 13.
Subd. 2. [FAILURE TO REPORT.] Failure to report all
information required by the commissioner board
shall constitute grounds for licensure revocation.
Sec. 17. Minnesota Statutes 1994, section 144.808, is amended to read:
144.808 [INSPECTIONS.]
The commissioner board may inspect ambulance
services as frequently as deemed necessary. These inspections
shall be for the purpose of determining whether the ambulance and
equipment is clean and in proper working order and whether the
operator is in compliance with sections 144.801 to 144.804 and
any rules that the commissioner board adopts
related to sections 144.801 to 144.804.
Sec. 18. Minnesota Statutes 1994, section 144.809, is amended to read:
144.809 [RENEWAL OF BASIC EMERGENCY CARE COURSE CERTIFICATE; FEE.]
Subdivision 1. [STANDARDS FOR RECERTIFICATION.] The
commissioner board shall adopt rules establishing
minimum standards for expiration and recertification of basic
emergency care course certificates. These standards shall
require:
(1) four years after initial certification, and every four
years thereafter, formal classroom training and successful
completion of a written test and practical examination, both of
which must be approved by the commissioner board;
and
(2) two years after initial certification, and every four years
thereafter, in-service continuing education, including knowledge
and skill proficiency testing, all of which must be conducted
under the supervision of a medical director or medical advisor
and approved by the commissioner board.
Course requirements under clause (1) shall not exceed 24 hours. Course requirements under clause (2) shall not exceed 36 hours, of which at least 12 hours may consist of course material developed by the medical director or medical advisor.
Individuals may choose to complete, two years after initial
certification, and every two years thereafter, formal classroom
training and successful completion of a written test and
practical examination, both of which are approved by the
commissioner board, in lieu of completing
requirements in clauses (1) and (2).
Subd. 2. [UPGRADING TO BASIC EMERGENCY CARE COURSE
CERTIFICATE.] By August 1, 1994, The commissioner
board shall adopt rules authorizing the equivalence of the
following as credit toward successful completion of the
commissioner's board's basic emergency care
course:
(1) successful completion of the United States Department of Transportation first responder curriculum;
(2) a minimum of two years of documented continuous service as an ambulance driver, as authorized in section 144.804, subdivision 7;
(3) documented clinical experience obtained through work or volunteer activity as a first responder; and
(4) documented continuing education in emergency care.
Subd. 3. [LIMITATION ON FEES.] No fee set by the
commissioner board for biennial renewal of a basic
emergency care course certificate by a volunteer member of an
ambulance service, fire department, or police department shall
exceed $2.
Sec. 19. Minnesota Statutes 1994, section 144.8091, is amended to read:
144.8091 [REIMBURSEMENT TO NONPROFIT AMBULANCE SERVICES.]
Subdivision 1. [REPAYMENT FOR VOLUNTEER TRAINING.] Any
political subdivision, or nonprofit hospital or nonprofit
corporation operating a licensed ambulance service shall be
reimbursed by the commissioner board for the
necessary expense of the initial training of a volunteer
ambulance attendant upon successful completion by the attendant
of a basic emergency care course, or a continuing education
course for basic emergency care, or both, which has been approved
by the commissioner board, pursuant to section
144.804. Reimbursement may include tuition, transportation,
food, lodging, hourly payment for the time spent in the training
course, and other necessary expenditures, except that in no
instance shall a volunteer ambulance attendant be reimbursed more
than $450 for successful completion of a basic course, and $225
for successful completion of a continuing education course.
Subd. 2. [VOLUNTEER ATTENDANT DEFINED.] For purposes of this
section, "volunteer ambulance attendant" means a person who
provides emergency medical services for a Minnesota licensed
ambulance service without the expectation of remuneration and who
does not depend in any way upon the provision of these services
for the person's livelihood. An individual may be considered a
volunteer ambulance attendant even though that individual
receives an hourly stipend for each hour of actual service
provided, except for hours on standby alert, even though this
hourly stipend is regarded as taxable income for purposes of
state or federal law, provided that this hourly stipend does not
exceed $3,000 within one year of the final certification
examination. Reimbursement will be paid under provisions of this
section when documentation is provided the department of
health board that the individual has served for one
year from the date of the final certification exam as an active
member of a Minnesota licensed ambulance service.
Sec. 20. Minnesota Statutes 1994, section 144.8093, is amended to read:
144.8093 [EMERGENCY MEDICAL SERVICES FUND.]
Subdivision 1. [CITATION.] This section is the "Minnesota emergency medical services system support act."
Subd. 2. [ESTABLISHMENT AND PURPOSE.] In order to develop,
maintain, and improve regional emergency medical services
systems, the department of health emergency medical
services regulatory board shall establish an emergency
medical services system fund. The fund shall be used for the
general purposes of promoting systematic, cost-effective delivery
of emergency medical care throughout the state; identifying
common local, regional, and state emergency medical system needs
and providing assistance in addressing those needs; providing
discretionary grants for emergency medical service projects with
potential regionwide significance; providing for public education
about emergency medical care; promoting the exchange of emergency
medical care information; ensuring the ongoing coordination of
regional emergency medical services systems; and establishing and
maintaining training standards to ensure consistent quality of
emergency medical services throughout the state.
Subd. 2a. [DEFINITION.] For purposes of this section, "board" means the emergency medical services regulatory board.
Subd. 3. [USE AND RESTRICTIONS.] Designated regional emergency medical services systems may use emergency medical services system funds to support local and regional emergency medical services as determined within the region, with particular emphasis given to supporting and improving emergency trauma and cardiac care and training. No part of a region's share of the fund may be used to directly subsidize any ambulance service operations or rescue service operations or to purchase any vehicles or parts of vehicles for an ambulance service or a rescue service.
Subd. 4. [DISTRIBUTION.] Money from the fund shall be
distributed according to this subdivision. Ninety-three and
one-third percent of the fund shall be distributed annually on a
contract for services basis with each of the eight regional
emergency medical services systems designated by the
commissioner of health board. The systems shall
be
governed by a body consisting of appointed representatives from
each of the counties in that region and shall also include
representatives from emergency medical services organizations.
The commissioner board shall contract with a
regional entity only if the contract proposal satisfactorily
addresses proposed emergency medical services activities in the
following areas: personnel training, transportation
coordination, public safety agency cooperation, communications
systems maintenance and development, public involvement, health
care facilities involvement, and system management. If each of
the regional emergency medical services systems submits a
satisfactory contract proposal, then this part of the fund shall
be distributed evenly among the regions. If one or more of the
regions does not contract for the full amount of its even share
or if its proposal is unsatisfactory, then the
commissioner board may reallocate the unused funds
to the remaining regions on a pro rata basis. Six and two-thirds
percent of the fund shall be used by the commissioner to support
regionwide reporting systems and to provide other regional
administration and technical assistance.
Sec. 21. Minnesota Statutes 1994, section 144.8095, is amended to read:
144.8095 [FUNDING FOR THE EMERGENCY MEDICAL SERVICES REGIONS.]
The commissioner of health emergency medical services
regulatory board shall distribute funds appropriated from the
general fund equally among the emergency medical service regions.
Each regional board may use this money to reimburse eligible
emergency medical services personnel for continuing education
costs related to emergency care that are personally incurred and
are not reimbursed from other sources. Eligible emergency
medical services personnel include, but are not limited to,
dispatchers, emergency room physicians, emergency room nurses,
first responders, emergency medical technicians, and
paramedics.
Sec. 22. Minnesota Statutes 1994, section 144A.33, subdivision 3, is amended to read:
Subd. 3. [FUNDING OF ADVISORY COUNCIL EDUCATION.] A license
application or renewal fee for nursing homes and boarding care
homes under section 144.53 or 144A.07 must be increased by
$2.75 $5 per bed to fund the development and
education of resident and family advisory councils.
Sec. 23. Minnesota Statutes 1994, section 144B.01, subdivision 5, is amended to read:
Subd. 5. [RESIDENTIAL CARE HOME OR HOME.] "Residential care home" or "home" means an establishment with a minimum of five beds, where adult residents are provided sleeping accommodations and three or more meals per day and where at least two or more supportive services or at least one health-related service are provided or offered to all residents by the home. A residential care home is not required to offer every supportive or health-related service. A "residential care home" does not include:
(1) a board and lodging establishment licensed under chapter 157 and the provisions of Minnesota Rules, parts 9530.4100 to 9530.4450;
(2) a boarding care home or a supervised living facility licensed under chapter 144;
(3) a home care provider licensed under chapter 144A;
(4) any housing arrangement which consists of apartments
containing a separate kitchen or kitchen equipment that will
allow residents to prepare meals and where supportive services
may be provided, on an individual basis, to residents in their
living units either by the management of the residential care
home or by home care providers under contract with the home's
management; and
(5) a board or lodging establishment which serves as a shelter for battered women or other similar purpose; and
(6) an elderly housing with services establishment registered under chapter 144D.
Sec. 24. Minnesota Statutes 1994, section 144C.01, subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION.] (a) Unless paragraph (c) applies,
consistent with the responsibilities of the state board of
investment and the various ambulance services, the ambulance
service personnel longevity award and incentive program must be
administered by the commissioner of health emergency
medical services regulatory board. The administrative
responsibilities of the commissioner of health
board for the program relate solely to the record keeping,
award application, and award payment functions. The state board
of investment is responsible for the
investment of the ambulance service personnel longevity award and
incentive trust. The applicable ambulance service is responsible
for determining, consistent with this chapter, who is a qualified
ambulance service person, what constitutes a year of credited
ambulance service, what constitutes sufficient documentation of a
year of prior service, and for submission of all necessary data
to the commissioner of health board in a manner
consistent with this chapter. Determinations of an ambulance
service are final.
(b) The commissioner of health board may
administer the commissioner's its assigned
responsibilities regarding the program directly or may retain a
qualified governmental or nongovernmental plan administrator
under contract to administer those responsibilities regarding the
program. A contract with a qualified plan administrator must be
the result of an open competitive bidding process and must be
reopened for competitive bidding at least once during every
five-year period after July 1, 1993.
(c) The commissioner of employee relations shall review the options within state government for the most appropriate administration of pension plans or similar arrangements for emergency service personnel and recommend to the governor the most appropriate future pension plan or nonpension plan administrative arrangement for this chapter. If the governor concurs in the recommendation, the governor shall transfer the future administrative responsibilities relating to this chapter to that administrative agency.
Sec. 25. Minnesota Statutes 1994, section 144C.05, subdivision 1, is amended to read:
Subdivision 1. [AWARD PAYMENTS.] (a) The commissioner of
health emergency medical services regulatory board or
the commissioner's board's designee under section
144C.01, subdivision 2, shall pay ambulance service personnel
longevity awards to qualified ambulance service personnel
determined to be entitled to an award under section 144C.08 by
the commissioner board based on the submissions by
the various ambulance services. Amounts necessary to pay the
ambulance service personnel longevity award are appropriated from
the ambulance service personnel longevity award and incentive
trust account to the commissioner of health
board.
(b) If the state of Minnesota is unable to meet its financial obligations as they become due, the commissioner of health shall undertake all necessary steps to discontinue paying ambulance service personnel longevity awards until the state of Minnesota is again able to meet its financial obligations as they become due.
Sec. 26. Minnesota Statutes 1994, section 144C.07, is amended to read:
144C.07 [CREDITING QUALIFIED AMBULANCE PERSONNEL SERVICE.]
Subdivision 1. [SEPARATE RECORD KEEPING.] The commissioner
of health board or the commissioner's
board's designee under section 144C.01, subdivision 2,
shall maintain a separate record of potential award accumulations
for each qualified ambulance service person under subdivision
2.
Subd. 2. [POTENTIAL ALLOCATIONS.] (a) On September 1,
annually, the commissioner of health board or the
commissioner's board's designee under section
144C.01, subdivision 2, shall determine the amount of the
allocation of the prior year's accumulation to each qualified
ambulance service person. The prior year's net investment gain
or loss under paragraph (b) must be allocated and that year's
general fund appropriation, plus any transfer from the suspense
account under section 144C.03, subdivision 2, and after deduction
of administrative expenses, also must be allocated.
(b) The difference in the market value of the assets of the ambulance service personnel longevity award and incentive trust account as of the immediately previous June 30 and the June 30 occurring 12 months earlier must be reported on or before August 15 by the state board of investment. The market value gain or loss must be expressed as a percentage of the total potential award accumulations as of the immediately previous June 30, and that positive or negative percentage must be applied to increase or decrease the recorded potential award accumulation of each qualified ambulance service person.
(c) The appropriation for this purpose, after deduction of administrative expenses, must be divided by the total number of additional ambulance service personnel years of service recognized since the last allocation or 1,000 years of service, whichever is greater. If the allocation is based on the 1,000 years of service, any allocation not made for a qualified ambulance service person must be credited to the suspense account under section 144C.03, subdivision 2. A qualified ambulance service person must be credited with a year of service if the person is certified by the chief administrative officer of the ambulance service as having rendered active ambulance service during the 12 months ending as of the immediately previous June 30. If the person has rendered prior active ambulance service, the person
must be additionally credited with one-fifth of a year of service
for each year of active ambulance service rendered before June
30, 1993, but not to exceed in any year one additional year of
service or to exceed in total five years of prior service. Prior
active ambulance service means employment by or the provision of
service to a licensed ambulance service before June 30, 1993, as
determined by the person's current ambulance service based on
records provided by the person that were contemporaneous to the
service. The prior ambulance service must be reported on or
before August 15 to the commissioner of health
board in an affidavit from the chief administrative
officer of the ambulance service.
Sec. 27. Minnesota Statutes 1994, section 144C.08, is amended to read:
144C.08 [AMBULANCE SERVICE PERSONNEL LONGEVITY AWARD.]
(a) A qualified ambulance service person who has terminated active ambulance service, who has at least five years of credited ambulance service, who is at least 50 years old, and who is among the 400 persons with the greatest amount of credited ambulance service applying for a longevity award during that year, is entitled, upon application, to an ambulance service personnel longevity award. An applicant whose application is not approved because of the limit on the number of annual awards may apply in a subsequent year.
(b) If a qualified ambulance service person who meets the age and service requirements specified in paragraph (a) dies before applying for a longevity award, the estate of the decedent is entitled, upon application, to the decedent's ambulance service personnel longevity award, without reference to the limit on the number of annual awards.
(c) An ambulance service personnel longevity award is the total amount of the person's accumulations indicated in the person's separate record under section 144C.07 as of the August 15 preceding the application. The amount is payable only in a lump sum.
(d) Applications for an ambulance service personnel longevity
award must be received by the commissioner of health
board or the commissioner's board's designee
under section 144C.01, subdivision 2, by August 15, annually.
Ambulance service personnel longevity awards are payable only as
of the last business day in October annually.
Sec. 28. Minnesota Statutes 1994, section 144C.09, subdivision 2, is amended to read:
Subd. 2. [NONASSIGNABILITY.] No entitlement or claim of a
qualified ambulance service person or the person's beneficiary to
an ambulance service personnel longevity award is assignable, or
subject to garnishment, attachment, execution, levy, or legal
process of any kind, except as provided in section 518.58,
518.581, or 518.611. The commissioner of health
board may not recognize any attempted transfer,
assignment, or pledge of an ambulance service personnel longevity
award.
Sec. 29. Minnesota Statutes 1994, section 144C.10, is amended to read:
144C.10 [SCOPE OF ADMINISTRATIVE DUTIES.]
For purposes of administering the award and incentive program,
the commissioner of health board cannot hear
appeals, direct ambulance services to take any specific actions,
investigate or take action on individual complaints, or otherwise
act on information beyond that submitted by the licensed
ambulance services.
Sec. 30. [LEGISLATIVE FINDING; INTENT.]
The legislature finds that the emergency medical services (EMS) system and the critical public health needs it addresses would be greatly enhanced by establishing an independent governing body that has the responsibility and authority to ensure the efficient and effective operation of the system. The legislature further finds that the creation of an independent governing body can better coordinate all aspects of the EMS response system with various prevention efforts. This cooperation between prevention and response will positively affect the state's efforts to decrease death and disability due to trauma.
The legislature intends that the transfer required by section 37 (144E.01) not increase the level of funding for the functions transferred.
Sec. 31. [144D.01] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in sections 144D.01 to 144D.06, the following terms have the meanings given them.
Subd. 2. [ADULT.] "Adult" means a natural person who has attained the age of 18 years.
Subd. 3. [COMMISSIONER.] "Commissioner" means the commissioner of health or the commissioner's designee.
Subd. 4. [ELDERLY HOUSING WITH SERVICES ESTABLISHMENT OR ESTABLISHMENT.] "Elderly housing with services establishment" or "establishment" means an establishment providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more health-related or supportive service, whether offered or provided directly by the establishment or by another entity arranged for by the establishment.
Elderly housing with services establishment does not include:
(1) a nursing home licensed under chapter 144A;
(2) a hospital, boarding care home, or supervised living facility licensed under sections 144.50 to 144.56;
(3) a board and lodging establishment licensed under chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100 to 9530.4450;
(4) a board and lodging establishment which serves as a shelter for battered women or other similar purpose;
(5) a family adult foster care home licensed under Minnesota Rules, parts 9543.0010 to 9543.0150; or
(6) private homes in which the residents are related by kinship, law, or affinity with the providers of services.
Subd. 5. [SUPPORTIVE SERVICES.] "Supportive services" means arranging for medical services, health-related services, social services, transportation, help with personal laundry, or handling or assisting with personal funds of residents.
Subd. 6. [HEALTH-RELATED SERVICES.] "Health-related services" include professional nursing services, home health aide tasks, and home care aide tasks identified in Minnesota Rules, parts 4668.0100, subparts 1 and 2; and 4668.0110, subpart 1, or the central storage of medication for residents under section 144A.485, subdivision 2, clause (6).
Sec. 32. [144D.02] [REGISTRATION REQUIRED.]
No entity may establish, operate, conduct, or maintain an elderly housing with services establishment in this state without registering and operating as required in sections 144D.01 to 144D.06.
Sec. 33. [144D.03] [REGISTRATION.]
Subdivision 1. [REGISTRATION PROCEDURES.] The commissioner shall establish forms and procedures for annual registration of elderly housing with services establishments. The commissioner shall charge an annual registration fee of $35. No fee shall be refunded. A registered establishment shall notify the commissioner within 30 days of any change in the business name or address of the establishment, the name or mailing address of the owner or owners, or the name or mailing address of the managing agent. There shall be no fee for submission of the notice.
Subd. 2. [REGISTRATION INFORMATION.] The establishment shall provide the following information to the commissioner in order to be registered:
(1) the business name, street address, and mailing address of the establishment;
(2) the name and mailing address of the owner or owners of the establishment and, if the owner or owners are not natural persons, identification of the type of business entity of the owner or owners, and the names and addresses of the officers and members of the governing body, or comparable persons for partnerships, limited liability corporations, or other types of business organizations of the owner or owners;
(3) the name and mailing address of the managing agent, whether through management agreement or lease agreement, of the establishment, if different from the owner or owners, and the name of the on-site manager, if any;
(4) verification that the establishment has entered into an elderly housing with services contract, as required in section 144D.04, with each resident or resident's representative;
(5) the name and address of at least one natural person who shall be responsible for dealing with the commissioner on all matters provided for in sections 144D.01 to 144D.06, and on whom personal service of all notices and orders shall be made, and who shall be authorized to accept service on behalf of the owner or owners and the managing agent, if any; and
(6) the signature of the authorized representative of the owner or owners or, if the owner or owners are not natural persons, signatures of at least two authorized representatives of each owner, one of which shall be an officer of the owner.
Notwithstanding any law to the contrary, personal service on the person identified by the owner or owners in the registration shall be considered service on the owner or owners, and it shall not be a defense to any action that personal service was not made on each individual or entity. The designation of one or more individuals under this subdivision shall not affect the legal responsibility of the owner or owners under sections 144D.01 to 144D.06.
Sec. 34. [144D.04] [ELDERLY HOUSING WITH SERVICES CONTRACTS.]
Subdivision 1. [CONTRACT REQUIRED.] No elderly housing with services establishment may operate in this state unless a written elderly housing with services contract, as defined in subdivision 2, is executed between the establishment and each resident or resident's representative and unless the establishment operates in accordance with the terms of the contract. The resident or the resident's representative shall be given a complete copy of the contract and all supporting documents and attachments and any changes whenever changes are made.
Subd. 2. [CONTENTS OF CONTRACT.] An elderly housing with services contract, which need not be entitled as such to comply with this section, shall include at least the following elements in itself or through supporting documents or attachments:
(1) name, street address, and mailing address of the establishment;
(2) the name and mailing address of the owner or owners of the establishment and, if the owner or owners is not a natural person, identification of the type of business entity of the owner or owners;
(3) the name and mailing address of the managing agent, through management agreement or lease agreement, of the establishment, if different from the owner or owners;
(4) the name and address of at least one natural person who is authorized to accept service on behalf of the owner or owners and managing agent;
(5) statement describing the registration and licensure status of the establishment and any provider providing health-related or supportive services under an arrangement with the establishment;
(6) term of the contract;
(7) description of the services to be provided to the resident in the base rate to be paid by resident;
(8) description of any additional services available for an additional fee from the establishment directly or through arrangements with the establishment;
(9) fee schedules outlining the cost of any additional services;
(10) description of the process through which the contract may be modified, amended, or terminated;
(11) description of the establishment's complaint resolution process available to residents;
(12) the resident's designated representative, if any;
(13) the establishment's referral procedures if the contract is terminated;
(14) criteria used by the establishment to determine who may continue to reside in the elderly housing with services establishment;
(15) billing and payment procedures and requirements;
(16) statement regarding the ability of residents to receive services from service providers with whom the establishment does not have an arrangement; and
(17) statement regarding the availability of public funds for payment for residence or services in the establishment.
Subd. 3. [CONTRACTS IN PERMANENT FILES.] Elderly housing with services contracts and related documents executed by each resident or resident's representative shall be maintained by the establishment in files from the date of execution until three years after the contract is terminated. The contracts shall be made available to the commissioner upon request at any time.
Sec. 35. [144D.05] [AUTHORITY OF COMMISSIONER.]
The commissioner shall, upon receipt of information which may indicate the failure of the elderly housing with services establishment, a resident, a resident's representative, or a service provider to comply with a legal requirement to which one or more of them may be subject, make appropriate referrals to other governmental agencies and entities having jurisdiction over the subject matter. The commissioner may also make referrals to any public or private agency the commissioner considers available for appropriate assistance to those involved.
The commissioner shall have standing to bring an action for injunctive relief in the district court in the district in which an establishment is located to compel the elderly housing with services establishment to meet the requirements of this chapter or other requirements of the state or of any county or local governmental unit to which the establishment is otherwise subject. Proceedings for securing an injunction may be brought by the commissioner through the attorney general or through the appropriate county attorney. The sanctions in this section do not restrict the availability of other sanctions.
Sec. 36. [144D.06] [OTHER LAWS.]
An elderly housing with services establishment shall obtain and maintain all other licenses, permits, registrations, or other governmental approvals required of it in addition to registration under this chapter, except that an establishment registered under this chapter is exempt, at its option, from the requirement of obtaining and maintaining an adult foster care license under Minnesota Rules, parts 9543.0010 to 9543.0150, or a lodging license under chapter 157. An elderly housing with services establishment is subject to the provisions of sections 504.01 to 504.28 and 566.01 to 566.175. An elderly housing with services establishment which is also described in section 157.031 is exempt from the requirements of that section while it is registered under this chapter.
Sec. 37. [144E.01] [EMERGENCY MEDICAL SERVICES REGULATORY BOARD.]
Subdivision 1. [MEMBERSHIP.] (a) The emergency medical services regulatory board consists of the following members, all of whom must work in Minnesota, except for the person listed in clause (14):
(1) an emergency physician certified by the American board of emergency physicians;
(2) a representative of Minnesota hospitals;
(3) a representative of fire chiefs;
(4) a full-time firefighter who serves as a first responder and who is a member of a professional firefighter's union;
(5) a volunteer firefighter who serves as a first responder;
(6) an attendant currently practicing on a licensed ambulance service who is a paramedic or an emergency medical technician;
(7) an ambulance director for a licensed ambulance service;
(8) a representative of sheriffs;
(9) a member of a local board of health to represent community health services;
(10) two representatives of regional emergency medical services programs, one of whom must be from the metropolitan regional emergency medical services program;
(11) a registered nurse currently practicing in a hospital emergency department;
(12) a pediatrician, certified by the American board of pediatrics, with experience in emergency medical services;
(13) a family practice physician who is currently involved in emergency medical services; and
(14) a public member who resides in Minnesota and is at least 65 years of age.
(b) The governor shall appoint members under paragraph (a). Appointments under clauses (1) to (9) and (11) to (13) are subject to the advice and consent of the senate. In making appointments under clauses (1) to (9) and (11) to (13), the governor shall consider recommendations of the American college of emergency physicians, the Minnesota hospital association, the Minnesota and state fire chief's association, the Minnesota ambulance association, the Minnesota emergency medical services association, the Minnesota state sheriff's association, the association of Minnesota counties, the Minnesota nurses association, and the Minnesota chapter of the academy of pediatrics.
(c) No member appointed under paragraph (a) may serve consecutive terms.
(d) At least seven members appointed under paragraph (a) must reside outside of the seven-county metropolitan area, as defined in section 473.121.
Subd. 2. [EX OFFICIO MEMBERS.] The speaker of the house of representatives and the committee on rules and administration of the senate shall appoint one representative and one senator to serve as ex officio, nonvoting members.
Subd. 3. [CHAIR.] The governor shall designate one of the members appointed under subdivision 1 as chair of the board.
Subd. 4. [COMPENSATION; TERMS.] Membership terms compensation, and removal of members appointed under subdivision 1, are governed by section 15.0575.
Subd. 5. [STAFF.] The board shall appoint an executive director who shall serve in the unclassified service and may appoint other staff.
Subd. 6. [DUTIES OF THE BOARD.] (a) The emergency medical services regulatory board shall:
(1) administer and enforce the provisions of this chapter and other duties as assigned to the board;
(2) advise applicants for state or federal emergency medical services funds, review and comment on such applications, and approve the use of such funds unless otherwise required by federal law;
(3) make recommendations to the legislature on improving the access, delivery, and effectiveness of the state's emergency medical services delivery system; and
(4) establish procedures for investigating, hearing, and resolving complaints against emergency medical services providers.
(b) The emergency medical services board may prepare an initial work plan, which may be updated biennially. The work plan may include provisions to:
(1) prepare an emergency medical services assessment which addresses issues affecting the statewide delivery system;
(2) establish a statewide public information and education system regarding emergency medical services;
(3) create, in conjunction with the department of public safety, a statewide injury and trauma prevention program; and
(4) designate an annual emergency medical services personnel recognition day.
Subd. 7. [CONFLICT OF INTEREST.] No member of the emergency medical services board may participate or vote in board proceedings in which the member has a direct conflict of interest, financial or otherwise.
Sec. 38. [TRANSFER.]
The powers and duties of the commissioner of health under Minnesota Statutes, sections 62N.381, 144.801 to 144.8095, and chapter 144C are transferred to the emergency medical services regulatory board under Minnesota Statutes, section 15.039.
Sec. 39. [INITIAL BOARD.]
Subdivision 1. [MEMBERSHIP TERMS.] Notwithstanding section 31, subdivision 4 (144D.01, subdivision 4), for the initial emergency medical services board, five members shall have an initial term of two years, five members shall have an initial term of three years, and five members shall serve four years. Notwithstanding section 31, subdivision 1, paragraph (c), a member of the initial board appointed to a term of less than four years may serve a successive term.
Subd. 2. [COMPENSATION.] Notwithstanding section 31, subdivision 4 (144D.01, subdivision 4), for the biennium ending June 30, 1997, members of the emergency medical services board shall not be compensated except for expenses.
Sec. 40. [TRANSITION.]
Between July 1, 1995, and August 1, 1995, the commissioner may expend funds only for normal operating expenses.
Sec. 41. [145.890] [CHILDREN WITH SPECIAL NEEDS.]
When cost-effective, the commissioner may use money received for the services for children with special health care needs program to purchase health coverage for eligible children.
Sec. 42. Minnesota Statutes 1994, section 145A.15, is amended to read:
145A.15 [HOME VISITING PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of health
shall establish a expand the current grant program
to fund additional projects designed to prevent child
abuse and neglect and reduce juvenile delinquency by promoting
positive parenting, resiliency in children, and a healthy
beginning for children by providing early intervention
services for families at risk of child abuse and neglect
in need. Grant dollars shall be available to train
paraprofessionals to provide in-home intervention services and to
allow public health nurses to do case management of services.
The grant program shall provide early intervention services
for families in need and will include:
(1) expansion of current public health nurse and family aide home visiting programs and public health home visiting projects which prevent child abuse and neglect, prevent juvenile delinquency, and build resiliency in children;
(2) early intervention to promote a healthy and nurturing beginning;
(3) distribution of educational and public information programs and materials in hospital maternity divisions, well-baby clinics, obstetrical clinics, and community clinics; and
(3) (4) training of home visitors in skills
necessary for comprehensive home visiting which promotes a
healthy and nurturing beginning for the child.
Subd. 2. [GRANT RECIPIENTS.] The commissioner is authorized to
award grants to programs that meet the requirements of
subdivision 3 and that are targeted to at-risk include
a strong child abuse and neglect prevention focus for
families. Families in need of services. Priority will
be given to families considered to be at-risk for child
abuse and neglect in need of additional services. These
families include, but are not limited to, families with:
(1) adolescent parents;
(2) a history of alcohol and other drug abuse;
(3) a history of child abuse, domestic abuse, or other
dysfunction types of violence in the family of
origin;
(4) a history of domestic abuse, rape, or other forms of victimization;
(5) reduced cognitive functioning;
(6) a lack of knowledge of child growth and development stages;
or
(7) difficulty dealing with stress, including stress caused
by discrimination, mental illness, a high incidence of crime or
poverty in the neighborhood, unemployment, divorce, and lack of
basic needs, often found in conjunction with a pattern of family
isolation low resiliency to adversities and environmental
stresses; or
(8) lack of sufficient financial resources to meet their needs.
Subd. 3. [PROGRAM REQUIREMENTS.] (a) The commissioner shall award grants, using a request for proposal system, to programs designed to:
(1) develop a risk assessment tool and offer direct
contact families at the birth of the child through a public
health nurse or trained program representative who will meet the
family, provide information, describe the benefits of the
program, and offer a home visit to the family to occur during the
first weeks of the newborn's life in the home setting;
(2) visit the family and newborn in the home setting at which time the public health nurse or trained individual will answer parents' questions, give information, including information on breast feeding, and make referrals to any other appropriate services;
(3) conduct a screening process to determine if families
need additional support or are at risk for child abuse and
neglect and provide additional home visiting services to
at-risk needed by the families including, but not
limited to, education on: parenting skills, child development
and stages of growth, communication skills, stress management,
problem-solving skills, positive child discipline practices,
methods to improve parent-child interactions and enhance
self-esteem, community support services and other resources, and
how to enjoy and have fun with your children;
(2) (4) establish clear objectives and protocols
for the home visits;
(3) (5) determine the frequency and duration of
home visits based on a risk-need assessment of the client; except
that home visits shall may begin in the
second as early as the first trimester of pregnancy
and continue based on the need of the client until the child
reaches age six;
(6) refer and actively assist the family in accessing new parent and family education, self-help and support services available in the community;
(4) (7) develop and distribute educational
resource materials and offer presentations on the prevention of
child abuse and neglect for use in hospital maternity divisions,
well-baby clinics, obstetrical clinics, and community clinics;
and
(5) (8) coordinate with other local home
visitation programs, particularly those offered by school boards
under section 121.882, subdivision 2b, so as to avoid
duplication.
(b) Programs must provide at least 40 hours of training for public health nurses, family aides, and other home visitors. Training must include information on the following:
(1) the dynamics of child abuse and neglect, domestic and nondomestic violence, and victimization within family systems;
(2) signs of abuse or other indications that a child may be at risk of abuse or neglect;
(3) what is child abuse and neglect;
(4) how to properly report cases of child abuse and neglect;
(5) sensitivity and respect for diverse cultural
preferences practices in child rearing and
family systems, including but not limited to complex family
relationships, safety, appropriate services, family preservation,
family finances for self-sufficiency, and other special needs or
circumstances;
(6) community resources, social service agencies, and family support activities or programs;
(7) healthy child development and growth;
(8) parenting skills;
(9) positive child discipline practices;
(10) identification of stress factors and stress reduction techniques;
(11) home visiting techniques; and
(12) risk needs assessment measures;
and
(13) caring for the special needs of newborns and mothers before and after the birth of the infant.
Program services must be community-based, accessible, and culturally relevant and must be designed to foster collaboration among existing agencies and community-based organizations.
Subd. 4. [EVALUATION.] Each program that receives a grant under this section must include a plan for program evaluation designed to measure the effectiveness of the program in preventing child abuse and neglect. On January 1, 1994, and annually thereafter, the commissioner of health shall submit a report to the legislature on all activities initiated in the prior biennium under this section. The report shall include information on the outcomes reported by all programs that received grant funds under this section in that biennium.
Sec. 43. Minnesota Statutes 1994, section 147.01, subdivision 6, is amended to read:
Subd. 6. [LICENSE SURCHARGE.] In addition to any fee established under section 214.06, the board shall assess an annual license surcharge of $400 against each physician licensed under this chapter residing in Minnesota and the states contiguous to Minnesota. The surcharge applies to a physician who is licensed as of or after October 1, 1992, and whose license is issued or renewed on or after April 1, 1992, and is assessed as follows:
(1) a physician whose license is issued or renewed between April 1 and September 30 shall be billed on or before November 15, and the physician must pay the surcharge by December 15; and
(2) a physician whose license is issued or renewed between October 1 and March 31 shall be billed on or before May 15, and the physician must pay the surcharge by June 15.
The board shall provide that the surcharge payment must be
remitted to the commissioner of human services to be deposited in
the general fund under section 256.9656. The board shall not
renew the license of a physician who has not paid the surcharge
required under this section. The board shall promptly provide to
the commissioner of human services upon request information
available to the board and specifically required by the
commissioner to operate the provider surcharge program. The
board shall limit the surcharge to physicians residing in
Minnesota and the states contiguous to Minnesota upon
notification from the commissioner of human services that the
federal government has approved a waiver to allow the surcharge
to be applied in that manner.
Sec. 44. Minnesota Statutes 1994, section 157.03, is amended to read:
157.03 [LICENSES REQUIRED; FEES.]
Each year (a) A license is required annually for
every person, firm, or corporation engaged in the business of
conducting an a hotel, motel, restaurant,
alcoholic beverage establishment, lodging house,
boarding house, or resort, or place of refreshment,
establishment, boarding establishment, resort, mobile food
unit, seasonal food stand, food cart, or special event food
stand or who shall hereafter engage thereafter
engages in conducting any such a business,
except vending machine operators licensed under the license
provisions of sections 28A.01 to 28A.16, must procure a license
for each hotel, motel, restaurant, lodging house, boarding house,
or resort, or place of refreshment so conducted. For any hotel,
motel, resort, campground, or manufactured home park as defined
in section 327.15, in which food, fountain, or bar service is
furnished, one license, in addition to the hotel, resort,
manufactured home park, or campground license, shall be
sufficient for all restaurants and places of refreshment
conducted on the same premises and under the same management with
the hotel, motel, resort, manufactured home park, or campground.
Each license shall expire and be renewed as prescribed by the
commissioner pursuant to section 144.122. Any person
wishing to operate a place of business as licensed under this
section shall first make application, pay the required fee,
and receive approval for operation, including plan review
approval. Application shall be made on forms provided by the
commissioner and shall require the applicant to state the full
name and address of the owner of the building, structure, or
enclosure, and the lessee and manager of the hotel, motel,
restaurant, alcoholic beverage establishment, boarding
establishment, lodging establishment, resort, mobile food unit,
seasonal food stand, food cart, or special event food stand.
Initial and renewal licenses for all hotels, motels, restaurants,
alcoholic beverage establishments, lodging establishments,
boarding establishments, resorts, mobile food units, seasonal
food stands, food carts, or special event food stands shall be
issued for the calendar year for which application is made and
shall expire on December 31 of that year. Any
proprietor person who operates a place of business
after the expiration date without first having made
application for of a license and or
without having made payment of paid the fee
thereof shall be deemed to have violated the provisions of
this chapter and be subject to prosecution, enforcement
action as provided in this chapter the Health
Enforcement Consolidation Act, sections 144.989 to 144.993.
In addition thereto, a penalty in an amount prescribed
by the commissioner pursuant to section 144.122 of $25
shall be added to the amount total of the license
fee and paid by the proprietor, as provided herein, if the
application has not reached the office of the state commissioner
of health within 30 days following the expiration of license; or,
in the case of a new business, 30 days after the opening date of
the business. Any person, firm, or corporation desiring to
conduct a hotel, motel, restaurant, lodging house, boarding
house, or resort, or place of refreshment shall make application
on forms provided by the department for a license therefor, which
shall require the applicant to state the full name and address of
the owner of the building, structure, or enclosure, the lessee
and manager of the hotel, motel, restaurant, lodging house,
boarding house, or resort, or place of refreshment, the location
of the same, the name under which the business is to be
conducted, and any other information as may be required therein
by the state commissioner of health to complete the application
for license. The application shall be accompanied by a license
fee as hereinafter provided for any mobile food unit,
seasonal food stand, and food cart operating without a license,
and a penalty of $50 shall be added to the total of the license
fee for hotels, motels, restaurants, alcoholic beverage
establishments, lodging establishments, boarding establishments,
and resorts.
For hotels, motels, lodging houses, and resorts, the license
fee may be graduated according to the number of sleeping rooms
and the amount of the fees shall be prescribed by the state
commissioner of health pursuant to section 144.122.
For restaurants, places of refreshment, and boarding houses,
the license fee may be based on the average number of employees.
The number of employees counted for each establishment shall be
based upon the total number of employees employed full time and
employed part time when added together to total the hours of
full-time employment. Employees shall include all persons,
except children of the licensee under the age of 18, at work in
any capacity, either voluntary or paid, and whether or not
reported under the labor laws of this state.
If the license fee is based upon the average number of
employees, every licensee shall, at the time of application,
certify as to the number of employees on forms provided by the
state commissioner of health and the state commissioner of health
shall have access, on demand, to any and all employment records
for purposes of substantiating or correcting numbers of declared
employees.
License fees for restaurants, places of refreshment, and
boarding houses shall be in an amount prescribed by the state
commissioner of health pursuant to section 144.122.
No school, as defined in sections 120.05 and 120.101, may be required to pay a license fee.
(b) Establishments licensed under chapter 157 shall pay the following fees:
(1) all establishments except special event food stands shall pay an annual base fee of $100;
(2) in addition to the base fee in clause (1) each establishment shall pay annually a fee for each fee category as specified in this clause:
(i) limited food menu selection, $30;
(ii) small menu selection with limited equipment, $55;
(iii) small establishment with full menu selection, $150;
(iv) large establishment with full menu selection, $250;
(v) temporary food service, $30;
(vi) alcohol service from bar, $75;
(vii) beer or wine table service, $30;
(viii) lodging per unit, $4, a maximum of $400;
(ix) first swimming pool, $100;
(x) additional swimming pool, $50;
(xi) first spa, $50;
(xii) additional spa, $25;
(xiii) private water or sewer, $30;
(3) a special event food stand shall pay a fee of $60 per event; and
(4) an initial license application for food, beverage, or lodging establishments must be accompanied by a fee of $150 for review of the construction or remodeling plans.
When hotels, motels, restaurants, alcoholic beverage establishments, lodging establishments, boarding establishments, resorts, and mobile food units are extensively remodeled, a fee of $150 must accompany the remodeling plans. Neither an initial license plan review fee nor a remodeling plan review fee shall be required for seasonal food stands, food carts, and special event food stands.
Sec. 45. [157.0315] [DEFINITIONS.]
Subdivision 1. [APPLICATION.] The definitions in this section apply to sections 157.03 and 157.0351 to 157.0359.
Subd. 2. [ALCOHOLIC BEVERAGE ESTABLISHMENT.] "Alcoholic beverage establishment" means a building, structure, enclosure, or any part thereof used as, maintained as, advertised as, or held out to be a place where alcoholic beverages are served.
Subd. 3. [COMMISSIONER.] "Commissioner" means the commissioner of health.
Subd. 4. [BOARDING ESTABLISHMENT.] "Boarding establishment" means a building, structure, enclosure, or any part thereof used as, maintained as, advertised as, or held out to be a place where food or nonalcoholic beverages are furnished to five or more regular boarders, whether with or without sleeping accommodations, for periods of one week or more.
Subd. 5. [FOOD AND BEVERAGE ESTABLISHMENT.] "Food and beverage establishment" means a restaurant, alcoholic beverage establishment, boarding establishment, mobile food unit, seasonal food stand, food cart, or special event food stand.
Subd. 6. [FOOD CART.] "Food cart" means a nonmotorized vehicle limited to serving food that is not defined by rule as potentially hazardous food, except precooked frankfurters and other ready-to-eat link sausages.
Subd. 7. [HOTEL OR MOTEL]. "Hotel or motel" means a building, structure, enclosure, or any part thereof used as, maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished to the public and furnishing accommodations for periods of less than one week.
Subd. 8. [LODGING ESTABLISHMENT.] "Lodging establishment" means a building, structure, enclosure, or any part thereof used as, maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished to the public as regular roomers, for periods of one week or more, and having five or more beds to let to the public.
Subd. 9. [MOBILE FOOD UNIT.] "Mobile food unit" means a food service establishment that is a vehicle mounted unit, either motorized or trailered, and readily movable without disassembling, for transport to another location and remaining for no more than 14 days, annually, at any one place.
Subd. 10. [PERSON.] "Person" has the meaning given in section 103I.005, subdivision 16.
Subd. 11. [RESORT.] "Resort" means a building, structure, enclosure, or any part thereof located on, or on property neighboring, any lake, stream, skiing or hunting area, or any recreational area for purposes of providing convenient access thereto, kept, used, maintained, or advertised as, or held out to the public to be a place where sleeping accommodations are furnished to the public, and primarily to those seeking recreation for periods of one day, one week, or longer, and having for rent five or more cottages, rooms, or enclosures.
Subd. 12. [RESTAURANT.] "Restaurant" means a building, structure, enclosure, or any part thereof used as, maintained as, advertised as, or held out to be a place where food or nonalcoholic beverages are served or prepared for service to the public.
Subd. 13. [SEASONAL FOOD STAND.] "Seasonal food stand" means a food stand that is disassembled and moved from location to location, remaining no more than 14 days, annually, at any one place; or a permanent food service stand or building that operates no more than 14 days annually.
Subd. 14. [SPECIAL EVENT FOOD STAND.] "Special event food stand" means a food service used in conjunction with celebrations and special events, used not more than twice annually, and remaining no more than three consecutive days at any one location.
Sec. 46. [157.0352] [LICENSES REQUIRED; FEES.]
Subdivision 1. [LICENSE REQUIRED ANNUALLY.] A license is required annually for every person engaged in the business of conducting a hotel, motel, restaurant, alcoholic beverage establishment, boarding establishment, lodging establishment, resort, mobile food unit, seasonal food stand, food cart, or special event food stand or who thereafter engages in conducting any such business. Any person wishing to operate a place of business licensed in this section shall first make application, pay the required fee, and receive approval for operation, including plan review approval. Application shall be made on forms provided by the commissioner and shall require the applicant to state the full name and address of the owner of the building, structure, or enclosure, the lessee and manager of the hotel, motel, restaurant, alcoholic beverage establishment, boarding establishment, lodging establishment, resort, mobile food unit, seasonal food stand, food cart, or special event food stand; the name under which the business is to be conducted; and any other information as may be required by the commissioner to complete the application for license.
Subd. 2. [LICENSE RENEWAL.] Initial and renewal licenses for all hotels, motels, restaurants, alcoholic beverage establishments, lodging establishments, boarding establishments, resorts, mobile food units, seasonal food stands, and food carts shall be issued for the calendar year for which application is made and shall expire on December 31 of such year. Any person who operates a place of business after the expiration date of a license or without having paid the fee shall be deemed to have violated the provisions of this chapter and shall be subject to enforcement action, as provided in the Health Enforcement Consolidation Act, sections 144.989 to 144.993. In addition, a penalty of $25 shall be added to the total of the license fee for any mobile food unit, seasonal food stand, and food cart operating without a license, and a penalty of $50 shall be added to the total of the license fee for all other food, beverage, and lodging establishments.
Subd. 3. [ESTABLISHMENT FEES; DEFINITIONS.] For the purposes of establishing food, beverage, and lodging establishment fees, the following definitions have the meanings given them.
(a) "Limited food menu selection" means a fee category that provides one or more of the following:
(1) prepackaged food that receives heat treatment and is served in the package;
(2) frozen pizza that is heated and served;
(3) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
(4) soft drinks, coffee, or nonalcoholic beverages; or
(5) does not prepare food on site, however serves food that was prepared elsewhere and provides cleaning of eating, drinking, or cooking utensils.
(b) "Small menu selection with limited equipment" means a fee category that has no salad bar and provides one or more of the following:
(1) food service equipment that is limited to a deep fat fryer, a grill, two hot holding containers, and one or more microwave ovens;
(2) service of dipped ice cream or soft serve frozen desserts;
(3) service of breakfast in an owner-occupied bed and breakfast establishment; or
(4) is a boarding establishment.
(c) "Small establishment with full menu selection" means a fee category that provides one or more of the following:
(1) food service equipment that includes a range, oven, steam table, salad bar, or salad preparation area;
(2) food service equipment that includes more than one deep fat fryer, one grill, or two hot holding containers; or
(3) an establishment where food is prepared at one location and served at one or more separate locations.
(d) "Large establishment with full menu selection" means either a fee category that meets the criteria in paragraph (c), clause (1) or (2), for a small establishment with full menu selection and:
(1) seats more than 175 people;
(2) offers the full menu selection an average of five or more days a week during the weeks of operation; or means a service category that meets the criteria in paragraph (c), clause (3), for a small establishment with full menu selection; and
(3) prepares and serves 500 meals per day.
(e) "Temporary food service" means a fee category where food is prepared and served from a mobile food unit, seasonal food stand, or food cart.
(f) "Alcohol service from bar" means a fee category where alcoholic mixed drinks are served, or where beer or wine are served from a bar.
(g) "Beer or wine table service" means a fee category where the only alcoholic beverage service is beer or wine, served to customers seated at tables.
(h) "Individual water" means a fee category with a water supply other than a community public water supply as defined in Minnesota Rules, chapter 4720.
(i) "Individual sewer" means a fee category with an individual sewage treatment system which uses subsurface treatment and disposal.
(j) "Lodging per unit" means a fee category including the number of guest rooms, cottages, or other rental units of a hotel, motel, lodging establishment, or resort; or the number of beds in a dormitory.
(k) "Public pool" means a fee category that has the meaning given in Minnesota Rules, part 4717.0250, subpart 8.
(l) "Spa pool" means a fee category that has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
(m) "Special event food stand" means a fee category where food is prepared and served in conjunction with celebrations or special events, but not more than twice annually, and where the facility is used no more than three consecutive days per event.
Sec. 47. [157.0353] [ADDITIONAL REGISTRATION REQUIRED FOR BOARDING AND LODGING ESTABLISHMENTS OR LODGING ESTABLISHMENTS; SPECIAL SERVICES.]
Subdivision 1. [DEFINITIONS.] (a) "Supportive services" means the provision of supervision and minimal assistance with independent living skills such as social and recreational opportunities, assistance with transportation,
arranging for meetings and appointments, and arranging for medical and social services. Supportive services also include providing reminders to residents to take medications that are self-administered or providing storage for medications if requested.
(b) "Health supervision services" means the provision of assistance in the preparation and administration of medications other than injectables, the provision of therapeutic diets, taking vital signs, or providing assistance in dressing, grooming, bathing, or with walking devices.
Subd. 2. [REGISTRATION.] A board and lodging establishment or a lodging establishment that provides supportive services or health supervision services must register with the commissioner annually. The registration must include the name, address, and telephone number of the establishment, the types of services that are being provided, a description of the residents being served, the type and qualifications of staff in the facility, and other information that is necessary to identify the needs of the residents and the types of services that are being provided. The commissioner shall develop and furnish to the boarding and lodging establishment or lodging establishment the necessary form for submitting the registration. The requirement for registration is effective until the rules required by sections 144B.01 to 144B.17 are effective.
Subd. 3. [RESTRICTION ON THE PROVISION OF SERVICES.] Effective July 1, 1995, and until one year after the rules required under sections 144B.01 to 144B.17 are adopted, a boarding and lodging establishment or lodging establishment registered under subdivision 2 may provide health supervision services only if a licensed nurse is on site in the establishment for at least four hours a week to provide monitoring of health supervision services for the residents. A boarding and lodging establishment or lodging establishment that admits or retains residents using wheelchairs or walkers must have the necessary clearances from the office of the state fire marshal.
Subd. 4. [RESIDENTIAL CARE HOME LICENSE REQUIRED.] Upon adoption of the rules required by sections 144B.01 to 144B.17, a boarding and lodging establishment or lodging establishment registered under subdivision 2, that provides either supportive care or health supervision services, must obtain a residential care home license from the commissioner within one year from the adoption of those rules.
Subd. 5. [SERVICES THAT MAY NOT BE PROVIDED IN A BOARDING AND LODGING ESTABLISHMENT OR LODGING ESTABLISHMENT.] A boarding and lodging establishment or lodging establishment may not admit or retain individuals who:
(1) would require assistance from establishment staff because of the following needs: bowel incontinence, catheter care, use of injectable or parenteral medications, wound care, or dressing changes or irrigations of any kind; or
(2) require a level of care and supervision beyond supportive services or health supervision services.
Subd. 6. [CERTAIN INDIVIDUALS MAY PROVIDE SERVICES.] This section does not prohibit the provision of health care services to residents of a boarding and lodging establishment or lodging establishment by family members of the resident or by a registered or licensed home care agency employed by the resident.
Subd. 7. [EXEMPTION FOR ESTABLISHMENTS WITH A HUMAN SERVICES LICENSE.] This section does not apply to a boarding and lodging establishment or lodging establishment that is licensed by the commissioner of human services under chapter 245A.
Subd. 8. [VIOLATIONS.] The commissioner may revoke the establishment license if the establishment is found to be in violation of this section. Violation of this section is a gross misdemeanor.
Sec. 48. [157.0354] [POSTING REQUIREMENTS.]
Every hotel, motel, restaurant, alcoholic beverage establishment, boarding establishment, lodging establishment, resort, mobile food unit, seasonal food stand, food cart, or special event food stand securing a license or license fee receipt under the provisions of this chapter shall post in a conspicuous place a copy of the license or receipt.
Sec. 49. [157.0355] [LEVELS OF RISK; DEFINITIONS.]
Subdivision 1. [HIGH-RISK ESTABLISHMENT.] "High-risk establishment" means any hotel, motel, restaurant, alcoholic beverage establishment, boarding establishment, lodging establishment, or resort that:
(1) serves potentially hazardous foods that require extensive processing on the premises, including manual handling, cooling, reheating, or holding for service;
(2) prepares foods several hours or days before service;
(3) serves menu items that epidemiologic experience has demonstrated to be common vehicles of food-borne illness;
(4) has a public swimming pool; or
(5) draws its drinking water from a surface water supply.
Subd. 2. [MEDIUM-RISK ESTABLISHMENT.] "Medium-risk establishment" means a hotel, motel, restaurant, alcoholic beverage establishment, boarding establishment, lodging establishment, or resort that:
(1) serves potentially hazardous foods but with minimal holding between preparation and service; or
(2) serves medium-risk foods, such as pizza, that require extensive handling, followed by heat treatment.
Subd. 3. [LOW-RISK ESTABLISHMENT.] "Low-risk establishment" means a hotel, motel, restaurant, alcoholic beverage establishment, boarding establishment, lodging establishment, or resort that is not a high-risk or medium-risk establishment.
Subd. 4. [TEMPORARY FOOD SERVICE AND SPECIAL EVENT FOOD STANDS.] Mobile food units, seasonal food stands, food carts, and special event food stands are not defined as high-, medium-, or low-risk establishments.
Sec. 50. [157.0356] [INSPECTION; FREQUENCY; ORDERS.]
Subdivision 1. [INSPECTIONS.] It shall be the duty of the commissioner to inspect, or cause to be inspected, every hotel, motel, restaurant, alcoholic beverage establishment, boarding establishment, lodging establishment, resort, mobile food unit, seasonal food stand, food cart, and special event food stand in this state. For the purpose of conducting inspections, the commissioner shall have the right to enter and have access thereto at any time during the conduct of business.
Subd. 2. [INSPECTION FREQUENCY.] The frequency of inspections of the establishments shall be based on the degree of health risk.
(a) High-risk establishments must be inspected at least once a year.
(b) Medium-risk establishments must be inspected at least once every 18 months.
(c) Low-risk establishments must be inspected at least once every two years.
Subd. 3. [ORDERS.] When, upon inspection, it is found that the business and property so inspected is not being conducted, or is not equipped, in the manner required by the provisions of this chapter or the rules of the commissioner, or is being conducted in violation of any of the laws of this state pertaining to the business, it is the duty of the commissioner to notify the person in charge of the business, or the owner or agent of the buildings so occupied, of the condition found and issue an order for correction of the violations. Each person shall comply with the provisions of this chapter or the rules of the commissioner. A reasonable time may be granted by the commissioner for compliance with the provisions of this chapter.
Sec. 51. [157.0357] [INSPECTION RECORDS.]
The commissioner shall keep inspection records for all hotels, motels, restaurants, alcoholic beverage establishments, boarding establishments, lodging establishments, resorts, mobile food units, seasonal food stands, food carts, and special event food stands, together with the name of the owner and operator.
Sec. 52. [157.0358] [RULES.]
Subdivision 1. [ESTABLISHMENTS.] The commissioner shall adopt rules establishing standards for food, beverage, and lodging establishments.
Subd. 2. [CERTIFICATION OF FOOD SERVICE MANAGERS.] The commissioner shall:
(1) adopt rules for certification requirements for managers of food service operations; and
(2) establish in rule, criteria for training and certification.
Sec. 53. [157.0359] [EXEMPTIONS.]
This chapter shall not be construed to apply to:
(1) interstate carriers under the supervision of the United States Department of Health and Human Services;
(2) any building constructed and primarily used for religious worship;
(3) any building owned, operated, and used by a college or university in accordance with health regulations promulgated by the college or university under chapter 14;
(4) any person, firm, or corporation whose principal mode of business is licensed under sections 28A.04 and 28A.05, is exempt at that premises from licensure as a food or beverage establishment; provided that the holding of any license pursuant to sections 28A.04 and 28A.05 shall not exempt any person, firm, or corporation from the applicable provisions of this chapter or the rules of the state commissioner of health relating to food and beverage service establishments;
(5) family day care homes and group family day care homes governed by sections 245A.01 to 245A.16;
(6) nonprofit senior citizen centers for the sale of home-baked goods; and
(7) food not prepared at an establishment and brought in by members of an organization for consumption by members at a potluck event.
Sec. 54. Minnesota Statutes 1994, section 447.32, subdivision 5, is amended to read:
Subd. 5. [BOARD MEETINGS.] Regular meetings of the hospital board must be held at least once a month, at a time and place the board sets by resolution. A hospital board which no longer operates a district hospital shall meet annually, or more frequently as determined by the board. Special meetings may be held:
(1) at any time upon the call of the chair or of any two other members;
(2) upon written notice mailed to each member three days before the meeting;
(3) upon other notice as the board by resolution may provide; or
(4) without notice if each member is present or files with the clerk a written consent to holding the meeting. The consent may be filed before or after the meeting. Any action within the authority of the board may be taken by the vote of a majority of the members present at a regular or adjourned regular meeting or at a duly called special meeting, if a quorum is present. A majority of all the members of the board constitutes a quorum, but a lesser number may meet and adjourn from time to time and compel the attendance of absent members.
Sec. 55. [REPORT ON UNITED STATES ARMY SPRAYING OF ZINC CADMIUM SULFIDE AND OTHER CHEMICALS.]
The commissioner of health, in collaboration with the pollution control agency, natural resources, and the school of public health at the University of Minnesota shall review the National Academy of Science's report on the past and future adverse effects, if any, on public health and the environment, from the spraying of zinc cadmium sulfide and other chemicals in Minnesota in the 1950s and 1960s by the United States Army. The commissioner of health's report shall be submitted to the legislature within six months of completion of the National Academy of Science's report and shall contain recommendations for additional initiatives, if any, in Minnesota.
Sec. 56. [REVIEW BY ATTORNEY GENERAL.]
The attorney general shall determine:
(1) whether the spraying by the United States Army of zinc cadmium sulfide and other chemicals in Minnesota in the 1950s and 1960s, or any associated actions or failure to act, violated any provisions of state or federal law or the state or federal constitutions; and
(2) what legal actions might be available to prevent similar problems in the future and to recover damages and costs resulting from the spraying.
The attorney general's findings must be included in the report required in section 48.
Sec. 57. [REPORT.]
The commissioner of health shall submit a report to the legislature by March 1, 1996, regarding the registration program for elderly housing with services establishments and recommendations for appropriate level of home care licensure for housing with services establishments. The commissioner shall also include in the report recommendations as to whether home sharing arrangements should be excluded from the registration program.
Sec. 58. [REVISOR'S INSTRUCTION; FOOD SERVICE STANDARDS.]
The revisor of statutes, in coordination with the health department, shall determine and implement appropriate cross-reference changes required as a result of sections 5, 37 to 46, and 51 (sections 144.226, 157.03 to 157.0359, and repealer).
Sec. 59. [REPEALERS.]
Subdivision 1. [FOOD SERVICE STANDARDS.] Minnesota Statutes 1994, sections 38.161; 38.162; 157.01; 157.02; 157.031; 157.04; 157.045; 157.05; 157.08; 157.12; 157.13; and 157.14, are repealed.
Subd. 2. [EMERGENCY MEDICAL SERVICES REGULATORY BOARD.] Minnesota Statutes 1994, section 144.8097, is repealed.
Sec. 60. [EFFECTIVE DATES.]
Subdivision 1. [EMERGENCY MEDICAL SERVICES REGULATORY BOARD.] Sections 1 to 3 (62N.381, subdivisions 2 to 4); 10 to 21 (144.801 to 144.8095); and 24 to 29 (144C.01 to 144C.10) are effective July 1, 1995.
Sections 30, 37, and 39 (legislative finding, 144E.01, subdivisions 1 to 7, initial board) are effective the day following final enactment.
Section 38 (transfer) is effective August 1, 1995.
Subd. 2. [PESTICIDE SURVEILLANCE.] Section 7 (144.492) is effective the day following final enactment.
Subd. 3. [SPRAYING.] Sections 55 and 56 (spraying) are effective the day following final enactment.
Subd. 4. [HOME VISITING PROGRAM.] The amendments to Minnesota Statutes, section 145A.15, subdivisions 1 and 3, do not become effective until July 1, 1996, for home health visiting programs that received a grant under Minnesota Statutes, section 145A.15, and that were in existence on December 31, 1994.
Subd. 5. [ELDERLY HOUSING.] Sections 23 (144B.01, subdivision 5); and 31 to 36 (144D.01 to 144D.06), are effective August 1, 1996. Section 57 (elderly housing report) is effective the day following final enactment.
Section 1. Minnesota Statutes 1994, section 62A.045, is amended to read:
62A.045 [PAYMENTS ON BEHALF OF WELFARE RECIPIENTS.]
(a) No policy of accident and sickness insurance
regulated under this chapter; vendor of risk management services
regulated under section 60A.23; nonprofit health service plan
corporation regulated under chapter 62C; health maintenance
organization regulated under chapter 62D; or self-insured plan
regulated under chapter 62E health plan issued or renewed
to provide coverage to a Minnesota resident shall contain any
provision denying or reducing benefits because services are
rendered to a person who is eligible for or receiving medical
benefits pursuant to title XIX of the Social Security Act
(Medicaid) in this or any other state; chapter 256; 256B; or
256D or services pursuant to section 252.27; 256.9351 to
256.9361; 260.251, subdivision 1a; or 393.07, subdivision 1 or 2.
No insurer health carrier providing benefits under
policies plans covered by this section shall use
eligibility for medical programs named in this section as an
underwriting guideline or reason for nonacceptance of the
risk.
(b) If payment for covered expenses has been made under state medical programs for health care items or services provided to an individual, and a third party has a legal liability to make payments, the rights of payment and appeal of an adverse coverage decision for the individual, or in the case of a child their responsible relative or caretaker, will be subrogated to the state and/or its authorized agent.
(c) Notwithstanding any law to the contrary, when a
person covered under by a policy of accident and
sickness insurance, risk management plan, nonprofit health
service plan, health maintenance organization, or
self-insured health plan receives medical benefits
according to any statute listed in this section, payment for
covered services or notice of denial for services billed by the
provider must be issued directly to the provider. If a person
was receiving medical benefits through the department of human
services at the time a service was provided, the provider must
indicate this benefit coverage on any claim forms submitted by
the provider to the insurer health carrier for
those services. If the commissioner of human services notifies
the insurer health carrier that the commissioner
has made payments to the provider, payment for benefits or
notices of denials issued by the insurer health
carrier must be issued directly to the commissioner.
Submission by the department to the insurer health
carrier of the claim on a department of human services claim
form is proper notice and shall be considered proof of payment of
the claim to the provider and supersedes any contract
requirements of the insurer health carrier relating
to the form of submission. Liability to the insured for coverage
is satisfied to the extent that payments for those benefits are
made by the insurer health carrier to the provider
or the commissioner as required by this section.
(d) When a state agency has acquired the rights of an individual eligible for medical programs named in this section and has health benefits coverage through a health carrier, the health carrier shall not impose requirements that are different from requirements applicable to an agent or assignee of any other individual covered.
(e) For the purpose of this section, health plan includes coverage offered by integrated service networks, community integrated service networks, any plan governed under the federal Employee Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, sections 1001 to 1461, and coverage offered under the exclusions listed in section 62A.011, subdivision 3, clauses (2), (6), (9), (10), and (12).
Sec. 2. Minnesota Statutes 1994, section 62A.046, is amended to read:
62A.046 [COORDINATION OF BENEFITS.]
(1) Subdivision 1. [LIMITATION ON DENIAL OF
COVERAGE; PAYMENT.] No group contract providing coverage for
hospital and medical treatment or expenses issued or renewed
after August 1, 1984, which is responsible for secondary coverage
for services provided, may deny coverage or payment of the amount
it owes as a secondary payor solely on the basis of the failure
of another group contract, which is responsible for primary
coverage, to pay for those services.
(2) Subd. 2. [DEPENDENT COVERAGE.] A group
contract which provides coverage of a claimant as a dependent of
a parent who has legal responsibility for the dependent's medical
care pursuant to a court order under section 518.171 must make
payments directly to the provider of care, the custodial
parent, or the department of human services pursuant to section
62A.045. In such cases, liability to the insured is
satisfied to the extent of benefit payments made to the
provider under this section.
(3) Subd. 3. [APPLICATION.] This section applies
to an insurer, a vendor of risk management services regulated
under section 60A.23, a nonprofit health service plan corporation
regulated under chapter 62C and a health maintenance organization
regulated under chapter 62D. Nothing in this section shall
require a secondary payor to pay the obligations of the primary
payor nor shall it prevent the secondary payor from recovering
from the primary payor the amount of any obligation of the
primary payor that the secondary payor elects to pay.
(4) Subd. 4. [DEDUCTIBLE PROVISION.] Payments
made by an enrollee or by the commissioner on behalf of an
enrollee in the children's health plan under sections 256.9351 to
256.9361, or a person receiving benefits under chapter 256B or
256D, for services that are covered by the policy or plan of
health insurance shall, for purposes of the deductible, be
treated as if made by the insured.
(5) Subd. 5. [PAYMENT RECOVERY.] The
commissioner of human services shall recover payments made by the
children's health plan from the responsible insurer, for services
provided by the children's health plan and covered by the policy
or plan of health insurance.
(6) Subd. 6. [COORDINATION OF BENEFITS.]
Insurers, vendors of risk management services, nonprofit health
service plan corporations, fraternals, and health maintenance
organizations may coordinate benefits to prohibit greater than
100 percent coverage when an insured, subscriber, or enrollee is
covered by both an individual and a group
contract providing coverage for hospital and medical treatment or expenses. Benefits coordinated under this paragraph must provide for 100 percent coverage of an insured, subscriber, or enrollee. To the extent appropriate, all coordination of benefits provisions currently applicable by law or rule to insurers, vendors of risk management services, nonprofit health service plan corporations, fraternals, and health maintenance organizations, shall apply to coordination of benefits between individual and group contracts, except that the group contract shall always be the primary plan. This paragraph does not apply to specified accident, hospital indemnity, specified disease, or other limited benefit insurance policies.
Sec. 3. Minnesota Statutes 1994, section 62A.048, is amended to read:
62A.048 [DEPENDENT COVERAGE.]
(a) A policy of accident and sickness insurance
health plan that covers an employee who is a
Minnesota resident must, if it provides dependent coverage, allow
dependent children who do not reside with the covered
employee participant to be covered on the same basis
as if they reside with the covered employee
participant. Neither the amount of support provided by
the employee to the dependent child nor the residency of the
child may be used as an excluding or limiting factor for coverage
or payment for health care. Every health plan must
provide coverage in accordance with section 518.171 to dependents
covered by a qualified court or administrative order meeting the
requirements of section 518.171, and enrollment of a child cannot
be denied on the basis that the child was born out of wedlock,
the child is not claimed as a dependent on a parent's federal
income tax return, or the child does not reside with the parent
or in the health carrier's service area.
(b) For the purpose of this section, health plan includes coverage offered by integrated service networks, community integrated service networks coverage designed solely to provide dental or vision care, and any plan governed under the federal Employee Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, sections 1001 to 1461.
Sec. 4. Minnesota Statutes 1994, section 62A.27, is amended to read:
62A.27 [COVERAGE FOR ADOPTED CHILDREN.]
An individual or group policy or plan of health and accident
insurance regulated under this chapter or chapter 64B, subscriber
contract regulated under chapter 62C, or health maintenance
contract regulated under chapter 62D, (a) A health
plan that provides coverage to a Minnesota resident must
cover adopted children of the insured, subscriber,
participant, or enrollee on the same basis as other
dependents. Consequently, the policy or plan shall not
contain any provision concerning preexisting condition
limitations, insurability, eligibility, or health underwriting
approval concerning adopted children placed for
adoption with the participant.
(b) The coverage required by this section is effective
from the date of placement for the purpose of adoption
and continues unless the placement is disrupted prior to legal
adoption and the child is removed from placement. For
purposes of this section, placement for adoption means the
assumption and retention by a person of a legal obligation for
total or partial support of a child in anticipation of adoption
of the child. The child's placement with a person terminates upon
the termination of the legal obligation for total or partial
support.
(c) For the purpose of this section, health plan includes coverage offered by integrated service networks, community integrated service networks coverage that is designed solely to provide dental or vision care, and any plan under the federal Employee Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, sections 1001 to 1461.
Sec. 5. Minnesota Statutes 1994, section 256.74, is amended by adding a subdivision to read:
Subd. 6. [GOOD CAUSE CLAIMS.] All applications for good cause exemption from cooperation with child support enforcement shall be reviewed by designees of the county human services board to ensure the validity of good cause determinations.
Sec. 6. Minnesota Statutes 1994, section 256.76, subdivision 1, is amended to read:
Subdivision 1. Upon the completion of the investigation the county agency shall decide whether the child is eligible for assistance under the provisions of sections 256.72 to 256.87 and determine the amount of the assistance and the date on which the assistance begins. A decision on an application for assistance must be made as promptly as possible and no more than 30 days from the date of application. Notwithstanding section 393.07, the county agency
shall not delay approval or issuance of assistance pending formal
action of the county board of commissioners. The first month's
grant shall be based upon that portion of the month from the date
of application, or from the date that the applicant meets all
eligibility factors, whichever occurs later, provided that on the
date that assistance is first requested, the county agency shall
inquire and determine whether the person requesting assistance is
in immediate need of food, shelter, clothing, or other emergency
assistance. If an emergency need is found to exist, the
applicant shall be granted assistance pursuant to section 256.871
within a reasonable period of time. It shall make a grant of
assistance which shall be binding upon the county and be complied
with by the county until the grant is modified or vacated. The
county agency shall notify the applicant of its decision in
writing. The assistance shall be paid monthly to the applicant
or to the vendor of medical care upon order of the county agency
from funds appropriated to the county agency for this purpose.
The county agency shall, upon the granting of assistance under
these sections, file an order on the form to be approved by the
state agency with the auditor of the county. After the order is
filed, warrants shall be drawn and payments made only in
accordance with this order to or for recipients of this
assistance or in accordance with any subsequent order.
Sec. 7. Minnesota Statutes 1994, section 257.55, subdivision 1, is amended to read:
Subdivision 1. [PRESUMPTION.] A man is presumed to be the biological father of a child if:
(a) He and the child's biological mother are or have been married to each other and the child is born during the marriage, or within 280 days after the marriage is terminated by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of legal separation is entered by a court;
(b) Before the child's birth, he and the child's biological mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid, and,
(1) if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 280 days after its termination by death, annulment, declaration of invalidity, dissolution or divorce; or
(2) if the attempted marriage is invalid without a court order, the child is born within 280 days after the termination of cohabitation;
(c) After the child's birth, he and the child's biological mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid, and,
(1) he has acknowledged his paternity of the child in writing filed with the state registrar of vital statistics;
(2) with his consent, he is named as the child's father on the child's birth certificate; or
(3) he is obligated to support the child under a written voluntary promise or by court order;
(d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his biological child;
(e) He and the child's biological mother acknowledge his paternity of the child in a writing signed by both of them under section 257.34 and filed with the state registrar of vital statistics. If another man is presumed under this paragraph to be the child's father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption has been rebutted;
(f) Evidence of statistical probability of paternity based on blood or genetic testing establishes the likelihood that he is the father of the child, calculated with a prior probability of no more than 0.5 (50 percent), is 99 percent or greater;
(g) He and the child's biological mother have executed a recognition of parentage in accordance with section 257.75 and another man is presumed to be the father under this subdivision; or
(h) He and the child's biological mother have executed a recognition of parentage in accordance with section 257.75 and another man and the child's mother have executed a recognition of parentage in accordance with section 257.75.
Sec. 8. Minnesota Statutes 1994, section 257.57, subdivision 2, is amended to read:
Subd. 2. The child, the mother, or personal representative of the child, the public authority chargeable by law with the support of the child, the personal representative or a parent of the mother if the mother has died or is a minor, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor may bring an action:
(1) at any time for the purpose of declaring the existence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or the nonexistence of the father and child relationship presumed under clause (d) of that subdivision;
(2) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is brought within three years after the date of the execution of the declaration or recognition of parentage; or
(3) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (f), only if the action is brought within three years after the party bringing the action, or the party's attorney of record, has been provided the blood or genetic test results.
Sec. 9. Minnesota Statutes 1994, section 257.62, subdivision 1, is amended to read:
Subdivision 1. [BLOOD OR GENETIC TESTS REQUIRED.] The court may, and upon request of a party shall, require the child, mother, or alleged father to submit to blood or genetic tests. A copy of the test results must be served on the parties as provided in section 543.20. Any objection to the results of blood or genetic tests must be made in writing no later than 15 days prior to a hearing at which time those test results may be introduced into evidence. Test results served upon a party must include notice of this right to object. If the alleged father is dead, the court may, and upon request of a party shall, require the decedent's parents or brothers and sisters or both to submit to blood or genetic tests. However, in a case involving these relatives of an alleged father, who is deceased, the court may refuse to order blood or genetic tests if the court makes an express finding that submitting to the tests presents a danger to the health of one or more of these relatives that outweighs the child's interest in having the tests performed. Unless the person gives consent to the use, the results of any blood or genetic tests of the decedent's parents, brothers, or sisters may be used only to establish the right of the child to public assistance including but not limited to social security and veterans' benefits. The tests shall be performed by a qualified expert appointed by the court.
Sec. 10. Minnesota Statutes 1994, section 257.62, subdivision 5, is amended to read:
Subd. 5. [POSITIVE TEST RESULTS.] (a) If the results of blood or genetic tests completed in a laboratory accredited by the American Association of Blood Banks indicate that the likelihood of the alleged father's paternity, calculated with a prior probability of no more than 0.5 (50 percent), is 92 percent or greater, upon motion the court shall order the alleged father to pay temporary child support determined according to chapter 518. The alleged father shall pay the support money into court pursuant to the rules of civil procedure to await the results of the paternity proceedings.
(b) If the results of blood or genetic tests completed in a laboratory accredited by the American Association of Blood Banks indicate that likelihood of the alleged father's paternity, calculated with a prior probability of no more than 0.5 (50 percent), is 99 percent or greater, the alleged father is presumed to be the parent and the party opposing the establishment of the alleged father's paternity has the burden of proving by clear and convincing evidence that the alleged father is not the father of the child.
Sec. 11. Minnesota Statutes 1994, section 257.62, subdivision 6, is amended to read:
Subd. 6. [TESTS, EVIDENCE ADMISSIBLE.] In any hearing brought
under subdivision 5, a certified report of the facts and results
of a laboratory analysis or examination of blood or genetic
tests, that is performed in a laboratory accredited to meet the
Standards for Parentage Testing of the American Association of
Blood Banks and is prepared and attested by a qualified expert
appointed by the court, shall be admissible in evidence without
proof of the seal, signature, or official character of the person
whose name is signed to it, unless a demand is made by a party
in a motion or responsive motion made within the time limit for
making and filing a responsive motion that the matter be heard on
oral testimony before the court. If no objection is made,
the blood or genetic test results are admissible as evidence
without the need for foundation testimony or other proof of
authenticity or accuracy.
Sec. 12. Minnesota Statutes 1994, section 257.64, subdivision 3, is amended to read:
Subd. 3. If a party refuses to accept a recommendation made
under subdivision 1 and blood or genetic tests have not
been taken, the court shall require the parties to submit to
blood or genetic tests, if practicable. Any
objection to blood or genetic testing results must be made in
writing no later than 15 days before any hearing at which time
the results may be introduced into evidence. Test results served
upon a party must include a notice of this right to object.
Thereafter the court shall make an appropriate final
recommendation. If a party refuses to accept the final
recommendation the action shall be set for trial.
Sec. 13. Minnesota Statutes 1994, section 257.69, subdivision 1, is amended to read:
Subdivision 1. [REPRESENTATION BY COUNSEL.] In all proceedings
under sections 257.51 to 257.74, any party may be represented by
counsel. If the public authority charged by law with support
of a child is a party, The county attorney shall represent
the public authority. If the child receives public assistance
and no conflict of interest exists, the county attorney shall
also represent the custodial parent. If a conflict of interest
exists, the court shall appoint counsel for the custodial parent
at no cost to the parent. If the child does not receive public
assistance, the county attorney may represent the custodial
parent at the parent's request. The court shall appoint
counsel for a party who is unable to pay timely for counsel in
proceedings under sections 257.51 to 257.74.
Sec. 14. Minnesota Statutes 1994, section 257.69, subdivision 2, is amended to read:
Subd. 2. [GUARDIAN; LEGAL FEES.] The court may order expert witness and guardian ad litem fees and other costs of the trial and pretrial proceedings, including appropriate tests, to be paid by the parties in proportions and at times determined by the court. The court shall require a party to pay part of the fees of court-appointed counsel according to the party's ability to pay, but if counsel has been appointed the appropriate agency shall pay the party's proportion of all other fees and costs. The agency responsible for child support enforcement shall pay the fees and costs for blood or genetic tests in a proceeding in which it is a party, is the real party in interest, or is acting on behalf of the child. However, at the close of a proceeding in which paternity has been established under sections 257.51 to 257.74, the court shall order the adjudicated father to reimburse the public agency, if the court finds he has sufficient resources to pay the costs of the blood or genetic tests. When a party bringing an action is represented by the county attorney, no filing fee shall be paid to the court administrator.
Sec. 15. Minnesota Statutes 1994, section 518.171, subdivision 1, is amended to read:
Subdivision 1. [ORDER.] Compliance with this section constitutes compliance with a qualified medical child support order as described in the federal Employee Retirement Income Security Act of 1974 (ERISA) as amended by the federal Omnibus Budget Reconciliation Act of 1993 (OBRA).
(a) Every child support order must:
(1) expressly assign or reserve the responsibility for maintaining medical insurance for the minor children and the division of uninsured medical and dental costs; and
(2) contain the names and last known addresses, if any, of the dependents unless the court prohibits the inclusion of an address and orders the custodial parent to provide the address to the administrator of the health plan. The court shall order the party with the better group dependent health and dental insurance coverage or health insurance plan to name the minor child as beneficiary on any health and dental insurance plan that is available to the party on:
(i) a group basis;
(ii) through an employer or union; or
(iii) through a group health plan governed under the ERISA and included within the definitions relating to health plans found in section 62A.011, 62A.048, or 62E.06, subdivision 2.
"Health insurance" or "health insurance coverage" as used in this section means coverage that is comparable to or better than a number two qualified plan as defined in section 62E.06, subdivision 2. "Health insurance" or "health insurance coverage" as used in this section does not include medical assistance provided under chapter 256, 256B, or 256D.
(b) If the court finds that dependent health or dental insurance is not available to the obligor or obligee on a group basis or through an employer or union, or that group insurance is not accessible to the obligee, the court may require the obligor (1) to obtain other dependent health or dental insurance, (2) to be liable for reasonable and necessary medical or dental expenses of the child, or (3) to pay no less than $50 per month to be applied to the medical and dental expenses of the children or to the cost of health insurance dependent coverage.
(c) If the court finds that the available dependent health or dental insurance does not pay all the reasonable and necessary medical or dental expenses of the child, including any existing or anticipated extraordinary medical expenses, and the court finds that the obligor has the financial ability to contribute to the payment of these medical or dental expenses, the court shall require the obligor to be liable for all or a portion of the medical or dental expenses of the child not covered by the required health or dental plan. Medical and dental expenses include, but are not limited to, necessary orthodontia and eye care, including prescription lenses.
(d) Unless otherwise agreed by the parties and approved by the court, if the court finds that the obligee is not receiving public assistance for the child and has the financial ability to contribute to the cost of medical and dental expenses for the child, including the cost of insurance, the court shall order the obligee and obligor to each assume a portion of these expenses based on their proportionate share of their total net income as defined in section 518.54, subdivision 6.
(e) Payments ordered under this section are subject to section 518.611. An obligee who fails to apply payments received to the medical expenses of the dependents may be found in contempt of this order.
Sec. 16. Minnesota Statutes 1994, section 518.171, subdivision 3, is amended to read:
Subd. 3. [IMPLEMENTATION.] A copy of the court order for insurance coverage shall be forwarded to the obligor's employer or union and to the health or dental insurance carrier or employer by the obligee or the public authority responsible for support enforcement only when ordered by the court or when the following conditions are met:
(1) the obligor fails to provide written proof to the obligee
or the public authority, within 30 days of the effective date of
the court order, that the insurance has been obtained or that
application for insurability has been made;
(2) the obligee or the public authority serves written notice of its intent to enforce medical support on the obligor by mail at the obligor's last known post office address; and
(3) the obligor fails within 15 days after the mailing of the notice to provide written proof to the obligee or the public authority that the insurance coverage existed as of the date of mailing.
The employer or union shall forward a copy of the order to the health and dental insurance plan offered by the employer.
Sec. 17. Minnesota Statutes 1994, section 518.171, subdivision 4, is amended to read:
Subd. 4. [EFFECT OF ORDER.] (a) The order is binding on the
employer or union and the health and dental insurance plan when
service under subdivision 3 has been made. An employer or
union that is included under ERISA may not deny enrollment based
on exclusionary clauses described in section 62A.048. Upon
receipt of the order, or upon application of the obligor pursuant
to the order, the employer or union and its health and dental
insurance plan shall enroll the minor child as a beneficiary in
the group insurance plan and withhold any required premium from
the obligor's income or wages. If more than one plan is offered
by the employer or union, the child shall be enrolled in the
insurance plan in which the obligor is enrolled or the least
costly health insurance plan otherwise available to the
obligor that is comparable to a number two qualified plan. If
the obligor is not enrolled in a health insurance plan, the
employer or union shall also enroll the obligor in the chosen
plan if enrollment of the obligor is necessary in order to obtain
dependent coverage under the plan. Enrollment of dependents and
the obligor shall be immediate and not dependent upon open
enrollment periods. Enrollment is not subject to the
underwriting policies described in section 62A.048.
(b) An employer or union that willfully fails to comply with the order is liable for any health or dental expenses incurred by the dependents during the period of time the dependents were eligible to be enrolled in the insurance program, and for any other premium costs incurred because the employer or union willfully failed to comply with the order. An employer or union that fails to comply with the order is subject to contempt under section 518.615 and is also subject to a fine of $500 to be paid to the obligee or public authority. Fines paid to the public authority are designated for child support enforcement services.
(c) Failure of the obligor to execute any documents necessary
to enroll the dependent in the group health and dental insurance
plan will not affect the obligation of the employer or union and
group health and dental insurance plan to enroll the dependent in
a plan for which other eligibility requirements are met.
Information and authorization provided by the public authority
responsible for child support enforcement, or by the custodial
parent or guardian, is valid for the purposes of meeting
enrollment requirements of the health plan. The insurance
coverage for a child eligible under subdivision 5 shall not be
terminated except as authorized in subdivision 5.
Sec. 18. Minnesota Statutes 1994, section 518.171, subdivision 5, is amended to read:
Subd. 5. [ELIGIBLE CHILD.] A minor child that an obligor is required to cover as a beneficiary pursuant to this section is eligible for insurance coverage as a dependent of the obligor until the child is emancipated or until further order of the court. The health or dental insurance carrier or employer may not disenroll or eliminate coverage of the child unless the health or dental insurance carrier or employer is provided satisfactory written evidence that the court order is no longer in effect, or the child is or will be enrolled in comparable health coverage through another health or dental insurance plan that will take effect no later than the effective date of the disenrollment, or the employer has eliminated family health and dental coverage for all of its employees, or that the required premium has not been paid by or on behalf of the child. If disenrollment or elimination of coverage of a child under this subdivision is based upon nonpayment of premium, the health or dental insurance plan must provide ten days written notice to the child's nonobligor parent prior to the disenrollment or elimination of coverage.
Sec. 19. Minnesota Statutes 1994, section 518.171, subdivision 7, is amended to read:
Subd. 7. [RELEASE OF INFORMATION.] When an order for dependent
insurance coverage is in effect, the obligor's employer, union,
or insurance agent shall release to the obligee or the public
authority, upon request, information on the dependent coverage,
including the name of the insurer health or dental
insurance carrier or employer. The employer, union, or
health or dental insurance plan shall provide the obligee with
insurance identification cards and all necessary written
information to enable the obligee to utilize the insurance
benefits for the covered dependents. Notwithstanding any
other law, information reported pursuant to section 268.121 shall
be released to the public agency responsible for support
enforcement that is enforcing an order for medical
health or dental insurance coverage under this section.
The public agency responsible for support enforcement is
authorized to release to the obligor's insurer health
or dental insurance carrier or employer or employer
information necessary to obtain or enforce medical support.
Sec. 20. Minnesota Statutes 1994, section 518.171, subdivision 8, is amended to read:
Subd. 8. [OBLIGOR LIABILITY.] (a) An obligor who fails to maintain medical or dental insurance for the benefit of the children as ordered or fails to provide other medical support as ordered is liable to the obligee for any medical or dental expenses incurred from the effective date of the court order, including health and dental insurance premiums paid by the obligee because of the obligor's failure to obtain coverage as ordered. Proof of failure to maintain insurance or noncompliance with an order to provide other medical support constitutes a showing of increased need by the obligee pursuant to section 518.64 and provides a basis for a modification of the obligor's child support order.
(b) Payments for services rendered to the dependents that are
directed to the obligor, in the form of reimbursement by the
insurer health or dental insurance carrier or
employer, must be endorsed over to and forwarded to the
vendor or custodial parent or public authority when the
reimbursement is not owed to the obligor. An obligor retaining
insurance reimbursement not owed to the obligor may be found in
contempt of this order and held liable for the amount of the
reimbursement. Upon written verification by the insurer
health or dental insurance carrier or employer of the
amounts paid to the obligor, the reimbursement amount is subject
to all enforcement remedies available under subdivision 10,
including income withholding pursuant to section 518.611. The
monthly amount to be withheld until the obligation is satisfied
is 20 percent of the original debt or $50, whichever is
greater.
Sec. 21. Minnesota Statutes 1994, section 518.611, subdivision 2, is amended to read:
Subd. 2. [CONDITIONS OF INCOME WITHHOLDING.] (a) Withholding shall result when:
(1) the obligor requests it in writing to the public authority;
(2) the custodial parent requests it by making a motion to the court and the court finds that previous support has not been paid on a timely or consistent basis or that the obligor has threatened expressly or otherwise to stop or reduce payments; or
(3) the obligor fails to make the maintenance or support payments, and the following conditions are met:
(i) the obligor is at least 30 days in arrears;
(ii) the obligee or the public authority serves written notice of income withholding, showing arrearage, on the obligor at least 15 days before service of the notice of income withholding and a copy of the court's order on the payor of funds;
(iii) within the 15-day period, the obligor fails to move the court to deny withholding on the grounds that an arrearage of at least 30 days does not exist as of the date of the notice of income withholding, or on other grounds limited to mistakes of fact, and, ex parte, to stay service on the payor of funds until the motion to deny withholding is heard;
(iv) the obligee or the public authority serves a copy of the notice of income withholding, a copy of the court's order or notice of order, and the provisions of this section on the payor of funds; and
(v) the obligee serves on the public authority a copy of the notice of income withholding, a copy of the court's order, an application, and the fee to use the public authority's collection services.
For those persons not applying for the public authority's IV-D services, a monthly service fee of $15 must be charged to the obligor in addition to the amount of child support ordered by the court and withheld through automatic income withholding, or for persons applying for the public authority's IV-D services, the service fee under section 518.551, subdivision 7, applies. The county agency shall explain to affected persons the services available and encourage the applicant to apply for IV-D services.
(b) To pay the arrearage specified in the notice of income withholding, the employer or payor of funds shall withhold from the obligor's income an additional amount equal to 20 percent of the monthly child support or maintenance obligation until the arrearage is paid.
(c) The obligor may move the court, under section 518.64, to modify the order respecting the amount of maintenance or support.
(d) Every order for support or maintenance shall provide for a conspicuous notice of the provisions of this subdivision that complies with section 518.68, subdivision 2. An order without this notice remains subject to this subdivision.
(e) Absent a court order to the contrary, if an arrearage exists at the time an order for ongoing support or maintenance would otherwise terminate, income withholding shall continue in effect in an amount equal to the former support or maintenance obligation plus an additional amount equal to 20 percent of the monthly child support obligation, until all arrears have been paid in full.
Sec. 22. Minnesota Statutes 1994, section 518.611, subdivision 4, is amended to read:
Subd. 4. [EFFECT OF ORDER.] (a) Notwithstanding any law to the contrary, the order is binding on the employer, trustee, payor of the funds, or financial institution when service under subdivision 2 has been made. Withholding must begin no later than the first pay period that occurs after 14 days following the date of the notice. In the case of a financial institution, preauthorized transfers must occur in accordance with a court-ordered payment schedule. An employer, payor of funds, or financial institution in this state is required to withhold income according to court orders for withholding issued by other states or territories. The payor shall withhold from the income payable to the obligor the amount specified in the order and amounts required under subdivision 2 and section 518.613 and shall remit, within ten days of the date the obligor is paid the remainder of the income, the amounts withheld to the public authority. The payor shall identify on the remittance information the date the obligor is paid the remainder of the income. The obligor is considered to have paid the amount withheld as of the date the obligor received the remainder of the income. The financial institution shall execute preauthorized transfers from the deposit accounts of the obligor in the amount specified in the order and amounts required under subdivision 2 as directed by the public authority responsible for child support enforcement.
(b) Employers may combine all amounts withheld from one pay period into one payment to each public authority, but shall separately identify each obligor making payment. Amounts received by the public authority which are in excess of public assistance expended for the party or for a child shall be remitted to the party.
(c) An employer shall not discharge, or refuse to hire, or otherwise discipline an employee as a result of a wage or salary withholding authorized by this section. The employer or other payor of funds shall be liable to the obligee for any amounts required to be withheld. A financial institution is liable to the obligee if funds in any of the obligor's
deposit accounts identified in the court order equal the amount stated in the preauthorization agreement but are not transferred by the financial institution in accordance with the agreement. An employer or other payor of funds that fails to withhold or transfer funds in accordance with this section is also liable to the obligee for interest on the funds at the rate applicable to judgments under section 549.09, computed from the date the funds were required to be withheld or transferred. An employer or other payor of funds is liable for reasonable attorney fees of the obligee or public authority incurred in enforcing the liability under this paragraph. An employer or other payor of funds that has failed to comply with the requirements of this section is subject to contempt sanctions under section 518.615. If an employer violates this subdivision, a court may award the employee twice the wages lost as a result of this violation. If a court finds the employer violates this subdivision, the court shall impose a civil fine of not less than $500.
Sec. 23. Minnesota Statutes 1994, section 518.613, subdivision 7, is amended to read:
Subd. 7. [WAIVER.] (a) The court may waive the requirements of
this section if the court finds that there is no arrearage in
child support or maintenance as of the date of the hearing,
that it would not be contrary to the best interests of the
child, and: (1) one party demonstrates and the court finds
that there is good cause to waive the requirements of this
section or to terminate automatic income withholding on an order
previously entered under this section; or (2) all parties reach a
written agreement that provides for an alternative payment
arrangement and the agreement is approved by the court after a
finding that the agreement is likely to result in regular and
timely payments. The court's findings waiving the
requirements of this section must include a written explanation
of the reasons why automatic withholding would not be in the best
interests of the child and, in a case that involves modification
of support, that past support has been timely made. If the
court waives the requirements of this section:
(1) in all cases where the obligor is at least 30 days in arrears, withholding must be carried out pursuant to section 518.611;
(2) the obligee may at any time and without cause request the court to issue an order for automatic income withholding under this section; and
(3) the obligor may at any time request the public authority to begin withholding pursuant to this section, by serving upon the public authority the request and a copy of the order for child support or maintenance. Upon receipt of the request, the public authority shall serve a copy of the court's order and the provisions of section 518.611 and this section on the obligor's employer or other payor of funds. The public authority shall notify the court that withholding has begun at the request of the obligor pursuant to this clause.
(b) For purposes of this subdivision, "parties" includes the public authority in cases when it is a party pursuant to section 518.551, subdivision 9.
Sec. 24. Minnesota Statutes 1994, section 518.615, subdivision 3, is amended to read:
Subd. 3. [LIABILITY.] The employer, trustee, or payor of funds is liable to the obligee or the agency responsible for child support enforcement for any amounts required to be withheld that were not paid. The court may enter judgment against the employer, trustee, or payor of funds for support not withheld or remitted. An employer, trustee, or payor of funds found guilty of contempt shall be punished by a fine of not more than $250 as provided in chapter 588. The court may also impose other contempt sanctions authorized under chapter 588.
Sec. 25. [EFFECTIVE DATE.]
Subdivision 1. Sections 14 to 19 (257.69, subdivision 2; 518.171, subdivisions 1, 3, 4, 5, and 7) are effective retroactive to August 10, 1993."
Delete the title and insert:
"A bill for an act relating to human services; providing for finance and management; changing program provisions in life skills and self-sufficiency; changing provisions for children's programs; changing provisions related to medical assistance, general assistance medical care, personal care attendants, and TEFRA; changing provisions for long-term care; changing provisions for community mental health and health services; appropriating money; amending Minnesota Statutes 1994, sections 16B.08, subdivision 5; 62A.045; 62A.046; 62A.048; 62A.27; 62N.381, subdivisions 2, 3, and 4; 144.0721, by adding subdivisions; 144.0723, subdivisions 1, 2, 3, 4, and 6; 144.122; 144.226, subdivision 1; 144.562, subdivisions 2 and 4; 144.801, subdivisions 3 and 5; 144.802; 144.803; 144.804; 144.806; 144.807; 144.808; 144.809;
144.8091; 144.8093; 144.8095; 144A.071, subdivisions 2, 3, 4a, and by adding a subdivision; 144A.073, subdivisions 1, 2, 3, 4, 5, 8, and by adding a subdivision; 144A.33, subdivision 3; 144B.01, subdivision 5; 144C.01, subdivision 2; 144C.05, subdivision 1; 144C.07; 144C.08; 144C.09, subdivision 2; 144C.10; 145A.15; 147.01, subdivision 6; 157.03; 171.07, by adding a subdivision; 245.041; 245.4871, subdivisions 12, 33a, and by adding a subdivision; 245.4873, subdivision 6; 245.4874; 245.4875, subdivision 2, and by adding a subdivision; 245.4878; 245.4882, subdivision 5; 245.4885, subdivision 2; 245.4886, by adding a subdivision; 245.492, subdivisions 2, 6, 9, and 23; 245.493, subdivision 2; 245.4932, subdivisions 1, 2, 3, and 4; 245.494, subdivisions 1 and 3; 245.495; 245.496, subdivision 3, and by adding a subdivision; 245A.03, subdivision 2a; 245A.04, subdivisions 3, 3b, 7, and 9; 245A.06, subdivisions 2, 4, and by adding a subdivision; 245A.07, subdivision 3; 245A.14, subdivisions 6 and 7; 246.18, subdivision 4, and by adding a subdivision; 246.56, by adding a subdivision; 252.27, subdivisions 1, 1a, 2a, and by adding subdivisions; 252.275, subdivisions 3, 4, and 8; 252.292, subdivision 4; 252.46, subdivisions 1, 3, 6, 17, and by adding subdivisions; 253B.091; 254A.17, subdivision 3; 254B.02, subdivision 1; 254B.05, subdivisions 1 and 4; 256.014, subdivision 1; 256.015, subdivisions 1, 2, and 7; 256.025, subdivisions 1 and 3; 256.026; 256.034, subdivision 1; 256.045, subdivisions 3, 4, and 5; 256.12, subdivision 14; 256.73, subdivisions 2 and 3a; 256.736, subdivisions 3 and 13; 256.74, subdivision 1, and by adding a subdivision; 256.76, subdivision 1; 256.8711; 256.9353, subdivision 8; 256.9365; 256.9685, subdivision 1b, and by adding subdivisions; 256.969, subdivisions 1, 9, 10, 16, and by adding subdivisions; 256.983, subdivision 4, and by adding a subdivision; 256B.042, subdivision 2; 256B.055, subdivision 12; 256B.056, subdivision 4, and by adding a subdivision; 256B.0575; 256B.059, subdivisions 1, 3, and 5; 256B.0595, subdivisions 1, 2, 3, and 4; 256B.06, subdivision 4; 256B.0625, subdivisions 5, 8, 8a, 13, 13a, 18, 19a, 25, 37, and by adding subdivisions; 256B.0627, subdivisions 1, 2, 4, and 5; 256B.0628, subdivision 2, and by adding a subdivision; 256B.0641, subdivision 1; 256B.0911, subdivisions 2, 2a, 3, 4, and 7; 256B.0913, subdivisions 4, 5, 8, 12, 14, and by adding a subdivision; 256B.0915, subdivisions 2, 3, 5, and by adding a subdivision; 256B.092, subdivision 4, and by adding a subdivision; 256B.093, subdivisions 1, 2, 3, and by adding a subdivision; 256B.15, subdivisions 1a, 2, and by adding a subdivision; 256B.19, subdivision 1c; 256B.431, subdivisions 2b, 2j, 15, 17, and by adding a subdivision; 256B.432, subdivisions 1, 2, 3, 5, and 6; 256B.49, subdivision 1; 256B.501, subdivisions 1, 3, 3c, 3g, 8, and by adding subdivisions; 256B.69, subdivisions 4, 5, 6, 9, and by adding subdivisions; 256D.02, subdivision 5; 256D.03, subdivisions 3, 3b, and 4; 256D.05, subdivision 7; 256D.36, subdivision 1; 256D.385; 256D.405, subdivision 3; 256D.425, subdivision 1, and by adding a subdivision; 256D.435, subdivisions 1, 3, 4, 5, 6, and by adding a subdivision; 256D.44, subdivisions 1, 2, 3, 4, 5, and 6; 256D.45, subdivision 1; 256D.46, subdivisions 1 and 2; 256D.48, subdivision 1; 256E.08, subdivision 8; 256E.115; 256F.01; 256F.02; 256F.03, subdivision 5, and by adding a subdivision; 256F.04, subdivisions 1 and 2; 256F.05, subdivisions 2, 3, 4, 5, 7, 8, and by adding a subdivision; 256F.06, subdivisions 1, 2, and 4; 256F.09; 256H.01, subdivisions 9 and 12; 256H.02; 256H.03, subdivisions 1, 2a, 4, 6, and by adding a subdivision; 256H.05, subdivision 6; 256H.08; 256H.11, subdivision 1; 256H.12, subdivision 1, and by adding a subdivision; 256H.15, subdivision 1; 256H.18; 256H.20, subdivision 3a; 256I.03, subdivision 5, and by adding a subdivision; 256I.04; 256I.05, subdivisions 1, 1a, and 5; 256I.06, subdivisions 2 and 6; 257.3571, subdivision 1; 257.3572; 257.3577, subdivision 1; 257.55, subdivision 1; 257.57, subdivision 2; 257.62, subdivisions 1, 5, and 6; 257.64, subdivision 3; 257.69, subdivisions 1 and 2; 393.07, subdivision 10; 447.32, subdivision 5; 518.171, subdivisions 1, 3, 4, 5, 7, and 8; 518.611, subdivisions 2 and 4; 518.613, subdivision 7; 518.615, subdivision 3; 524.6-207; 550.37, subdivision 14; Laws 1993, First Special Session chapter 1, article 8, section 30, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 144; 145; 157; 245; 245A; 252; 256; and 256B; proposing coding for new law as Minnesota Statutes, chapters 144D; and 144E; repealing Minnesota Statutes 1994, sections 38.161; 38.162; 62C.141; 62C.143; 62D.106; 62E.04, subdivisions 9 and 10; 144.0723, subdivision 5; 144.8097; 144A.073, subdivision 3a; 157.01; 157.02; 157.031; 157.04; 157.045; 157.05; 157.08; 157.12; 157.13; 157.14; 252.27, subdivision 2c; 252.275, subdivisions 4a and 10; 252.47; 256.851; 256.969, subdivision 24; 256B.501, subdivisions 3d, 3e, and 3f; 256D.35, subdivisions 14 and 19; 256D.36, subdivision 1a; 256D.37; 256D.425, subdivision 3; 256D.435, subdivisions 2, 7, 8, 9, and 10; 256D.44, subdivision 7; 256F.05, subdivisions 2a and 4a; 256F.06, subdivision 3; and 256H.03, subdivisions 2 and 5."
With the recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
S. F. No. 1678, A bill for an act relating to the organization and operation of state government; appropriating money for the general legislative and administrative expenses of state government; providing for the transfer of certain money in the state treasury; fixing and limiting the amount of fees, penalties, and other costs to be collected in certain cases; amending Minnesota Statutes 1994, sections 3.9741, subdivision 2; 5.14; 15.50, subdivision 2; 15.91, subdivision 2; 16B.39, by adding a subdivision; 16B.42, subdivision 3; 16B.88, subdivisions 1, 2, 3, and 4; 126A.01; 126A.02; 126A.04; 197.05; 240A.08; 309.501, by adding a subdivision; and 349A.08, subdivision 5; Laws 1993, chapter 224, article 12, section 33; proposing coding for new law in Minnesota Statutes, chapters 16B; and 43A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another fund named, to the agencies and for the purposes specified in this act, to be available for the fiscal years indicated for each purpose. The figures "1995," "1996," and "1997," where used in this act, mean that the appropriation or appropriations listed under them are available for the year ending June 30, 1995, June 30, 1996, or June 30, 1997, respectively.
BIENNIAL
1995 1996 1997 TOTAL
General $836,000 $ 255,865,000 $ 256,167,000$ 512,032,000
Environmental 208,000 208,000 416,000
Landfill Cleanup 75,000 75,000 150,000
Highway User 1,682,000 1,687,000 3,369,000
Trunk Highway 32,000 32,000 64,000
State Government
Special Revenue 8,365,000 8,367,00016,732,000
Workers' Compensation 4,046,000 3,926,000 7,972,000
Local Government Trust 431,000 -0- 431,000
TOTAL $ 270,704,000 $ 270,462,000$ 541,166,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. LEGISLATURE
Subdivision 1. Total Appropriation $47,760,000 $50,838,000
General47,728,000 50,806,000
Trunk Highway32,000 32,000
The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.
Subd. 2. Senate 15,472,000 16,163,000
Subd. 3. House of Representatives 20,833,000 22,943,000
Subd. 4. Legislative Coordinating Commission 6,988,000 7,351,000
(a) Legislative Reference Library
1996 1997
945,000 945,000
(b) Revisor of Statutes
4,302,000 4,673,000
(c) Legislative Commission on the Economic Status of Women
175,000 175,000
(d) Legislative Commission on Pensions and Retirement
514,000 514,000
(e) Legislative Commission on Waste Management
176,000 176,000
(f) Mississippi River Parkway Commission
32,000 32,000
This appropriation is from the trunk highway fund.
(g) Legislative Coordinating Commission - Fiscal Agent
66,000 68,000
$66,000 the first year and $68,000 the second year are reserved for unanticipated costs of agencies in this subdivision and subdivision 5. The legislative coordinating commission may transfer necessary amounts from this appropriation to the appropriations of the agencies concerned, and the amounts transferred are appropriated to those agencies to be spent by them. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
(h) Legislative Coordinating Commission - General Support
810,000 800,000
The legislative coordinating commission shall perform any remaining statutory functions formerly performed by the following commissions: legislative commission to review administrative rules, legislative commission on employee relations, legislative commission on planning and fiscal policy, legislative water commission, and legislative commission on children, youth, and families.
$30,000 for the biennium is for the legislative coordinating commission to contract for needed services to ensure that sign language interpreter services are available at all times during the legislative sessions.
$103,000 the first year and $107,000 the second year are for the state contribution to the National Conference of State Legislatures.
$91,000 the first year and $93,000 the second year are for the state contribution to the Council of State Governments.
$186,000 the first year and $190,000 the second year are for the subcommittee on geographic information systems.
$9,000 the first year and $9,000 the second year are for the regent candidate advisory council.
$12,000 the first year and $6,000 the second year are for the higher education board candidate advisory council.
By August 15 of each year, the legislative coordinating commission shall make available to the public expenditures from the legislative budget for consultant and professional and technical service contracts, as defined in Minnesota Statutes, section 16B.17.
Subd. 5. Legislative Audit Commission 4,435,000 4,349,000
The amounts that may be spent from this appropriation for each activity are as follows:
(a) Legislative Audit Commission
17,000 13,000
(b) Legislative Auditor
4,418,000 4,336,000
Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR3,472,0003,469,000
This appropriation is to fund the offices of the governor and lieutenant governor.
$19,000 the first year and $19,000 the second year are for necessary expenses in the normal performance of the governor's and lieutenant governor's duties for which no other reimbursement is provided.
$97,000 the first year and $97,000 the second year are for membership dues of the National Governors Association.
$20,000 the first year and $20,000 the second year are for the Council of Great Lakes Governors.
By August 15 of each year, the commissioner of finance shall report to the chairs of the jobs, energy, and community development finance division of the senate and the state government division of the governmental operations committee house of representatives those personnel costs incurred by the office of the governor and the lieutenant governor that were supported by appropriations to other agencies during the previous fiscal year. The office of the governor shall inform the chairs of the divisions before initiating any interagency agreements.
During the biennium any seminars or training sessions regarding federal issues for federal budgeting that are conducted by the Washington office shall be made available to legislators and legislative staff. The Washington office shall notify the majority leader and the minority leader of the senate and the speaker and the minority leader of the house of representatives regarding the timing of the seminars.
Sec. 4. STATE AUDITOR 7,136,000 7,144,000
$78,000 the first year and $78,000 the second year are for an account the auditor may bill for costs associated with conducting single audits of federal funds. During the biennium, this account may be used only when no other billing mechanism is feasible.
Sec. 5. STATE TREASURER 2,477,000 2,478,000
Sec. 6. ATTORNEY GENERAL
Subdivision 1. Total Appropriation 25,104,000 22,943,000
Summary by Fund
General23,285,000 21,122,000
State Government
Special Revenue1,628,0001,630,000
Landfill Cleanup75,000 75,000
Environmental116,000 116,000
The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.
Subd. 2. Government Services
4,358,000 4,371,000
Summary by Fund
General 2,730,000 2,741,000
State Government
Special Revenue1,628,0001,630,000
Subd. 3. Public and Human Resources
3,316,000 3,335,000
Summary by Fund
General 3,241,000 3,260,000
Landfill Cleanup75,000 75,000
Subd. 4. Law Enforcement
4,130,000 4,149,000
Summary by Fund
General 4,014,000 4,033,000
Environmental116,000 116,000
Subd. 5. Legal Policy and Administration
6,386,000 4,134,000
Subd. 6. Business Regulation
3,509,000 3,528,000
Subd. 7. Solicitor General
3,405,000 3,426,000
Sec. 7. BOARD OF GOVERNMENT INNOVATION AND
COOPERATION 952,000 927,000
Of this amount, $750,000 for fiscal year 1996 and $750,000 for fiscal year 1997 are for local government grants and combination incentives authorized in Minnesota Statutes, sections 465.798 to 465.801, 465.87, and 465.88.
Of this amount, $25,000 in the first year is for a study of mandates to local government and for a study of potential consolidation of counties.
This appropriation includes money for annual grants to the government training service.
Sec. 8. INVESTMENT BOARD 2,092,000 2,093,000
$40,000 each year is for local relief association account management.
Sec. 9. ADMINISTRATIVE HEARINGS 3,946,000 3,826,000
This appropriation is from the workers' compensation special compensation fund for considering workers' compensation claims.
$125,000 the first year is for a mapper board calendaring system.
$180,000 each year is for additional clerical support for workers' compensation judges.
$100,000 each year is for an internship program in which students at Minnesota law schools will serve as law clerks for judges in the workers' compensation division.
Sec. 10. OFFICE OF STRATEGIC AND LONG-RANGE PLANNING3,993,000 3,967,000
Sec. 11. ADMINISTRATION
Subdivision 1. Total Appropriation 25,832,000 25,829,000
Summary by Fund
General19,345,000 19,342,000
State Government
Special Revenue6,487,0006,487,000
Subd. 2. Operations Management
3,408,000 3,373,000
Subd. 3. Intertechnologies Group
Summary by Fund
General 1,253,000 1,253,000
State Government
Special Revenue6,425,0006,425,000
The appropriation from the state government special revenue fund each year of $6,425,000 is for recurring costs of 911 emergency telephone service.
Subd. 4. Facilities Management
5,786,000 5,780,000
$4,850,000 the first year and $4,882,000 the second year are for office space costs of the legislature and veterans organizations, for ceremonial space, and for statutorily free space.
The commissioner shall review the Uniform Code for Building Conservation, and report to the legislature by January 15, 1996, on legislation or rules needed to implement this code in a manner that is consistent with the state building code.
During the biennium ending June 30, 1997, the house of representatives rules committee shall contract for operation of the cafeteria in the State Office Building.
The committee on rules in the house of representatives shall convene a task force, not to exceed ten members, of legislators and employees in the State Office Building to solicit proposals and select a vendor for food and beverage services in the State Office Building.
The vendor selected shall commence operations upon completion of the current food and beverage service contract.
During the year ending June 30, 1996, the central motor pool shall not purchase any new vehicles and shall not sell any vehicles with less 100,000 miles. The house and senate governmental operations committees shall study and report to the legislature by January 15, 1996, on the desirability of leasing versus purchasing state vehicles, and on maintenance costs for vehicles under the current system.
$20,000 the first year is to clean, refit, and rehabilitate the statue of Leif Erikson on the grounds of the state capitol.
Notwithstanding any law to the contrary, if the facility is accessible to disabled people, the Prairie Lakes Juvenile Detention Center need not install an elevator.
Subd. 5. Administrative Management
Summary by Fund
General 2,149,000 2,154,000
State Government
Special Revenue62,000 62,000
$2,000 the first year and $2,000 the second year are for the state employees' band.
A biennial appropriation of $124,000 to the commissioner of administration shall be used for processing and oversight of grants and allocations in the oil overcharge program. This appropriation is from oil overcharge money, as defined in Minnesota Statutes, section 4.071, in the special revenue fund.
The targeted group purchasing study required by Minnesota Statutes, section 16B.19, subdivision 2b, need not be completed during the biennium ending June 30, 1997.
Subd. 6. Information Policy Office
1,334,000 1,334,000
$668,000 each year is for costs associated with the information strategies and planning activity of the information policy office. The intertechnologies revolving fund must pay for $668,000 each year for costs associated with the information strategies and planning activity of the information policy office.
The information policy office, with the advice of the attorney general, shall monitor all computer systems development projects conducted by state agencies to assure that full performance of contract requirements is achieved and that any remedies provided in such contracts for nonperformance or inadequate performance are fully pursued. The information policy office and the attorney general shall report to the legislature by January 15, 1996, on performance of contract requirements related to large systems such
as the statewide systems project, and Minnesota Medicaid Management Information System, and the information systems related to drivers' licenses.
Subd. 7. Management Analysis
565,000 566,000
Sec. 12. PUBLIC BROADCASTING
2,324,000 2,324,000
$1,050,000 the first year and $1,050,000 the second year are for matching grants for public television.
$600,000 the first year and $600,000 the second year are for public television equipment needs. Equipment grant allocations shall be made after considering the recommendations of the Minnesota public television association.
$300,000 the first year and $300,000 the second year are for operational grants to public educational radio stations, which must be allocated after considering the recommendations of the Association of Minnesota Public Educational Radio Stations under Minnesota Statutes, section 129D.14.
$344,000 the first year and $344,000 the second year are for equipment grants to public radio stations. These grants must be allocated after considering the recommendations of the Association of Minnesota Public Educational Radio Stations and Minnesota Public Radio, Inc.
If an appropriation for either year for grants to public television or radio stations is not sufficient, the appropriation for the other year is available for it.
Each public television station and public radio station or network must report to the commissioner of administration the salary of any employee whose annual salary exceeds the annual salary of the governor. For purposes of this paragraph, "salary" includes salary from any nonprofit or for-profit corporation that is affiliated with the public television station or public radio station or network. The commissioner of administration shall calculate for each station or network the sum, for all employees of the station or network, of salary in excess of the salary of the governor. Any public television station or public radio station or network that does not disclose salaries as required by this section shall not receive money under this section.
$30,000 each year is for a grant to the association of Minnesota public education radio stations for station KMOJ. This money may be used for equipment.
Sec. 13. INTERGOVERNMENTAL INFORMATION SYSTEMS
ADVISORY COUNCIL 186,000 187,000
The appropriation for a local government financial reporting system, pursuant to Laws 1994, chapter 587, article 3, section 3, clause (5), is available until expended.
The amounts must be subtracted from the amount that would otherwise be payable to local government aid under Minnesota Statutes, chapter 477A, in order to fund the intergovernmental information systems advisory council.
Sec. 14. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD 283,000 287,000
Preliminary planning and programming for a human development center in or near the capitol area of St. Paul may be done in collaboration with the city of St. Paul foundations including, but not limited to, the Minnesota Education Foundation, the private sector, and appropriate state departments including, but not limited to, health, education, and human services. The focus of the center will be on the development of the human person. The center is intended to serve as a research and demonstration center and will be the result of a partnership between the public and private sector. The board may report the results of its studies to the governor and legislature no later than December 15, 1996.
$25,000 each year is for use in planning and designing a Minnesota Korean war veterans memorial on the capitol grounds. This appropriation is available until expended.
Sec. 15. FINANCE
Subdivision 1. Total Appropriation 20,108,000 20,326,000
Summary by Fund
General20,003,000 20,326,000
Local Government
Trust 105,000 -0-
The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.
Subd. 2. Accounting Services
3,986,000 4,003,000
Subd. 3. Accounts Receivable Project
4,152,000 3,552,000
$600,000 the first year is for modification and enhancement of the accounts receivable system.
The commissioner of finance may transfer money, as deemed necessary, to other state agencies participating in the accounts receivable project.
Subd. 4. Budget Services
2,026,000 2,026,000
Summary by Fund
General 1,921,000 2,026,000
Local Government
Trust 105,000 -0-
The commissioner of finance shall direct state agencies to submit budgets for the fiscal year 1998-1999 biennium with no funding for inflationary increases, unless required in other laws.
The commissioner of finance shall direct state agencies to submit budgets for the fiscal year 1998-1999 biennium with no funding for inflationary increases, unless required in other laws.
Subd. 5. Economic Analysis
299,000 308,000
Subd. 6. Information Services
9,070,000 9,793,000
$300,000 is for public information television transmission of legislative activities. $150,000 may be disbursed in the fiscal year that ends June 30, 1996, and $150,000 in the fiscal year that ends June 30, 1997. At least one half must go for programming to be broadcast in rural Minnesota.
Subd. 7. Management Services
1,575,000 1,644,000
During the biennium ending June 30, 1997, to the extent feasible and cost-effective, any new jobs created in the debt collections entity must be located in a portion of greater Minnesota that had a population loss of five percent or more between the 1980 and 1990 census.
Subd. 8. General Reduction
If federal funding for programs is reduced or eliminated during the biennium ending June 30, 1997, the commissioner shall assure to the extent possible that the costs of reducing or terminating the programs supported by those funds are paid by federal funds.
The commissioner of finance must reduce appropriations for executive branch agency operations by $19,200,000 during the biennium ending June 30, 1997. At least $9,200,000 of this reduction must be from the general fund.
The commissioner of finance shall make reductions of $2,000,000 from programs funded in this section. The reductions may be made in either year of the biennium.
Sec. 16. EMPLOYEE RELATIONS
Subdivision 1. Total Appropriation 8,162,000 8,222,000
The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.
Subd. 2. Human Resources Management
7,054,000 7,064,000
$500,000 each year is for a one-time redesign of the state's human resources programs, processes and policies, including, but not limited to, improving the employee performance management process, recruitment and hiring, retraining and deployment capabilities, and classification of state positions. Of this amount, up to $200,000 each year may be disbursed in the form of grants to state agencies for pilot projects under the direction of the commissioner of employee relations.
$300,000 each year is to expand and target state workforce diversity efforts. These funds are to support expanded, dedicated functions serving protected groups in obtaining and retaining state employment, and secure greater opportunities for advancement within state employment ranks for under-represented groups. The commissioner must allocate these funds exclusively to the purposes described in the diversity-related budget initiative in the governor's proposed biennial budget for the department of employee relations for the biennium ending June 30, 1997. The 1995, 1996, 1997, and 1998 annual performance reports prepared by the commissioner under Minnesota Statutes, sections 15.90 to 15.92, must contain a separate section presenting the agency's activities and the outcomes attributable to implementation of the diversity functions expanded or improved pursuant to this appropriation. The commissioner of finance shall include these amounts when determining the base appropriation level for the department of employee relations for the biennium ending June 30, 1999.
Any unexpended balance on June 30, 1995, from the appropriations in Laws 1993, chapter 192, section 18, subdivision 2, for implementation of human resources management projects does not cancel but is available for expenditure in the 1996-1997 biennium.
During the biennium ending June 30, 1997, no two federated funding campaigns that are related organizations, as defined in Minnesota Statutes, section 317A.011, subdivision 18, may be registered to participate in the state employee combined charitable campaign.
If a state agency is to be abolished, the classified positions of the agency to be abolished with its incumbent employees shall be transferred as provided by Minnesota Statutes, section 15.039,
subdivision 7. If classified employees of an agency to be abolished are not specifically transferred to another state agency, any involuntary layoffs of the classified employees must be negotiated with exclusive representatives of the affected employees in accordance with Minnesota Statutes, section 43A.045, before layoffs may occur.
State agencies must demonstrate that they cannot use available staff before hiring outside consultants or services. As state agencies implement reductions in their operating budgets in the biennium ending June 30, 1997, agencies shall give priority to reducing spending on professional and technical contracts before laying off permanent employees. Agencies must report on the specific manner in which this directive is implemented to the senate finance and house of representatives ways and means committees by February 1, 1996, and February 1, 1997. Where outside consultants and services are necessary, agencies are encouraged to negotiate contracts that will involve permanent staff so as to upgrade and maximize training of state personnel. Money spent on outside consultants must be reported by February 1, 1997, to the senate finance and house of representatives ways and means committees.
For each executive agency with more than 50 full-time equivalent employees, the commissioner of employee relations shall certify the number of full-time equivalent positions for the last reporting period in fiscal year 1995, as reported under Minnesota Statutes, section 16A.122. This certification for each agency shall include the number of full-time equivalent employment positions that are not managers or supervisors, and the number of full-time equivalent employment positions that are managers or supervisors.
At all times, during the biennium ending June 30, 1997, in each executive branch agency with more than 50 full-time equivalent employees, the ratio of full-time equivalent positions that are not managers or supervisors to the number of positions that are managers or supervisors must be at least as great as the ratio for the last reporting period in fiscal year 1995, calculated under the preceding paragraph.
In order to maximize delivery of services to the public, if layoffs of state employees as defined in Minnesota Statutes, chapter 43A, are necessary during the biennium ending June 30, 1997, each agency with more than 50 full-time equivalent employees must reduce at least the same percentage of management and supervisory personnel as line and support personnel.
Subd. 3. Employee Insurance
1,108,000 1,158,000
$104,000 the first year and $104,000 the second year from the general fund are for the right-to-know contracts administered through the employee insurance division.
$1,004,000 the first year and $1,054,000 the second year from the general fund are for workers' compensation reinsurance premiums.
The commissioner of finance shall transfer in the first year of the biennium $2,500,000 from the public employees' insurance program account within the employee benefits internal service fund to the general fund.
The amounts required to pay the premiums to the workers' compensation reinsurance association under Minnesota Statutes, section 79.34, are appropriated annually from the general fund to the commissioner of employee relations.
During the biennium ending June 30, 1997, the commissioner shall continue the health promotion and disease prevention program for state employees initiated in fiscal year 1994.
Sec. 17. REVENUE
Subdivision 1. Total Appropriation 76,278,000 75,375,000
Summary by Fund
General74,178,000 73,596,000
Environment92,000 92,000
Highway User1,682,0001,687,000
Local Government
Trust 326,000 -0-
$1,324,000 in fiscal year 1996 is for payment of overtime to experienced corporate audit staff to complete processing of bank refund claims, and to add positions in the corporate tax division to perform duties of personnel who have been diverted to other duties associated with bank refund claims. Expenditures and collections associated with this appropriation must be reported separately. This amount is available until June 30, 1997, and must not be included in the budget base for the biennium ending June 30, 1999.
$75,000 the first year and $75,000 the second year must be subtracted from the total taconite production tax revenues distributed to local units of government. These amounts shall be credited to the general fund and appropriated to the department of revenue for the costs and expenses incurred by the department in collecting and distributing taconite production tax revenues.
During the biennium ending June 30, 1997, the commissioner shall not spend more money to enforce the unfair cigarette sales laws than the revenue derived from fees imposed under the law.
Sec. 18. AMATEUR SPORTS COMMISSION 2,101,000 2,104,000
(a) $45,000 each year is for the following purposes:
(1) Target Center programming; and
(2) development of more amateur sports opportunities for women, girls, seniors, inner-city youth, and athletes with special needs.
The amateur sports commission must work with staff of the city of Minneapolis and the metropolitan sports facilities commission to: research Minnesota's capabilities to attract local, national, and international amateur events; meet with appropriate national amateur sports governing bodies and Olympic officials on a regular basis; and create new grassroots events; all of which will have a favorable economic impact on the state.
(b) Of this appropriation:
(1) $1,389,000 each year is for grants for ice centers, under Minnesota Statutes, section 240A.09, of up to $250,000 each;
(2) $200,000 each year is for renovation grants for existing ice arenas; and
(3) $11,000 each year is for ice arena technical assistance.
Sec. 19. COMMISSIONER OF HUMAN RIGHTS
Subdivision 1. Total Appropriation 3,496,000 3,313,000
The amounts that may be spent from this appropriation for each activity are specified in the following subdivisions.
Subd. 2. Contract Compliance
420,000 420,000
Subd. 3. Complaint Processing
2,214,000 2,220,000
Subd. 4. Management Services and Administration
862,000 673,000
Sec. 20. MILITARY AFFAIRS
Subdivision 1. Total Appropriation 9,337,000 9,416,000
The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.
Subd. 2. Maintenance of Training Facilities
5,431,000 5,497,000
The appropriation for planning and remodeling grants for 12 armories scheduled to be sold or disposed of pursuant to Laws 1992, chapter 511, article 2, section 50, is available until June 30, 1997.
Any unexpended and unencumbered appropriation for the biennium ending June 30, 1995, for the tuition reimbursement program does not cancel, but is carried forward and may be used to pay assessments due to the cities of New Brighton, Montevideo, Park Rapids, and Rosemount.
Subd. 3. General Support
1,555,000 1,568,000
$75,000 the first year and $75,000 the second year are for expenses of military forces ordered to active duty under Minnesota Statutes, chapter 192. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
Subd. 4. Enlistment Incentives
2,351,000 2,351,000
Obligations for the reenlistment bonus program, suspended on December 31, 1991, shall be paid from the amounts available within the enlistment incentives program.
If appropriations for either year of the biennium are insufficient, the appropriation from the other year is available. The appropriations for enlistment incentives are available until expended.
Sec. 21. VETERANS AFFAIRS 3,849,000 3,878,000
$230,000 the first year and $230,000 the second year are for grants to county veterans offices for training of county veterans service officers.
$1,544,000 the first year and $1,544,000 the second year are for emergency financial and medical needs of veterans. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
$250,000 the first year and $250,000 the second year are for a grant to the Vinland National Center.
With the approval of the commissioner of finance, the commissioner of veterans affairs may transfer the unencumbered balance from the veterans relief program to other department programs during the fiscal year. The commissioner of veterans affairs shall provide background information explaining why the unencumbered balance exists. The amounts transferred must be identified to the chairs of the senate finance committee division on state government and the house governmental operations and gambling committee division on state government finance.
$16,200 is to be used to make a contribution toward the women in military service memorial at the entrance to Arlington National Cemetery.
$30,000 is to fund a program of the Minnesota state council of the Vietnam Veterans of America to assist Vietnam veterans and Vietnam-era veterans in the preparation and presentation of their claims to the United States government for compensation and other benefits to which they are entitled as a result of disabilities incurred in military service. This appropriation may not be used for membership recruitment. This appropriation is available until June 30, 1997.
Sec. 22. VETERANS OF FOREIGN WARS 31,000 31,000
For carrying out the provisions of Laws 1945, chapter 455.
Sec. 23. MILITARY ORDER OF THE PURPLE HEART10,000 10,000
Sec. 24. DISABLED AMERICAN VETERANS 12,000 12,000
For carrying out the provisions of Laws 1941, chapter 425.
Sec. 25. LAWFUL GAMBLING CONTROL 2,913,000 2,373,000
$844,000 the first year and $321,000 the second year are for a systems project to improve the quality of service to the lawful gambling industry and to increase effectiveness in regulating that industry.
Sec. 26. RACING 337,000 337,000
Sec. 27. GENERAL CONTINGENT ACCOUNTS 450,000 450,000
Summary by Fund
General 100,000 100,000
State Government
Special Revenue250,000250,000
Workers'
Compensation100,000 100,000
The appropriations in this section must be spent with the approval of the governor after consultation with the legislative advisory commission under Minnesota Statutes, section 3.30.
If an appropriation in this section for either year is insufficient, the appropriation for the other year is available for it.
The special revenue appropriation is available to be transferred to the attorney general when the costs to provide legal services to the health boards exceed the biennial appropriation to the attorney general from the special revenue fund. The boards receiving the additional services shall set their fees to cover the costs.
Sec. 28. TORT CLAIMS 300,000 300,000
To be spent by the commissioner of finance.
If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
Sec. 29. MINNESOTA STATE RETIREMENT SYSTEM2,158,0002,158,000
The amounts estimated to be needed for each program are as follows:
(a) Legislators
1,993,000 1,993,000
Under Minnesota Statutes, sections 3A.03, subdivision 2; 3A.04, subdivisions 3 and 4; and 3A.11.
(b) Constitutional Officers
165,000 165,000
Under Minnesota Statutes, sections 352C.031, subdivision 5; 352C.04, subdivision 3; and 352C.09, subdivision 2.
If an appropriation in this section for either year is insufficient, the appropriation for the other year is available for it.
Sec. 30. MINNEAPOLIS EMPLOYEES RETIREMENT FUND 11,005,000 11,005,000
$10,455,000 the first year and $10,455,000 the second year are to the commissioner of finance for payment to the Minneapolis employees retirement fund under Minnesota Statutes, section 422A.101, subdivision 3. Payment must be made in four equal installments, March 15, July 15, September 15, and November 15, each year.
$550,000 the first year and $550,000 the second year are to the commissioner of finance for payment to the Minneapolis employees retirement fund for the supplemental benefit for pre-1973 retirees under Minnesota Statutes, section 356.865.
Sec. 31. POLICE AND FIRE AMORTIZATION AID 6,420,000 6,420,000
$5,020,000 the first year and $5,020,000 the second year are to the commissioner of revenue for state aid to amortize the unfunded liability of local police and salaried firefighters relief associations, under Minnesota Statutes, section 423A.02.
$1,000,000 the first year and $1,000,000 the second year are to the commissioner of revenue for supplemental state aid to amortize the unfunded liability of local police and salaried firefighters relief associations under Minnesota Statutes, section 423A.02, subdivision 1a.
$400,000 each year is to the commissioner of revenue to pay reimbursements to relief associations for firefighter supplemental benefits paid under Minnesota Statutes, section 424A.10.
Sec. 32. MINNEAPOLIS TEACHERS RETIREMENT STATE AID 2,500,000 2,500,000
This appropriation is to the commissioner of finance to make payments for state matching amortization aid contributions to the Minneapolis teachers retirement fund association under Minnesota Statutes, section 354A.12.
Sec. 33. ST. PAUL TEACHERS RETIREMENT STATE AID 500,000 500,000
This appropriation is to the commissioner of finance to make payments for state aid contributions to the St. Paul teachers retirement fund association under Minnesota Statutes, section 354A.12.
Sec. 34. SMALL AGENCY SUPPLEMENT 180,000 420,000
This appropriation is from the general fund and is available in either year of the biennium. During the biennium the commissioner shall transfer the necessary dollars to the small agency accounts, as determined by the commissioner of finance, to cover the costs of the collective bargaining agreement.
The commissioner shall report to the chair of the ways and means committee of the house of representatives and the chair of the finance committee of the senate on the transfers made under these provisions.
Sec. 35. MINNESOTA CONSERVATION FUND TRANSFER
The commissioner of finance shall transfer in the beginning of the biennium, $3,000,000 from the Minnesota conservation fund to the general fund.
Sec. 36. ATTORNEY GENERAL; MILLE LACS TREATY
LITIGATION
$790,000 in fiscal year 1995 is added to the appropriation in Laws 1993, chapter 192, section 11, subdivision 3, for the unanticipated expenses of the Mille Lacs and Fond du Lac treaty litigation efforts.
Sec. 37. MILITARY AFFAIRS; ARMORY ASSESSMENTS
$46,000 in fiscal year 1995 is for special assessments due to the city of Roseville for National Guard property under Minnesota Statutes, section 435.19, subdivision 2.
Sec. 38. SALARY SUPPLEMENT
This section applies if there is a forecast unrestricted budgetary general fund balance for the biennium ending June 30, 1997, in the department of finance forecast issued in November 1995. From such balance, there is appropriated to the commissioner of finance an amount sufficient to pay the costs of salary and benefit-related base budget growth for employees in all branches of state government in fiscal year 1997.
The commissioner of finance, in conjunction with the commissioner of employee relations may transfer dollars from unallocated balances in the following funds to individual agencies to cover the costs of collective bargaining agreements: state government special revenue, health care access, trunk highway, highway user, state airport, environmental trust, future resources, petroleum tank release cleanup, workers' compensation special, environmental, metropolitan landfill contingency action trust, landfill cleanup, and special revenue.
The commissioner of finance shall report to the chair of the ways and means committee of the house of representatives and the chair of the finance committee of the senate, by December 31, 1995, on the transfers made under these provisions.
Sec. 39. [3.225] [PROFESSIONAL AND TECHNICAL SERVICE CONTRACTS.]
Subdivision 1. [APPLICATION.] This section applies to a contract for professional or technical services entered into by the house of representatives, the senate, the legislative coordinating commission, or any group under the jurisdiction of the legislative coordinating commission. For purposes of this section, "professional or technical services" contract has the meaning defined in section 16B.17.
Subd. 2. [REQUIREMENTS FOR ALL CONTRACTS.] Before entering into a contract for professional or technical services, the contracting entity must determine that:
(1) all provisions of section 16B.19, subdivision 2, have been verified or complied with;
(2) the work to be performed under the contract is necessary to the entity's achievement of its responsibilities;
(3) the contract will not establish an employment relationship between the state or the entity and any persons performing under the contract;
(4) no current legislative employees will engage in the performance of the contract;
(5) no state agency has previously performed or contracted for the performance of tasks which would be substantially duplicated under the proposed contract;
(6) the contracting entity has specified a satisfactory method of evaluating and using the results of the work to be performed; and
(7) the combined contract and amendments will not extend for more than five years.
Subd. 3. [CONTRACTS OVER $5,000.] Before an entity may seek to enter into a professional or technical services contract valued in excess of $5,000, it must determine that:
(1) no legislative employee is able to perform the services called for by the contract;
(2) reasonable efforts were made to publicize the availability of the contract to the public;
(3) the entity has received, reviewed, and accepted a detailed work plan from the contractor for performance under the contract; and
(4) the entity has developed, and fully intends to implement, a written plan providing for: the assignment of personnel to a monitoring and liaison function; the periodic review of interim reports or other indications of past performance; and the ultimate utilization of the final product of the services.
Subd. 4. [RENEWALS.] The renewal of a professional or technical service contract must comply with all requirements, including notice, applicable to the original contract. A renewal contract must be identified as such. All notices and reports on a renewal contract must state the date of the original contract and the amount previously paid under the contract.
Subd. 5. [REPORTS.] (a) The house of representatives, the senate, and the legislative coordinating commission shall submit to the legislative reference library a monthly listing of all contracts for professional or technical services executed in the preceding month. The report must identify the parties and the contract amount, duration, and tasks to be performed.
(b) The monthly report must:
(1) be sorted by contracting entity and by contractor;
(2) show the aggregate value of contracts issued by each agency and issued to each contractor;
(3) distinguish between contracts that are being issued for the first time and contracts that are being renewed;
(4) state the termination date of each contract; and
(5) categorize contracts according to subject matter, including topics such as contracts for training, contracts for research and opinions, and contracts for computer systems.
(c) Within 30 days of final completion of a contract over $5,000 covered by this subdivision, the chief executive of the entity entering into the contract must file a one-page performance report with the legislative reference library. The report must:
(1) summarize the purpose of the contract, including why it was necessary to enter into a contract;
(2) state the amount spent on the contract; and
(3) explain why this amount was a cost-effective way to enable the entity to provide its services or products better or more efficiently.
Subd. 6. [CONTRACT TERMS.] (a) A professional or technical services contract must by its terms permit the contracting entity to unilaterally terminate the contract prior to completion, upon payment of just compensation, if the entity determines that further performance under the contract would not serve entity purposes. If the final product of the contract is a written report, a copy must be filed with the legislative reference library.
(b) The terms of a contract must provide that no more than 90 percent of the amount due under the contract may be paid until the final product has been reviewed by the person entering into the contract on behalf of the contracting entity, and that person has certified that the contractor has satisfactorily fulfilled the terms of the contract.
Sec. 40. Minnesota Statutes 1994, section 3.855, is amended by adding a subdivision to read:
Subd. 1a. [DEFINITIONS.] "Commission" means the legislative coordinating commission.
Sec. 41. Minnesota Statutes 1994, section 3.98, is amended by adding a subdivision to read:
Subd. 2a. If a fiscal note is prepared on a bill and if an agency affected by the bill anticipates that it will contract for professional or technical services as a result of the bill, the agency preparing the fiscal note must compare the anticipated cost of the contract with the cost that would be incurred if the services were to be provided by state employees.
Sec. 42. Minnesota Statutes 1994, section 3C.02, is amended by adding a subdivision to read:
Subd. 6. A contract for professional or technical services that is valued at more than $50,000 may be made only after the revisor has consulted with the legislative coordinating commission. The contract is subject to its recommendation as provided by section 3C.10, subdivision 3, for a printing contract.
Sec. 43. Minnesota Statutes 1994, section 7.09, subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE.] The state treasurer is authorized
to receive and accept, on behalf of the state, any gift, bequest,
devise, or endowment which may be made by any person, by will,
deed, gift, or otherwise, to or for the benefit of the state, or
any of its departments or agencies, or to or in aid, or for the
benefit, support, or maintenance of any educational, charitable,
or other institution maintained in whole or in part by the state,
or for the benefit of students, employees, or inmates thereof, or
for any proper state purpose or function, and the money,
property, or funds constituting such gift, bequest, devise, or
endowment. No such gift, bequest, devise, or endowment whose
value is equal to or exceeds $10,000 shall be so accepted
unless the commissioner of finance and the state treasurer
shall determine that it is for the interest of the state
to accept it, and shall approve of and direct the
acceptance. If the value is less than $10,000, only the state
treasurer need determine that it is for the interest of the state
to accept it, and approve of and direct the acceptance. When,
in order to effect the purpose for which any gift, bequest,
devise, or endowment has been accepted, it is necessary to sell
property so received, the state treasurer, upon request of the
authority in charge of the agency, department, or institution
concerned, may sell it at a price which shall be fixed by the
state board of investment.
Sec. 44. Minnesota Statutes 1994, section 8.16, is amended by adding a subdivision to read:
Subd. 1a. [SUBPOENAS.] The attorney general may in any county of the state subpoena and require the production of any records relating to the location of a debtor or the assets of a debtor, as that term is defined in section 16D.02, subdivision 4. Subpoenas may be issued only for records that are relevant to an investigation related to debt collection.
Sec. 45. Minnesota Statutes 1994, section 8.31, is amended by adding a subdivision to read:
Subd. 5. [ATTORNEY GENERAL TO ASSIST IN DISCOVERY AND PUNISHMENT OF DISCRIMINATORY PRACTICES AND BIAS OFFENSES.] When the attorney general has information providing a reasonable ground to believe that any person is engaged in a pattern or practice of discrimination in violation of section 363.03, or that any person has been denied any civil right granted under section 363.12, subdivision 2, and such denial raises an issue of general public importance, the attorney general may commence a civil action on behalf of the person or persons and the state as provided in section 363.14, subdivision 1, paragraph (a), and may obtain relief as provided by sections 363.071, subdivision 2, and 363.14, subdivision 3.
When the attorney general has information providing a reasonable ground to believe that any person has been the victim of a bias offense as defined in section 611A.78, and such denial raises an issue of general public importance, the attorney general may obtain relief as provided by section 611A.78, subdivision 2.
For purposes of this subdivision, the term "person" has the meaning specified in section 363.01, subdivision 28.
Sec. 46. Minnesota Statutes 1994, section 15.061, is amended to read:
15.061 [CONSULTANT, PROFESSIONAL AND OR
TECHNICAL SERVICES.]
Pursuant to the provisions of In accordance with
section 16B.17, the head of a state department or agency may,
with the approval of the commissioner of administration, contract
for consultant services and professional and
or technical services in connection with the operation of
the department or agency. A contract negotiated under this
section shall is not be subject to the
competitive bidding requirements of chapter 16
16B.
Sec. 47. Minnesota Statutes 1994, section 15.415, is amended to read:
15.415 [CORRECTIONS IN TRANSACTIONS, WAIVER.]
In any instance where a correction concerning any state
department or agency transaction involves an amount less than the
administrative cost of making the correction, the correction
shall be waived unless it is possible at a relatively nominal
expense to include the correction in a later transaction. If the
amount of any correction is less than $2 $5 it
shall be prima facie evidence that the cost of the correction
would exceed the amount involved.
Sec. 48. Minnesota Statutes 1994, section 15.50, subdivision 2, is amended to read:
Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare,
prescribe, and from time to time, after a public hearing, amend a
comprehensive use plan for the capitol area, called the area in
this subdivision, which consists of that portion of the city of
Saint Paul comprehended within the following boundaries:
Beginning at the point of intersection of the center line of the
Arch-Pennsylvania freeway and the center line of Marion Street,
thence southerly along the center line of Marion Street extended
to a point 50 feet south of the south line of Concordia Avenue,
thence southeasterly along a line extending 50 feet from the
south line of Concordia Avenue to a point 125 feet from the west
line of John Ireland Boulevard, thence southwesterly along a line
extending 125 feet from the west line of John Ireland Boulevard
to the south line of Dayton Avenue, thence northeasterly from the
south line of Dayton Avenue to the west line of John Ireland
Boulevard, thence northeasterly to the center line of the
intersection of Old Kellogg Boulevard and Summit Avenue, thence
northeasterly along the center line of Summit Avenue to the
center line of the new West Kellogg Boulevard, thence southerly
along the east line of the new West Kellogg Boulevard, to the
center line of West Seventh Street, thence northeasterly along
the center line of West Seventh Street to the center line of the
Fifth Street ramp, thence northwesterly along the center line of
the Fifth Street ramp to the east line of the right-of-way of
Interstate Highway 35-E, thence northeasterly along the east line
of the right-of-way of Interstate Highway 35-E to the south line
of the right-of-way of Interstate Highway 94, thence easterly
along the south line of the right-of-way of Interstate Highway 94
to the west line of St. Peter Street, thence southerly to the
south line of Eleventh Exchange Street, thence
easterly along the south line of Eleventh Exchange
Street to the west line of Cedar Street, thence
southeasterly northerly along the west line of
Cedar Street to the center line of Tenth Street, thence
northeasterly along the center line of Tenth Street to the center
line of Minnesota Street, thence northwesterly along the center
line of Minnesota Street to the center line of Eleventh Street,
thence northeasterly along the center line of Eleventh Street to
the center line of Jackson Street, thence northwesterly along the
center line of Jackson Street to the center line of the
Arch-Pennsylvania freeway extended, thence westerly along the
center line of the Arch-Pennsylvania freeway extended and Marion
Street to the point of origin. If construction of the labor
interpretive center does not commence prior to December 31,
1998 2000, at the site recommended by the board,
the boundaries of the capitol area revert to their configuration
as of 1992.
Under the comprehensive plan, or a portion of it, the board may regulate, by means of zoning rules adopted under the administrative procedure act, the kind, character, height, and location, of buildings and other structures constructed or used, the size of yards and open spaces, the percentage of lots that may be occupied, and the uses of land, buildings and other structures, within the area. To protect and enhance the dignity, beauty, and architectural integrity of the capitol area, the board is further empowered to include in its zoning rules design review procedures and standards with respect to any proposed construction activities in the capitol area significantly affecting the dignity, beauty, and architectural integrity of the area. No person may undertake these construction activities as defined in the board's rules in the capitol area without first submitting construction plans to the board, obtaining a zoning permit from the board, and receiving a written certification from the board specifying that the person has complied with all design review procedures and standards. Violation of the zoning rules is a misdemeanor. The board may, at its option, proceed to abate any violation by injunction. The board and the city of Saint Paul shall cooperate in assuring that the area adjacent to the capitol area is developed in a manner that is in keeping with the purpose of the board and the provisions of the comprehensive plan.
(b) The commissioner of administration shall act as a consultant to the board with regard to the physical structural needs of the state. The commissioner shall make studies and report the results to the board when it requests reports for its planning purpose.
(c) No public building, street, parking lot, or monument, or other construction may be built or altered on any public lands within the area unless the plans for the project conform to the comprehensive use plan as specified in paragraph (d) and to the requirement for competitive plans as specified in paragraph (e). No alteration substantially changing the external appearance of any existing public building approved in the comprehensive plan or the exterior or interior design of any proposed new public building the plans for which were secured by competition under paragraph (e) may be made without the prior consent of the board. The commissioner of administration shall consult with the board regarding internal changes having the effect of substantially altering the architecture of the interior of any proposed building.
(d) The comprehensive plan must show the existing land uses and recommend future uses including: areas for public taking and use; zoning for private land and criteria for development of public land, including building areas, open spaces, monuments, and other memorials; vehicular and pedestrian circulation; utilities systems; vehicular storage; elements of landscape architecture. No substantial alteration or improvement may be made to public lands or buildings in the area without the written approval of the board.
(e) The board shall secure by competitions plans for any new public building. Plans for any comprehensive plan, landscaping scheme, street plan, or property acquisition that may be proposed, or for any proposed alteration of any existing public building, landscaping scheme or street plan may be secured by a similar competition. A competition must be conducted under rules prescribed by the board and may be of any type which meets the competition standards of the American Institute of Architects. Designs selected become the property of the state of Minnesota, and the board may award one or more premiums in each competition and may pay the costs and fees that may be required for its conduct. At the option of the board, plans for projects estimated to cost less than $1,000,000 may be approved without competition provided the plans have been considered by the advisory committee described in paragraph (h). Plans for projects estimated to cost less than $400,000 and for construction of streets need not be considered by the advisory committee if in conformity with the comprehensive plan.
(f) Notwithstanding paragraph (e), an architectural competition is not required for the design of any light rail transit station and alignment within the capitol area. The board and its advisory committee shall select a preliminary design for any transit station in the capitol area. Each stage of any station's design through working drawings must be reviewed by the board's advisory committee and approved by the board to ensure that the station's design is compatible with the comprehensive plan for the capitol area and the board's design criteria. The guideway and track design of any light rail transit alignment within the capitol area must also be reviewed by the board's advisory committee and approved by the board.
(g) Of the amount available for the light rail transit design, adequate funds must be available to the board for design framework studies and review of preliminary plans for light rail transit alignment and stations in the capitol area.
(h) The board may not adopt any plan under paragraph (e) unless it first receives the comments and criticism of an advisory committee of three persons, each of whom is either an architect or a planner, who have been selected and appointed as follows: one by the board of the arts, one by the board, and one by the Minnesota Society of the American Institute of Architects. Members of the committee may not be contestants under paragraph (e). The
comments and criticism must be a matter of public information. The committee shall advise the board on all architectural and planning matters. For that purpose, the committee must be kept currently informed concerning, and have access to, all data, including all plans, studies, reports and proposals, relating to the area as the data are developed or in the process of preparation, whether by the commissioner of administration, the commissioner of trade and economic development, the metropolitan council, the city of Saint Paul, or by any architect, planner, agency or organization, public or private, retained by the board or not retained and engaged in any work or planning relating to the area, and a copy of any data prepared by any public employee or agency must be filed with the board promptly upon completion.
The board may employ stenographic or technical help that may be reasonable to assist the committee to perform its duties.
When so directed by the board, the committee may serve as, and any member or members of the committee may serve on, the jury or as professional advisor for any architectural competition, and the board shall select the architectural advisor and jurors for any competition with the advice of the committee.
The city of Saint Paul shall advise the board.
(i) The comprehensive plan for the area must be developed and maintained in close cooperation with the commissioner of trade and economic development, the planning department and the council for the city of Saint Paul, and the board of the arts, and no plan or amendment of a plan may be effective without 90 days' notice to the planning department of the city of Saint Paul and the board of the arts and without a public hearing with opportunity for public testimony.
(j) The board and the commissioner of administration, jointly, shall prepare, prescribe, and from time to time revise standards and policies governing the repair, alteration, furnishing, appearance, and cleanliness of the public and ceremonial areas of the state capitol building. The board shall consult with and receive advice from the director of the Minnesota state historical society regarding the historic fidelity of plans for the capitol building. The standards and policies developed under this paragraph are binding upon the commissioner of administration. The provisions of sections 14.02, 14.04 to 14.36, 14.38, and 14.44 to 14.45 do not apply to this paragraph.
(k) The board in consultation with the commissioner of administration shall prepare and submit to the legislature and the governor no later than October 1 of each even-numbered year a report on the status of implementation of the comprehensive plan together with a program for capital improvements and site development, and the commissioner of administration shall provide the necessary cost estimates for the program. The board shall report any changes to the comprehensive plan adopted by the board to the committee on governmental operations and gambling of the house of representatives and the committee on governmental operations and reform of the senate and upon request shall provide testimony concerning the changes. The board shall also provide testimony to the legislature on proposals for memorials in the capitol area as to their compatibility with the standards, policies, and objectives of the comprehensive plan.
(l) The state shall, by the attorney general upon the recommendation of the board and within appropriations available for that purpose, acquire by gift, purchase, or eminent domain proceedings any real property situated in the area described in this section, and it may also acquire an interest less than a fee simple interest in the property, if it finds that the property is needed for future expansion or beautification of the area.
(m) The board is the successor of the state veterans service building commission, and as such may adopt rules and may reenact the rules adopted by its predecessor under Laws 1945, chapter 315, and amendments to it.
(n) The board shall meet at the call of the chair and at such other times as it may prescribe.
(o) The commissioner of administration shall assign quarters in the state veterans service building to (1) the department of veterans affairs, of which a part that the commissioner of administration and commissioner of veterans affairs may mutually determine must be on the first floor above the ground, and (2) the American Legion, Veterans of Foreign Wars, Disabled American Veterans, Military Order of the Purple Heart, United Spanish War Veterans, and Veterans of World War I, and their auxiliaries, incorporated, or when incorporated, under the laws of the state, and (3) as space becomes available, to other state departments and agencies as the commissioner may deem desirable.
Sec. 49. Minnesota Statutes 1994, section 15.91, subdivision 2, is amended to read:
Subd. 2. [PERFORMANCE REPORTS.] (a) Each agency shall develop a performance report for the major programs that it provides or administers. The report shall include each of the following items or an explanation of why an item does not apply to the agency or its individual programs:
(1) a statement of the mission, goals, and objectives of the agency including those set forth in statute;
(2) measures of the output and outcome of the program;
(3) identification of priority and other populations served by the programs under current law and how those populations are expected to change within the period of the report;
(4) plans for how outcome information can be used as an incentive for improving state programs and program outcomes;
(5) requests for statutory flexibility needed to reach outcome goals;
(6) proposals and cost estimates for collecting new outcome information; and
(7) other information that may be required to explain the past and projected performance of state programs.
The objectives required under clause (1): (i) must be simple declarative statements of intent; (ii) should carry benchmarks for accomplishment; and (iii) should be specific enough so citizens can measure progress year to year.
(b) Each agency shall issue a first annual report by
September 1, 1994, and annual updated reports no later
than September 1 October 30 of each year
beginning in 1995. A report must cover a period of four
years previous and two years in the future from the date that it
is required to be issued, including previous forecasts versus
actual measures.
(c) Each agency shall send a copy of each report issued to the governor, the speaker of the house of representatives, the president of the senate, the legislative commission on planning and fiscal policy, the legislative auditor, the commissioner of finance, and two copies to the legislative reference library.
(d) The legislative auditor shall review the drafts and give
comments to agencies and the legislature before September 1,
1994, and shall review and give comments on annual reports on
a rotating biennial schedule.
(e) State agency reports shall be compiled as required in this paragraph. The commissioner of finance, in consultation with the commissioner of administration, the legislative commission on planning and fiscal policy, and the finance committees and divisions of the house of representatives and senate, shall:
(1) develop forms and instructions by March 15 each year and coordinate training for the use of the agencies in the preparation of their reports;
(2) work with individual agencies to determine acceptable measures of staff workload, unit costs, output, and outcome for use in reports; and
(3) request any needed additional information concerning any agency report submitted.
Each agency shall include citizens, agency clients, consumer and advocacy groups, worker participation committees, managers, elected officials, and contractors in its planning.
Sec. 50. [16A.101] [CONSULTANT CONTRACTS.]
The budget documents must report expenditures for consultant and professional and technical service contracts, as defined in section 16B.17, as a separate category. No other expenditures may be included in this category.
Sec. 51. Minnesota Statutes 1994, section 16A.11, is amended by adding a subdivision to read:
Subd. 3b. [CONTRACTS.] The detailed budget estimate must also include the following information on professional or technical services contracts:
(1) the number and amount of contracts over $25,000 for each agency for the past biennium;
(2) the anticipated number and amount of contracts over $25,000 for each agency for the upcoming biennium; and
(3) the total value of all contracts from the previous biennium, and the anticipated total value of all contracts for the upcoming biennium.
Sec. 52. Minnesota Statutes 1994, section 16A.127, subdivision 8, is amended to read:
Subd. 8. [EXEMPTIONS.] (a) No statewide or agency indirect
cost liability shall be accrued to any program, appropriation, or
account that is specifically exempted from the liability in
federal or state law, or if the commissioner determines the funds
to be held in trust, or to be a pass-through, workshop, or
seminar account. Accounts receiving proceeds from bond
issues, and those accounts whose funds are determined
by the commissioner to originate from the general
fund, accounts are also exempt from this
section.
(b) Except for the costs of the legislative auditor to conduct financial audits of federal funds, this section does not apply to the community college board, state university board, or the state board of technical colleges. Receipts attributable to financial audits conducted by the legislative auditor of federal funds administered by these post-secondary education boards shall be deposited in the general fund.
Sec. 53. Minnesota Statutes 1994, section 16A.129, subdivision 3, is amended to read:
Subd. 3. [CASH ADVANCES.] When the operations of any
nongeneral fund account would be impeded by projected cash
deficiencies resulting from delays in the receipt of grants,
dedicated income, or other similar receivables, and when the
deficiencies would be corrected within the budget period
involved, the commissioner of finance may transfer
use general fund cash reserves into the accounts as
necessary to meet cash demands. If funds are transferred
from the general fund to meet cash flow needs, the cash flow
transfers must be returned to the general fund as soon as
sufficient cash balances are available in the account to which
the transfer was made. Any interest earned on general fund cash
flow transfers accrues to the general fund and not to the
accounts or funds to which the transfer was made.
Sec. 54. Minnesota Statutes 1994, section 16A.28, subdivision 5, is amended to read:
Subd. 5. [PERMANENT IMPROVEMENTS.] An appropriation for permanent improvements, including the acquisition of real property does not lapse until the purposes of the appropriation are determined by the commissioner, after consultation with the affected agencies, to be accomplished or abandoned. This subdivision also applies to any part of an appropriation for a fiscal year that has been requisitioned to acquire real property or construct permanent improvements.
Sec. 55. Minnesota Statutes 1994, section 16A.28, subdivision 6, is amended to read:
Subd. 6. [CANCELED SEPTEMBER 1 OCTOBER 15.] On
September 1 October 15 all allotments and
encumbrances for the last fiscal year shall be canceled unless an
agency head certifies to the commissioner that there is an
encumbrance for services rendered or goods ordered in the last
fiscal year, or certifies that funding will be carried forward
under subdivision 1. The commissioner may: reinstate the part
of the cancellation needed to meet the certified encumbrance or
charge the certified encumbrance against the current year's
appropriation.
Sec. 56. Minnesota Statutes 1994, section 16A.40, is amended to read:
16A.40 [WARRANTS.]
Money must not be paid out of the state treasury except upon the warrant of the commissioner or an electronic fund transfer approved by the commissioner. Warrants must be drawn on printed blanks that are in numerical order. The commissioner shall enter, in numerical order in a warrant register, the number, amount, date, and payee for every warrant issued.
Sec. 57. Minnesota Statutes 1994, section 16A.57, is amended to read:
16A.57 [APPROPRIATION, ALLOTMENT, AND WARRANT NEEDED.]
Unless otherwise expressly provided by law, state money may not be spent or applied without an appropriation, an allotment, and issuance of a warrant or electronic fund transfer.
Sec. 58. Minnesota Statutes 1994, section 16B.06, is amended by adding a subdivision to read:
Subd. 7. [COMPLIANCE.] The commissioner must develop procedures to audit agency personnel to whom the commissioner has delegated contracting authority, in order to assure compliance with laws and guidelines governing issuance of contracts, including laws and guidelines governing conflicts of interest.
Sec. 59. [16B.167] [EMPLOYEE SKILLS INVENTORY.]
(a) The commissioners of employee relations and administration shall develop a list of skills that state agencies commonly seek from professional or technical service contracts, in consultation with exclusive representatives of state employees.
(b) Before an agency may seek approval of a professional or technical services contract valued in excess of $5,000, it must certify to the commissioner that it has publicized the contract by posting notice at appropriate worksites within agencies and has made reasonable efforts to determine that no state employee, including an employee outside the contracting agency, is able to perform the services called for by the contract.
Sec. 60. Minnesota Statutes 1994, section 16B.17, is amended to read:
16B.17 [CONSULTANTS AND PROFESSIONAL OR TECHNICAL
SERVICES.]
Subdivision 1. [TERMS.] For the purposes of this
section, the following terms have the meanings given
them:
(a) [CONSULTANT SERVICES.] "Consultant
professional or technical services" means services
which that are intellectual in character;
which that do not involve the provision of supplies
or materials; which that include
consultation analysis, evaluation, prediction, planning,
or recommendation; and which that result in the
production of a report or the completion of a task.
(b) [PROFESSIONAL AND TECHNICAL SERVICES.] "Professional and
technical services" means services which are predominantly
intellectual in character; which do not involve the provision of
supplies or materials; and in which the final result is the
completion of a task rather than analysis, evaluation,
prediction, planning, or recommendation.
Subd. 2. [PROCEDURE FOR CONSULTANT AND PROFESSIONAL
AND OR TECHNICAL SERVICES CONTRACTS.] Before
approving a proposed state contract for consultant services
or professional and or technical
services, the commissioner must determine, at least,
that:
(1) all provisions of section 16B.19 and subdivision 3 of this section have been verified or complied with;
(2) the work to be performed under the contract is necessary to the agency's achievement of its statutory responsibilities, and there is statutory authority to enter into the contract;
(3) the contract will not establish an employment relationship between the state or the agency and any persons performing under the contract;
(4) no current state employees will engage in the performance of the contract;
(5) no state agency has previously performed or contracted for
the performance of tasks which would be substantially duplicated
under the proposed contract; and
(6) the contracting agency has specified a satisfactory method of evaluating and using the results of the work to be performed; and
(7) the combined contract and amendments will not extend for more than five years.
Subd. 3. [DUTIES OF CONTRACTING AGENCY.] Before an agency may
seek approval of a consultant or professional and
or technical services contract valued in excess of $5,000,
it must certify to the commissioner that:
(1) no current state employee is able to perform the services called for by the contract;
(2) the normal competitive bidding mechanisms will not provide for adequate performance of the services;
(3) the services are not available as a product of a prior
consultant or professional and technical services contract,
and the contractor has certified that the product of the
services will be original in character;
(4) reasonable efforts were made to publicize the availability of the contract to the public;
(5) the agency has received, reviewed, and accepted a detailed
work plan from the contractor for performance under the contract;
and
(6) the agency has developed, and fully intends to implement, a
written plan providing for the assignment of specific agency
personnel to a monitoring and liaison function;,
the periodic review of interim reports or other indications of
past performance, and the ultimate utilization of the final
product of the services; and
(7) the agency will not allow the contractor to begin work before funds are fully encumbered.
The agency certification must provide detail on how the agency complied with this subdivision. In particular, the agency must describe how it complied with clauses (1) and (4) and section 16B.167, paragraph (b), and what steps it has taken to verify the competence of the proposed contractor.
Subd. 3a. [RENEWALS.] The renewal of a professional or technical contract must comply with all requirements, including notice, applicable to the original contract. A renewal contract must be identified as such. All notices and reports on a renewal contract must state the date of the original contract and the amount paid previously under the contract.
Subd. 4. [REPORTS.] (a) The commissioner shall submit
to the governor, the chairs of the house ways and means and
senate finance committees, and the legislature
legislative reference library a monthly listing of all
contracts for consultant services and for professional
and or technical services executed or disapproved
in the preceding month. The report must identify the parties and
the contract amount, duration, and tasks to be performed. The
commissioner shall also issue quarterly reports summarizing the
contract review activities of the department during the preceding
quarter.
(b) The monthly and quarterly reports must:
(1) be sorted by agency and by contractor;
(2) show the aggregate value of contracts issued by each agency and issued to each contractor;
(3) distinguish between contracts that are being issued for the first time and contracts that are being renewed;
(4) state the termination date of each contract; and
(5) categorize contracts according to subject matter, including topics such as contracts for training, contracts for research and opinions, and contracts for computer systems.
(c) Within 30 days of final completion of a contract over $5,000 covered by this subdivision, the chief executive of the agency entering into the contract must submit a one-page report to the commissioner who must submit a copy to the legislative reference library. The report must:
(1) summarize the purpose of the contract, including why it was necessary to enter into a contract;
(2) state the amount spent on the contract; and
(3) explain why this amount was a cost-effective way to enable the agency to provide its services or products better or more efficiently.
Subd. 5. [CONTRACT TERMS.] (a) A consultant or
technical and professional or technical services
contract must by its terms permit the agency to unilaterally
terminate the contract prior to completion, upon payment of just
compensation, if the agency determines that further performance
under the contract would not serve agency purposes. If the final
product of the contract is to be a written report,
no more than three copies of the report, one in camera ready
form, shall be submitted to the agency. One of the copies
a copy must be filed with the legislative reference
library.
(b) The terms of a contract must provide that no more than 90 percent of the amount due under the contract may be paid until the final product has been reviewed by the chief executive of the agency entering into the contract, and the chief executive has certified that the contractor has satisfactorily fulfilled the terms of the contract.
Subd. 6. [EXCLUSIONS.] This section and section 16B.167 do not apply:
(1) to Minnesota state college or university contracts to provide instructional services to public or private organizations, agencies, businesses, or industries;
(2) to contracts with individuals or organizations for administration of employee pension plans authorized under chapter 354B or 354C; or
(3) to instructional services provided to Minnesota state colleges or universities by organizations or individuals provided the contracts are consistent with terms of applicable labor agreements.
Sec. 61. [16B.175] [PROFESSIONAL OR TECHNICAL SERVICE CONTRACT CONFLICT OF INTEREST GUIDELINES.]
Subdivision 1. [DEVELOPMENT; APPLICABILITY.] The commissioner of administration must develop guidelines designed to prevent conflicts of interest for agency employees involved in professional or technical service contracts. The guidelines must apply to agency employees who are directly or indirectly involved in: developing requests for proposals; evaluating proposals; drafting and entering into professional or technical service contracts; evaluating performance under these contracts; and authorizing payments under the contract.
Subd. 2. [CONTENT.] (a) The guidelines must attempt to assure that an employee involved in contracting:
(1) does not have any financial interest in and does not personally benefit from the contract;
(2) does not accept from a contractor or bidder any promise, obligation, contract for future reward, or gift; and
(3) does not appear to have a conflict of interest because of a family or close personal relationship to a contractor or bidder, or because of a past employment or business relationship with a contractor or bidder.
(b) The guidelines must contain a process for making employees aware of guidelines and laws relating to conflict of interest, and for training employees on how to avoid and deal with potential conflicts.
(c) The guidelines must contain a process under which an employee who has a conflict or a potential conflict may disclose the matter, and a process under which work on the contract may be assigned to another employee if possible.
Sec. 62. Minnesota Statutes 1994, section 16B.19, subdivision 2, is amended to read:
Subd. 2. [CONSULTANT, PROFESSIONAL AND OR
TECHNICAL PROCUREMENTS.] Every state agency shall for each fiscal
year designate for awarding to small businesses at least 25
percent of the value of anticipated procurements of that agency
for consultant services or professional and
or technical services. The set-aside under this
subdivision is in addition to that provided by subdivision 1, but
shall must otherwise comply with section 16B.17.
Sec. 63. Minnesota Statutes 1994, section 16B.19, subdivision 10, is amended to read:
Subd. 10. [APPLICABILITY.] This section does not apply to
construction contracts or contracts for consultant,
professional, or technical services under section 16B.17
that are financed in whole or in part with federal funds and that
are subject to federal disadvantaged business enterprise
regulations.
Sec. 64. Minnesota Statutes 1994, section 16B.42, subdivision 3, is amended to read:
Subd. 3. [OTHER DUTIES.] The intergovernmental informations systems advisory council shall (1) recommend to the commissioners of state departments, the legislative auditor, and the state auditor a method for the expeditious gathering and reporting of information and data between agencies and units of local government in accordance with cooperatively developed standards; (2) elect an executive committee, not to exceed seven members from its membership; (3) develop an annual plan, to include administration and evaluation of grants, in compliance with applicable rules; (4) provide technical information systems assistance or guidance to local governments for
development, implementation, and modification of automated
systems, including formation of consortiums for those systems;
and (5) appoint committees and task forces, which may
include persons other than council members, to assist the council
in carrying out its duties; (6) select an executive director
to serve the council and employ any other necessary employees,
all of whom serve in the classified state civil service; (7) if
necessary, contract for professional and other similar services;
and (8) work with the information policy office to ensure that
information systems developed by state agencies that impact local
government will be reviewed by the council.
Sec. 65. [16B.485] [INTERFUND LOANS.]
The commissioner may, with the approval of the commissioner of finance, make loans from an internal service or enterprise fund to another internal service or enterprise fund.
Sec. 66. Minnesota Statutes 1994, section 16D.02, is amended by adding a subdivision to read:
Subd. 8. [ENTERPRISE.] "Enterprise" means the Minnesota collection enterprise, a separate unit established to carry out the provisions of this chapter, pursuant to the commissioner's authority to contract with the commissioner of revenue for collection services under section 16D.04, subdivision 1.
Sec. 67. Minnesota Statutes 1994, section 16D.04, subdivision 1, is amended to read:
Subdivision 1. [DUTIES.] The commissioner shall provide services to the state and its agencies to collect debts owed the state. The commissioner is not a collection agency as defined by section 332.31, subdivision 3, and is not licensed, bonded, or regulated by the commissioner of commerce under sections 332.31 to 332.35 or 332.38 to 332.45. The commissioner is subject to section 332.37, except clause (9) or (10). The commissioner may contract with the commissioner of revenue for collection services, and may delegate to the commissioner of revenue any of the commissioner's duties and powers under this chapter. Debts referred to the commissioner of revenue for collection under this section or section 256.9792 may in turn be referred by the commissioner of revenue to the enterprise. An audited financial statement may not be required as a condition of debt placement with a private agency if the private agency: (1) has errors and omissions coverage under a professional liability policy in an amount of at least $1,000,000; or (2) has a fidelity bond to cover actions of its employees, in an amount of at least $100,000. In cases of debts referred under section 256.9792, the provisions of this chapter and section 256.9792 apply to the extent they are not in conflict. If they are in conflict, the provisions of section 256.9792 control. For purposes of this chapter, the referring agency for such debts remains the department of human services.
Sec. 68. Minnesota Statutes 1994, section 16D.04, subdivision 3, is amended to read:
Subd. 3. [SERVICES.] The commissioner shall provide collection
services for a state agency, and may provide for collection
services for the University of Minnesota or a court,
any of the other entities described in section 16D.02,
subdivision 6, in accordance with the terms and conditions of
a signed debt qualification plan.
Sec. 69. Minnesota Statutes 1994, section 16D.06, is amended to read:
16D.06 [DEBTOR INFORMATION.]
Subdivision 1. [ACCESS TO GOVERNMENT DATA NOT PUBLIC.] Notwithstanding chapter 13 or any other state law classifying or restricting access to government data, upon request from the commissioner or the attorney general, state agencies, political subdivisions, and statewide systems shall disseminate not public data to the commissioner or the attorney general for the sole purpose of collecting debt. Not public data disseminated under this subdivision is limited to financial data of the debtor or data related to the location of the debtor or the assets of the debtor.
Subd. 2. [DISCLOSURE OF DATA.] Data received, collected, created, or maintained by the commissioner or the attorney general to collect debts are classified as private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9. The commissioner or the attorney general may disclose not public data:
(1) under section 13.05;
(2) under court order;
(3) under a statute specifically authorizing access to the not public data;
(4) to provide notices required or permitted by statute;
(5) to an agent of the commissioner, including a law enforcement person, attorney, or investigator acting for the commissioner in the investigation or prosecution of a criminal or civil proceeding relating to collection of a debt;
(6) to report names of debtors, amount of debt, date of debt,
and the agency to whom debt is owed to credit bureaus and
private collection agencies under contract with the
commissioner; and
(7) when necessary to locate the debtor, locate the assets of the debtor, or to enforce or implement the collection of a debt; and
(8) to the commissioner of revenue for tax administration purposes.
The commissioner and the attorney general may not disclose data that is not public to a private collection agency or other entity with whom the commissioner has contracted under section 16D.04, subdivision 4, unless disclosure is otherwise authorized by law.
Sec. 70. Minnesota Statutes 1994, section 16D.08, subdivision 2, is amended to read:
Subd. 2. [POWERS.] In addition to the collection remedies available to private collection agencies in this state, the commissioner, with legal assistance from the attorney general, may utilize any statutory authority granted to a referring agency for purposes of collecting debt owed to that referring agency. The commissioner may also use the tax collection remedies of the commissioner of revenue in sections 270.06, clauses (7) and (17), excluding the power to subpoena witnesses; 270.66; 270.69, excluding subdivisions 7 and 13; 270.70, excluding subdivision 14; 270.7001 to 270.72; and 290.92, subdivision 23, except that a continuous wage levy under section 290.92, subdivision 23, is only effective for 70 days, unless no competing wage garnishments, executions, or levies are served within the 70-day period, in which case a wage levy is continuous until a competing garnishment, execution, or levy is served in the second or a succeeding 70-day period, in which case a continuous wage levy is effective for the remainder of that period. A debtor who qualifies for cancellation of the collection penalty under section 16D.11, subdivision 3, clause (1), can apply to the commissioner for reduction or release of a continuous wage levy, if the debtor establishes that he or she needs all or a portion of the wages being levied upon to pay for essential living expenses, such as food, clothing, shelter, medical care, or expenses necessary for maintaining employment. The commissioner's determination not to reduce or release a continuous wage levy is appealable to district court. The word "tax" or "taxes" when used in the tax collection statutes listed in this subdivision also means debts referred under this chapter. For debts other than state taxes or child support, before any of the tax collection remedies listed in this subdivision can be used, except for the remedies in section 270.06, clauses (7) and (17), if the referring agency has not already obtained a judgment or filed a lien, the commissioner must first obtain a judgment against the debtor.
Sec. 71. [16D.11] [COLLECTION PENALTY.]
Subdivision 1. [IMPOSITION AS DETERMINED BY THE COMMISSIONER.] A penalty shall be added to the debts referred to the commissioner or private collection agency for collection. The penalty is collectible by the commissioner or private collection agency from the debtor at the same time and in the same manner as the referred debt. The referring agency shall advise the debtor of the penalty at the time the agency sends notice to the debtor under section 16D.07. If the commissioner or private collection agency collects an amount less than the total due, the payment is applied proportionally to the penalty and the underlying debt. Penalties collected under this subdivision or retained under subdivision 6 shall be deposited in the general fund as nondedicated receipts.
Subd. 2. [COMPUTATION.] Beginning July 1, 1995, at the time a debt is referred, the amount of the penalty is equal to 15 percent of the debt, or 25 percent of the debt remaining unpaid if the commissioner or private collection agency has to take enforced collection action by serving a summons and complaint on or entering judgment against the debtor, or by utilizing any of the remedies authorized under section 16D.08, subdivision 2, except for the remedies in sections 270.06, clause (7), and 270.66.
Subd. 3. [CANCELLATION.] The penalty imposed under subdivision 1 shall be canceled and subtracted from the amount due if:
(1) the debtor's household income as defined in section 290A.03, subdivision 5, excluding the exemption subtractions in subdivision 3, paragraph (3) of that section, for the 12 months preceding the date of referral is less than twice the annual federal poverty guideline under United States Code, title 42, section 9902, subsection (2);
(2) within 60 days after the first contact with the debtor by the enterprise, the debtor establishes reasonable cause for the failure to pay the debt prior to referral of the debt to the enterprise;
(3) a good faith dispute as to the legitimacy or the amount of the debt is made, and payment is remitted or a payment agreement is entered into within 30 days after resolution of the dispute;
(4) good faith litigation occurs and the debtor's position is substantially justified, and if the debtor does not totally prevail, the debt is paid or a payment agreement is entered into within 30 days after the judgment becomes final and nonappealable; or
(5) penalties have been added by the referring agency and are included in the amount of the referred debt.
Subd. 4. [APPEAL.] Decisions of the commissioner denying an application to cancel the penalty under subdivision 3 are subject to the contested case procedure under chapter 14.
Subd. 5. [REFUND.] If a penalty is collected and then canceled, the amount of the penalty shall be refunded to the debtor within 30 days. The amount necessary to pay the refunds is annually appropriated to the commissioner.
Subd. 6. [CHARGE TO REFERRING AGENCY.] If the penalty is canceled under subdivision 3, an amount equal to the penalty is retained by the commissioner from the debt collected, and is accounted for and subject to the same provisions of this chapter as if the penalty had been collected from the debtor.
Subd. 7. [ADJUSTMENT OF RATE.] By June 1 of each year, the commissioner shall determine the rate of the penalty for debts referred to the enterprise during the next fiscal year. The rate is a percentage of the debts in an amount that most nearly equals the costs of the enterprise necessary to process and collect referred debts under this chapter. In no event shall the rate of the penalty when a debt is first referred exceed three-fifths of the maximum penalty, and in no event shall the rate of the maximum penalty exceed 25 percent of the debt. Determination of the rate of the penalty under this section is not rulemaking under chapter 14, and is not subject to the fee setting requirements of section 16A.1285.
Sec. 72. [16D.12] [INTEREST.]
Subdivision 1. [AUTHORITY.] Unless otherwise provided by contract out of which the debt arises or by state or federal law, a state agency shall charge simple interest on debts owed to the state at the rate provided in subdivision 2 if notice has been given in accordance with this subdivision. Interest charged under this section begins to accrue on the 30th calendar day following the state agency's first written demand for payment that includes notification to the debtor that interest will begin to accrue on the debt in accordance with this section.
Subd. 2. [COMPUTATION.] Notwithstanding chapter 334, the rate of interest is the rate determined by the state court administrator under section 549.09, subdivision 1, paragraph (c).
Subd. 3. [EXCLUSION.] A state agency may not charge interest under this section on overpayments of assistance benefits under sections 256.031 to 256.0361, 256.72 to 256.87, chapters 256D and 256I, or the federal food stamp program. Notwithstanding this prohibition, any debts that have been reduced to judgment under these programs are subject to the interest charges provided under section 549.09.
Sec. 73. [16D.13] [VENUE.]
The commissioner or attorney general may bring an action to recover debts owed to the state in Ramsey county district court or Ramsey county conciliation court, or a district or conciliation court of any other county at the discretion of the state. Before bringing an action under this section in any county other than the county in which the defendant resides or where the cause of action arose, the commissioner or the attorney general must notify the debtor, by certified mail, of the intent to bring an action in the specified county and enclose a form for the debtor to use to request that the action be brought in the county of either the debtor's residence or the county where the cause of action arose. If the debtor, within 30 days of the receipt of the notice of intent to bring an action in a specified county, requests in writing that the action be brought in the county of either the debtor's residence or the county where the cause of action arose, that request must be granted by the commissioner or the attorney general, and any subsequent action must be venued in accordance with the request of the debtor. If the debtor does not make a timely request under this section, venue is as chosen by the commissioner or attorney general.
Sec. 74. [16D.14] [COMPROMISE OF DEBT.]
Unless expressly prohibited by other federal or state law, a state agency may compromise debts owed to the state, whether reduced to judgment or not, where the state agency determines that it is in the best interests of the state to do so.
Sec. 75. [16D.16] [SETOFFS.]
Subdivision 1. [AUTHORIZATION.] The commissioner or a state agency may automatically deduct the amount of a debt owed to the state from any state payment of $5,000 or more due to the debtor, except that funds exempt under section 550.37 or funds owed an individual who receives assistance under the provisions of chapter 256 are not subject to setoff. If a debtor has entered into a written payment plan with respect to payment of a specified debt, the right of setoff may not be used to satisfy that debt. Notwithstanding section 181.79, the state may deduct from the wages due or earned by a state employee to collect a debt, subject to the limitations in section 571.922.
Subd. 2. [NOTICE AND HEARING.] The commissioner or state agency shall mail written notice, by certified mail, to the debtor, addressed to the debtor's last known address, that the commissioner or state agency intends to set off a debt owed to the state by the debtor against future payments due the debtor from the state. The commissioner or state agency shall notify the debtor within ten days that a setoff has occurred. If the debt owed to the state has not been reduced to judgment or a lien, the notice to the debtor must indicate that the debtor has the right to make a written request for a contested case hearing on the validity of the debt or the right to setoff. The debtor has 30 days from the date of that notice to make a written request for a contested case hearing to contest the validity of the prejudgment debt or the right to setoff. The debtor's request must state the debtor's reasons for contesting the debt or the right to setoff. If the commissioner or state agency desires to pursue the right to setoff following receipt of the debtor's request for a hearing under this section, the commissioner or state agency shall schedule a contested case hearing within 30 days of the receipt of the request for the hearing. If the commissioner or state agency decides not to pursue the right to setoff, the debtor must be notified of that decision.
Sec. 76. [PILOT PROGRAM.]
The commissioner of finance shall initiate a pilot program to compare effectiveness and efficiencies of the Minnesota collection enterprise and private collection agencies. The commissioner shall issue a request for proposals and place at least $35,000,000 of state debt with private collection agencies no later than January 1, 1996. In placing debt with private collection agencies, the commissioner must consider the following factors in comparison to the enterprise: age and size of the debt, type of debt, and direct and indirect costs of collecting the debt. Eligible private collection agencies are those not currently under contract with the commissioner. The commissioner shall report back to the legislature by February 1, 1997.
Sec. 77. Minnesota Statutes 1994, section 43A.27, subdivision 3, is amended to read:
Subd. 3. [RETIRED EMPLOYEES.] A retired employee of the state who receives an annuity under a state retirement program or a retired employee of the state who is at least 50 years of age and has at least 15 years of state service may elect to purchase at personal expense individual and dependent hospital, medical, and dental coverages that are actuarially equivalent to those made available through collective bargaining agreements or plans established pursuant to section 43A.18 to employees in positions equivalent to that from which retired. A spouse of a deceased retired employee who received an annuity under a state retirement program may purchase the coverage listed in this subdivision if the spouse was a dependent under the retired employee's coverage at the time of the employee's death. Coverages must be coordinated with relevant health insurance benefits provided through the federally sponsored Medicare program. Until the retired employee reaches age 65, the retired employee and dependents must be pooled in the same group as active employees for purposes of establishing premiums and coverage for hospital, medical, and dental insurance. Coverage for retired employees and their dependents may not discriminate on the basis of evidence of insurability or preexisting conditions unless identical conditions are imposed on active employees in the group that the employee left. Appointing authorities shall provide notice to employees no later than the effective date of their retirement of the right to exercise the option provided in this subdivision. The retired employee must notify the commissioner or designee of the commissioner within 30 days after the effective date of the retirement of intent to exercise this option.
Sec. 78. Minnesota Statutes 1994, section 115C.02, is amended by adding a subdivision to read:
Subd. 6a. [FUND.] "Fund" means the petroleum tank release cleanup fund.
Sec. 79. Minnesota Statutes 1994, section 115C.08, subdivision 1, is amended to read:
Subdivision 1. [REVENUE SOURCES.] Revenue from the following
sources must be deposited in the state treasury and credited to a
petroleum tank release cleanup account in the
environmental fund:
(1) the proceeds of the fee imposed by subdivision 3;
(2) money recovered by the state under sections 115C.04, 115C.05, and 116.491, including administrative expenses, civil penalties, and money paid under an agreement, stipulation, or settlement;
(3) interest attributable to investment of money in the
account fund;
(4) money received by the board and agency in the form of
gifts, grants other than federal grants, reimbursements, or
appropriations from any source intended to be used for the
purposes of the account fund;
(5) fees charged for the operation of the tank installer certification program established under section 116.491; and
(6) money obtained from the return of reimbursements, civil penalties, or other board action under this chapter.
Sec. 80. Minnesota Statutes 1994, section 115C.08, subdivision 2, is amended to read:
Subd. 2. [IMPOSITION OF FEE.] The board shall notify the
commissioner of revenue if the unencumbered balance of the
account fund falls below $4,000,000, and within 60
days after receiving notice from the board, the commissioner of
revenue shall impose the fee established in subdivision 3 on the
use of a tank for four calendar months, with payment to be
submitted with each monthly distributor tax return.
Sec. 81. Minnesota Statutes 1994, section 115C.08, subdivision 4, is amended to read:
Subd. 4. [EXPENDITURES.] (a) Money in the account
fund may only be spent:
(1) to administer the petroleum tank release cleanup program established in this chapter;
(2) for agency administrative costs under sections 116.46 to 116.50, sections 115C.03 to 115C.06, and costs of corrective action taken by the agency under section 115C.03, including investigations;
(3) for costs of recovering expenses of corrective actions under section 115C.04;
(4) for training, certification, and rulemaking under sections 116.46 to 116.50;
(5) for agency administrative costs of enforcing rules governing the construction, installation, operation, and closure of aboveground and underground petroleum storage tanks;
(6) for reimbursement of the harmful substance compensation account under subdivision 5 and section 115B.26, subdivision 4; and
(7) for administrative and staff costs as set by the board to administer the petroleum tank release program established in this chapter.
(b) Money in the account fund is appropriated to
the board to make reimbursements or payments under this
section.
Sec. 82. Minnesota Statutes 1994, section 116G.15, is amended to read:
116G.15 [MISSISSIPPI RIVER CRITICAL AREA.]
(a) The federal Mississippi National River and Recreation Area established pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of critical concern in accordance with this chapter. The governor shall review the existing Mississippi river critical area plan and specify any additional standards and guidelines to affected communities in accordance with section 116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of the area pending the completion of the federal plan.
The results of an environmental impact statement prepared under chapter 116D and completed after July 1, 1994, for a proposed project that is located in the Mississippi river critical area north of the United States Army Corps of Engineers Lock and Dam Number One must be submitted in a report to the chairs of the environment and natural resources policy and finance committees of the house of representatives and the senate prior to the issuance of any state or local permits and the authorization for an issuance of any bonds for the project. A report made under this paragraph shall be submitted by the responsible governmental unit that prepared the environmental impact statement, and must list alternatives to the project that are determined by the environmental impact statement to be economically feasible and environmentally superior to the proposed project and identify any legislative actions that may assist in the implementation of environmentally superior alternatives. This paragraph does not apply to a proposed project to be carried out by the metropolitan council or a metropolitan agency as defined in section 473.121.
(b) If the results of an environmental impact statement required to be submitted by paragraph (a) indicate that there is an economically feasible and environmentally superior alternative, then no member agency of the environmental quality board shall issue a permit for the facility that is the subject of the environmental impact statement, nor shall any government bonds be issued for the facility, unless specifically authorized by the legislature.
Sec. 83. Minnesota Statutes 1994, section 197.05, is amended to read:
197.05 [FUND, HOW EXPENDED.]
The state soldiers' assistance fund shall be administered by the commissioner of veterans affairs and shall be used to locate and investigate the facts as to any citizen of Minnesota or resident alien residing in Minnesota who served in the military or naval forces of the United States and who is indigent or suffering from any disability whether acquired in the service or not; to assist the person and the person's dependents as hereinafter provided in establishing and proving any just claim the person may have against the United States government, or any other government or state for compensation, insurance, relief, or other benefits; to provide emergency hospitalization, treatment, maintenance, and relief for any person suffering from disability who was a bona fide resident of the state at the time the need arose and the person's dependents, as hereinafter provided; and to cooperate with other state, municipal, and county officials and civic or civilian agencies or organizations in carrying out the provisions of sections 197.01 to 197.07. The commissioner shall limit financial assistance to veterans and dependents to six months, unless recipients have been certified as ineligible for other benefit programs.
The fund is appropriated to be used in the manner determined by the commissioner of veterans affairs for these purposes.
Sec. 84. Minnesota Statutes 1994, section 240.011, is amended to read:
240.011 [APPOINTMENT OF DIRECTOR.]
The governor shall appoint the a director of
the Minnesota racing commission pari-mutuel racing,
who serves in the unclassified service at the governor's
pleasure. The director must be a person qualified by experience
in the administration and regulation of pari-mutuel racing to
discharge the duties of the director. The governor must
select a director from a list of one or more names submitted by
the Minnesota racing commission.
Sec. 85. Minnesota Statutes 1994, section 240.03, is amended to read:
240.03 [COMMISSION POWERS AND DUTIES.]
The commission director has the following powers
and duties:
(1) to regulate horse racing in Minnesota to ensure that it is conducted in the public interest;
(2) to issue licenses as provided in this chapter;
(3) to enforce all laws and rules governing horse racing;
(4) to collect and distribute all taxes provided for in this chapter;
(5) to conduct necessary investigations and inquiries and
compel the submission of information, documents, and records
it the director deems necessary to carry out
its the director's duties;
(6) to supervise the conduct of pari-mutuel betting on horse racing;
(7) to employ and supervise personnel under this chapter;
(8) to determine the number of racing days to be held in the state and at each licensed racetrack; and
(9) to take all necessary steps to ensure the integrity of racing in Minnesota.
Sec. 86. Minnesota Statutes 1994, section 240.04, is amended to read:
240.04 [EMPLOYEES.]
Subdivision 1. [DIRECTOR; DUTIES.] The director shall
perform the following duties:
(a) take and preserve records of all proceedings before the
commission, maintain its books, documents, and records, and make
them available for public inspection as the commission
directs;
(b) if so designated by the commission, act as a hearing
officer in hearings which need not be conducted under the
administrative procedure act to conduct hearings, receive
testimony and exhibits, and certify the record of proceedings to
the commission;
(c) act as the commission's chief personnel officer and
supervise the employment, conduct, duties, and discipline of
commission employees; and
(d) perform other duties as directed by the
commission.
Subd. 1a. [DEPUTY DIRECTOR.] The commission may appoint a
deputy director who serves in the unclassified service at the
commission's pleasure.
Subd. 2. [DIRECTOR OF PARI-MUTUELS.] The commission
director may employ a director of pari-mutuels who serves
in the unclassified service at the commission's
director's pleasure. The director of pari-mutuels shall
perform the following duties:
(a) supervise all forms of pari-mutuel betting on horse racing in the state;
(b) inspect all machinery;
(c) make reports on pari-mutuel betting as the
commission director directs;
(d) subject to commission director approval,
appoint assistants to perform duties the commission
director designates; and
(e) perform other duties as directed by the commission
director.
If no director of pari-mutuels is appointed the duties of
that office are assigned to the executive director. The
commission may contract with outside services or personnel to
assist the executive director in the performance of these
duties.
Subd. 3. [DIRECTOR OF RACING SECURITY.] The commission
director may appoint a director of racing security to
serve in the unclassified service at the commission's
director's pleasure. The director of racing security
shall enforce all laws and commission rules relating to
the security and integrity of racing. The director of racing
security and all other persons designated by the
commission director as security officers have free
and open access to all areas of all facilities the
commission director licenses and may search without
a search warrant any part of a licensed racetrack and the person
of any licensee of the commission director on the
premises. The director of racing security may order a licensee
to take, at the licensee's expense, security measures necessary
to protect the integrity of racing, but the order may be appealed
to the commission director. Nothing in this
chapter prohibits law enforcement authorities and agents from
entering, in the performance of their duties, a premises licensed
under Laws 1983, chapter 214.
If no director of racing security is appointed the duties of
that office are assigned to the executive director. The
commission may contract with outside services or personnel to
assist the executive director in the performance of these
duties.
Subd. 4. [VETERINARIAN.] The commission director
may appoint a veterinarian who must be a doctor of veterinary
medicine and who serves at its the director's
pleasure in the unclassified service. The veterinarian shall,
while employed by the commission director, perform
the following duties:
(a) supervise the formulation, administration, and evaluation
of all medical tests the commission's director's
rules require or authorize;
(b) advise the commission director on all aspects
of veterinary medicine relating to its the
director's powers and duties; and
(c) supervise all personnel involved in medical testing,
subject to the supervision of the executive director.
If no veterinarian is appointed, the duties of that office
may be assigned to the executive director. The commission may
contract with outside personnel to assist the executive director
in the performance of these duties.
The commission director may require that a
licensee reimburse it the state general fund for
the costs of services provided by assistant veterinarians.
Subd. 5. [OTHER EMPLOYEES.] Subject to applicable laws, the
commission director shall employ and assign duties
to other officers, employees, and agents as it the
director deems necessary to discharge its the
director's functions.
Subd. 6. [COMPENSATION.] The compensation of all
commission employees shall be as provided in chapter
43A.
Subd. 7. [ASSISTANCE.] The commission and director may
request assistance from any department or agency of the state in
fulfilling its the director's duties, and shall
make appropriate reimbursement for all such assistance.
Sec. 87. Minnesota Statutes 1994, section 240.155, subdivision 1, is amended to read:
Subdivision 1. [REIMBURSEMENT ACCOUNT CREDIT.] Money received
by the commission director as reimbursement for the
costs of services provided by assistant veterinarians
and, stewards, and medical testing of
horses, must be deposited in the state treasury and credited
to a racing commission reimbursement account, except as
provided under subdivision 2. Receipts are appropriated to the
commission director to pay the costs of providing
the services.
Sec. 88. Minnesota Statutes 1994, section 240.24, subdivision 3, is amended to read:
Subd. 3. [FEES.] The commission director shall
establish by rule a fee or schedule of fees to recover the costs
of medical testing of horses running at racetracks licensed by
the commission director. Fees charged for the
testing of horses shall cover the cost of the medical testing
laboratory. Fee receipts shall be deposited in the state
treasury and credited to the general fund racing
reimbursement account.
Sec. 89. Minnesota Statutes 1994, section 240.28, is amended to read:
240.28 [CONFLICT OF INTEREST.]
Subdivision 1. [FINANCIAL INTEREST.] No person may serve
on as director or be employed by the
commission director who has an interest in any
corporation, association, or partnership which holds a license
from the commission director or which holds a
contract to supply goods or services to a licensee or at a
licensed racetrack, including concessions contracts. No
member or Neither the director nor an employee of the
commission director may own, wholly or in part, or
have an interest in a horse which races at a licensed racetrack
in Minnesota. No member or Neither the director nor
an employee of the commission director may have
a financial interest in or be employed in a profession or
business which conflicts with the performance of duties as a
member director or employee.
Subd. 2. [BETTING.] No member or Neither the
director nor an employee of the commission
director may bet or cause a bet to be made on a race at a
licensed racetrack while serving on or being employed by the
commission. No person appointed or approved by the
director as a steward may bet or cause a bet to be made at a
licensed racetrack during a racing meeting at which the person is
serving as a steward. The commission director
shall by rule prescribe such restrictions on betting by
its director's licensees as it the
director deems necessary to protect the integrity of
racing.
Subd. 3. [VIOLATION.] A violation of subdivisions 1 and 2 is
grounds for removal from the commission as director
or termination of employment. A bet made directly or indirectly
by a licensee in violation of a rule made by the
commission director under subdivision 2 is grounds
for suspension or revocation of the license.
Sec. 90. [240.30] [COMMISSION ABOLISHED.]
The Minnesota racing commission is abolished on July 1, 1995. The terms of all members of the commission serving on that date expire on that date. All powers, duties, and responsibilities of the commission are transferred to the director of pari-mutuel racing.
Sec. 91. [240A.081] [ALLOCATION OF DATES.]
In each year in which the state makes a $750,000 appropriation under section 240A.08, out of the total of 50 dates per year allocated to the amateur sports commission under section 240A.08, the metropolitan sports facilities commission must make available to the amateur sports commission at least 20 dates at the Metrodome.
Sec. 92. Minnesota Statutes 1994, section 240A.09, is amended to read:
240A.09 [PLAN DEVELOPMENT; CRITERIA.]
The Minnesota amateur sports commission shall develop a plan to promote the development of proposals for new statewide public ice facilities including proposals for ice centers and matching grants based on the criteria in this section.
(a) For ice center proposals, the commission will give priority
to proposals that come from more than one local government unit
and that, in the metropolitan area as defined in section
473.121, subdivision 2, involve construction of more than
three at least two ice sheets in a single facility.
(b) The Minnesota amateur sports commission shall
administer a site selection process for the ice centers. The
commission shall invite proposals from cities or counties or
consortia of cities. A proposal for an ice center must include
matching contributions including in-kind contributions of land,
access roadways and access roadway improvements, and necessary
utility services, landscaping, and parking.
(c) Proposals for ice centers and matching grants must provide for meeting the demand for ice time for female groups by offering up to 50 percent of prime ice time, as needed, to female groups. For purposes of this section, prime ice time means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.
(d) The location for all proposed facilities must be in areas of maximum demonstrated interest and must maximize accessibility to an arterial highway.
(e) To the extent possible, all proposed facilities must be dispersed equitably and must be located to maximize potential for full utilization and profitable operation.
(f) The Minnesota amateur sports commission may also use
the funds to upgrade current facilities, purchase girls' ice
time, or conduct amateur women's hockey and other ice sport
tournaments.
(g) To the extent possible, 50 percent of all grants must be awarded to communities in greater Minnesota.
(h) To the extent possible, technical assistance shall be provided to Minnesota communities by the commission on ice arena planning, design, and operation, including the marketing of ice time.
(i) The commission may use funds for rehabilitation and renovation grants. Priority must be given to grant applications for indoor air quality improvements, including zero emission ice resurfacing equipment.
(j) At least ten percent of the grant funds must be used for ice centers designed for sports other than hockey.
Sec. 93. Minnesota Statutes 1994, section 240A.10, is amended to read:
240A.10 [AGREEMENTS.]
Subdivision 1. [ICE ARENA FACILITIES.] The Minnesota amateur sports commission may enter into agreements with local units of government and provide financial assistance in the form of grants for the construction of ice arena facilities that in the determination of the commission, conform to its criteria.
Subd. 2. [EQUIPMENT; REVOLVING FUND.] The commission may enter into cooperative purchasing agreements under section 471.59 with local governments to purchase ice arena equipment and services through state contracts. The cooperative ice arena equipment purchasing revolving fund is a separate account in the state treasury. The commission may charge a fee to cover the commission's administrative expenses to government units that have joint or cooperative purchasing agreements with the state under section 471.59. The fees collected must be deposited in the revolving fund established by this subdivision. Money in the fund is appropriated to the commission to administer the programs and services covered by this subdivision.
Sec. 94. Minnesota Statutes 1994, section 299L.02, subdivision 2, is amended to read:
Subd. 2. [GAMBLING.] The director shall:
(1) conduct background investigations of applicants for licensing as a manufacturer or distributor of gambling equipment or as a bingo hall under chapter 349; and
(2) when requested by the director of lawful gambling
control, or when the director believes it to be reasonable
and necessary, inspect the premises of a licensee under chapter
349 to determine compliance with law and with the rules of the
board director of lawful gambling, or to conduct an
audit of the accounts, books, records, or other documents
required to be kept by the licensee.
The director may charge applicants under clause (1) a reasonable fee to cover the costs of the investigation.
Sec. 95. Minnesota Statutes 1994, section 349.12, subdivision 10, is amended to read:
Subd. 10. [DIRECTOR.] "Director" is the director of the
lawful gambling control board.
Sec. 96. Minnesota Statutes 1994, section 349.151, is amended to read:
349.151 [DIRECTOR OF LAWFUL GAMBLING CONTROL
BOARD.]
Subdivision 1. [BOARD CREATED.] The gambling control board
is created with the powers and duties established by subdivision
4.
Subd. 2. [MEMBERSHIP.] (a) On and after July 1, 1991, the
board consists of seven members, as follows: (1) those members
appointed by the governor before July 1, 1991, whose terms expire
June 30, 1992, June 30, 1993, and June 30, 1994; (2) one member
appointed by the governor for a term expiring June 30, 1994; (3)
one member appointed by the commissioner of public safety for a
term expiring June 30, 1995; and (4) one member appointed by the
attorney general for a term expiring June 30, 1995.
(b) All appointments under this subdivision are with the
advice and consent of the senate.
(c) After expiration of the initial terms, appointments are
for four years.
(d) The board shall select one of its members to serve as
chair. No more than three members appointed by the governor
under this subdivision may belong to the same political
party.
Subd. 3a. [COMPENSATION.] The compensation of board members
is as provided in section 15.0575, subdivision 3.
Subd. 3b. [DIRECTOR.] A director of lawful gambling shall be appointed by the governor with the advice and consent of the senate. The director serves in the unclassified service at the pleasure of the governor.
Subd. 4. [POWERS AND DUTIES.] (a) The board
director has the following powers and duties:
(1) to regulate lawful gambling to ensure it is conducted in the public interest;
(2) to issue licenses to organizations, distributors, bingo halls, manufacturers, and gambling managers;
(3) to collect and deposit license, permit, and registration fees due under this chapter;
(4) to receive reports required by this chapter and inspect all premises, records, books, and other documents of organizations, distributors, manufacturers, and bingo halls to insure compliance with all applicable laws and rules;
(5) to make rules authorized by this chapter;
(6) to register gambling equipment and issue registration stamps;
(7) to provide by rule for the mandatory posting by organizations conducting lawful gambling of rules of play and the odds and/or house percentage on each form of lawful gambling;
(8) to report annually to the governor and legislature on
its the director's activities and on recommended
changes in the laws governing gambling;
(9) to impose civil penalties of not more than $500 per
violation on organizations, distributors, manufacturers, bingo
halls, and gambling managers for failure to comply with any
provision of this chapter or any rule or order of the
board director;
(10) to issue premises permits to organizations licensed to conduct lawful gambling;
(11) to delegate to the director the authority to issue or
deny license and premises permit applications and renewals under
criteria established by the board;
(12) to suspend or revoke licenses and premises permits
of organizations, distributors, manufacturers, bingo halls, or
gambling managers as provided in this chapter;
(13) (12) to register employees of organizations
licensed to conduct lawful gambling;
(14) (13) to require fingerprints from persons
determined by board rule to be subject to
fingerprinting;
(15) to delegate to a compliance review group of the board
the authority to investigate alleged violations, issue consent
orders, and initiate contested cases on behalf of the
board;
(16) (14) to order organizations, distributors,
manufacturers, bingo halls, and gambling managers to take
corrective actions; and
(17) (15) to take all necessary steps to ensure
the integrity of and public confidence in lawful gambling.
(b) The board, or director if authorized to act on
behalf of the board, may by citation assess any organization,
distributor, manufacturer, bingo hall licensee, or gambling
manager a civil penalty of not more than $500 per violation for a
failure to comply with any provision of this chapter or any rule
adopted or order issued by the board director. Any
organization, distributor, bingo hall licensee, gambling manager,
or manufacturer assessed a civil penalty under this paragraph may
request a hearing before the board director.
Appeals of citations imposing a civil penalty are not subject to
the provisions of the administrative procedure act.
(c) All fees and penalties received by the board
director must be deposited in the general fund.
Subd. 4a. [PADDLEWHEEL RULES.] The board shall
promulgate rules governing paddlewheels before July 1,
1992. The rules must provide for operation procedures,
internal control standards, posted information, records, and
reports.
Subd. 4b. [PULL-TAB SALES FROM DISPENSING DEVICES.] (a) The
board director may by rule authorize but not
require the use of pull-tab dispensing devices.
(b) Rules adopted under paragraph (a):
(1) must limit the number of pull-tab dispensing devices on any permitted premises to three;
(2) must limit the use of pull-tab dispensing devices to a permitted premises which is (i) a licensed premises for on-sales of intoxicating liquor or 3.2 percent malt beverages or (ii) a licensed bingo hall that allows gambling only by persons 18 years or older; and
(3) must prohibit the use of pull-tab dispensing devices at any licensed premises where pull-tabs are sold other than through a pull-tab dispensing device by an employee of the organization who is also the lessor or an employee of the lessor.
(c) The director shall deposit in a separate account in the state treasury all money the director receives as reimbursement for the costs of services provided by independent testing laboratories that have entered into contracts with the state to perform testing and analysis of pull-tab dispensing devices. Money in the account is appropriated to the director to pay the costs of services under those contracts.
Subd. 5. [ATTORNEY GENERAL.] The attorney general is the
attorney for the board director.
Subd. 7. [ORDERS.] The board director may order
any person subject to its the director's
jurisdiction who has violated this chapter or a board rule
or order to take appropriate action to correct the violation.
Subd. 8. [CRIMINAL HISTORY.] The board director
may request the director of gambling enforcement to assist in
investigating the background of an applicant for a license under
this chapter, and the director of gambling enforcement may bill
the license applicant for the cost thereof. The board
director has access to all criminal history data compiled
by the division of gambling enforcement on licensees and
applicants.
Subd. 9. [RESPONSE TO REQUESTS.] An applicant, licensee, or
other person subject to the board's director's
jurisdiction must:
(1) comply with requests for information or documents, or other
requests, from the board or director within the time
specified in the request or, if no time is specified, within 30
days of the date the board or director mails the request;
and
(2) appear before the board or director when requested
to do so, and must bring documents or materials requested by the
board or director.
Subd. 10. [PRODUCTION OF EVIDENCE.] For the purpose of any
investigation, inspection, compliance review, audit, or
proceeding under this chapter, the board or director may
(1) administer oaths and affirmations, (2) subpoena witnesses and
compel their attendance, (3) take evidence, and (4) require the
production of books, papers, correspondence, memoranda,
agreements, or other documents or records that the board
or director determines are relevant or material to the
inquiry.
Subd. 11. [COURT ORDERS.] In the event of a refusal to appear
by, or refusal to obey a subpoena issued to, any person under
this chapter, the district court may on application of the
board or director issue to the person an order directing
the person to appear before the board or director, and to
produce documentary evidence if so ordered or to give evidence
relating to the matter under investigation or in question.
Failure to obey such an order may be punished by the court as
contempt of court.
Subd. 12. [ACCESS.] The board or director has free
access during normal business hours to the offices and places of
business of licensees or organizations conducting excluded or
exempt gambling, and to all books, accounts, papers, records,
files, safes, and vaults maintained in the places of business or
required to be maintained.
Subd. 13. [RULEMAKING.] In addition to any authority to adopt
rules specifically authorized under this chapter, the
board director may adopt, amend, or repeal rules,
including emergency rules, under chapter 14, when necessary or
proper in discharging the board's director's powers
and duties.
Sec. 97. Minnesota Statutes 1994, section 349.153, is amended to read:
349.153 [CONFLICT OF INTEREST.]
(a) A person may not serve on the board, be the
director, or be an employee of the board director,
who has an interest in any corporation, association, limited
liability company, or partnership that is licensed by the
board director as a distributor, manufacturer, or a
bingo hall under section 349.164.
(b) A member of the board, The director, or an
employee of the board director may not accept
employment with, receive compensation directly or indirectly
from, or enter into a contractual relationship with an
organization that conducts lawful gambling, a distributor, a
bingo hall or a manufacturer while serving as the director or
while employed with or a member of the board by the
director, or within one year after terminating employment
with or leaving the board office.
(c) A distributor, bingo hall, manufacturer, or organization
licensed to conduct lawful gambling may not hire the director
or a former employee, director, or member of the gambling
control board of the office for one year after the
employee, or director, or member has
terminated employment with or left the gambling control
board service as director or employee.
Sec. 98. [349.24] [BOARD ABOLISHED.]
The gambling control board is abolished on July 1, 1995. The terms of all members serving on the board on that date expire on that date. All powers, duties, and responsibilities of the board are transferred to the director of lawful gambling.
Sec. 99. Minnesota Statutes 1994, section 349A.02, subdivision 1, is amended to read:
Subdivision 1. [DIRECTOR.] A state lottery is established
under the supervision and control of the director of the state
lottery appointed by the governor with the advice and consent of
the senate. The governor shall appoint the director from a
list of at least three persons recommended to the governor by the
board. The director must be qualified by experience and
training to supervise the lottery. The director serves in the
unclassified service. The annual salary rate authorized for the
director is equal to 80 percent of the salary rate prescribed for
the governor as of the effective date of Laws 1993, chapter
146.
Sec. 100. Minnesota Statutes 1994, section 349A.03, is amended by adding a subdivision to read:
Subd. 4. [BOARD ABOLISHED.] The board is abolished on July 1, 1995. The terms of all members of the board serving on that date expire on that date.
Sec. 101. Minnesota Statutes 1994, section 349A.04, is amended to read:
349A.04 [LOTTERY GAME PROCEDURES.]
The director may adopt game procedures governing the following elements of the lottery:
(1) lottery games;
(2) ticket prices;
(3) number and size of prizes;
(4) methods of selecting winning tickets; and
(5) frequency and method of drawings.
The adoption of lottery game procedures is not subject to
chapter 14. Before adopting a lottery game procedure, the
director shall submit the procedure to the board for its review
and comment.
Sec. 102. Minnesota Statutes 1994, section 349A.05, is amended to read:
349A.05 [RULES.]
The director may adopt rules, including emergency rules, under chapter 14 governing the following elements of the lottery:
(1) the number and types of lottery retailers' locations;
(2) qualifications of lottery retailers and application procedures for lottery retailer contracts;
(3) investigation of lottery retailer applicants;
(4) appeal procedures for denial, suspension, or cancellation of lottery retailer contracts;
(5) compensation of lottery retailers;
(6) accounting for and deposit of lottery revenues by lottery retailers;
(7) procedures for issuing lottery procurement contracts and for the investigation of bidders on those contracts;
(8) payment of prizes;
(9) procedures needed to ensure the integrity and security of the lottery; and
(10) other rules the director considers necessary for the efficient operation and administration of the lottery.
Before adopting a rule the director shall submit the rule to
the board for its review and comment.
Sec. 103. Minnesota Statutes 1994, section 349A.06, subdivision 2, is amended to read:
Subd. 2. [QUALIFICATIONS.] (a) The director may not contract with a retailer who:
(1) is under the age of 18;
(2) is in business solely as a seller of lottery tickets;
(3) owes $500 or more in delinquent taxes as defined in section 270.72;
(4) has been convicted within the previous five years of a felony or gross misdemeanor, any crime involving fraud or misrepresentation, or a gambling-related offense;
(5) is a member of the immediate family, residing in the same
household, as the director, board member, or any employee
of the lottery;
(6) in the director's judgment does not have the financial stability or responsibility to act as a lottery retailer, or whose contracting as a lottery retailer would adversely affect the public health, welfare, and safety, or endanger the security and integrity of the lottery; or
(7) is a currency exchange, as defined in section 53A.01.
A contract entered into before August 1, 1990, which violates clause (7) may continue in effect until its expiration but may not be renewed.
(b) An organization, firm, partnership, or corporation that has a stockholder who owns more than five percent of the business or the stock of the corporation, an officer, or director, that does not meet the requirements of paragraph (a), clause (4), is not eligible to be a lottery retailer under this section.
(c) The restrictions under paragraph (a), clause (4), do not apply to an organization, partnership, or corporation if the director determines that the organization, partnership, or firm has terminated its relationship with the individual whose actions directly contributed to the disqualification under this subdivision.
Sec. 104. Minnesota Statutes 1994, section 349A.08, subdivision 5, is amended to read:
Subd. 5. [PAYMENT; UNCLAIMED PRIZES.] A prize in the state
lottery must be claimed by the winner within one year of the date
of the drawing at which the prize was awarded or the last day
sales were authorized for a game where a prize was determined in
a manner other than by means of a drawing. If a valid claim is
not made for a prize payable directly by the lottery by the end
of this period, the unclaimed prize money must be added by the
director to prize pools of subsequent lottery games the
prize money is considered unclaimed and the winner of the
prize shall have no further claim to the prize. A prize won by a
person who purchased the winning ticket in violation of section
349A.12, subdivision 1, or won by a person ineligible to be
awarded a prize under subdivision 7 must be treated as an
unclaimed prize under this section. The director shall
deposit 70 percent of all unclaimed prize money at the end of
each fiscal year in the state treasury for credit to the general
fund.
Sec. 105. Minnesota Statutes 1994, section 349A.08, subdivision 7, is amended to read:
Subd. 7. [PAYMENTS PROHIBITED.] (a) No prize may be paid to
a member of the board, the director or an employee of the
lottery, or a member of their families residing in the same
household of the member, director, or
employee. No prize may be paid to an officer or employee of a vendor which at the time the game or drawing was being conducted was involved with providing goods or services to the lottery under a lottery procurement contract.
(b) No prize may be paid for a stolen, altered, or fraudulent ticket.
Sec. 106. Minnesota Statutes 1994, section 349A.10, is amended by adding a subdivision to read:
Subd. 7. [TRANSFER OF CASH BALANCES.] (a) At the end of each business day the director shall transfer to the commissioner of finance from the lottery prize fund all amounts that the director determines are not required for immediate use by the lottery prize fund. The commissioner shall deposit all amounts so received in the general fund to be credited to the budget reserve and cash flow account.
(b) The director shall notify the commissioner of finance whenever the director determines that money transferred under paragraph (a) is required for the immediate use of the lottery prize fund. Upon receiving such a notification the commissioner shall transfer the amount identified in the notification. Amounts necessary to make transfers under this paragraph are appropriated from the general fund to the commissioner.
Sec. 107. Minnesota Statutes 1994, section 349A.11, is amended to read:
349A.11 [CONFLICT OF INTEREST.]
(a) The director, a board member, an employee of the
lottery, a member of the immediate family of the director,
board member, or employee residing in the same household may
not:
(1) purchase a lottery ticket;
(2) have any personal pecuniary interest in any vendor holding a lottery procurement contract, or in any lottery retailer; or
(3) receive any gift, gratuity, or other thing of value, excluding food or beverage, from any lottery vendor or lottery retailer, or person applying to be a retailer or vendor, in excess of $100 in any calendar year.
(b) A violation of paragraph (a), clause (1), is a misdemeanor. A violation of paragraph (a), clause (2), is a gross misdemeanor. A violation of paragraph (a), clause (3), is a misdemeanor unless the gift, gratuity, or other item of value received has a value in excess of $500, in which case a violation is a gross misdemeanor.
(c) The director or an unclassified employee of the lottery may not, within one year of terminating employment with the lottery, accept employment with, act as an agent or attorney for, or otherwise represent any person, corporation, or entity that had any lottery procurement contract or bid for a lottery procurement contract with the lottery within a period of two years prior to the termination of their employment. A violation of this paragraph is a misdemeanor.
Sec. 108. Minnesota Statutes 1994, section 349A.12, subdivision 4, is amended to read:
Subd. 4. [LOTTERY RETAILERS AND VENDORS.] A person who is a
lottery retailer, or is applying to be a lottery retailer, a
person applying for a contract with the director, or a person
under contract with the director to supply goods or services to
lottery may not pay, give, or make any economic opportunity,
gift, loan, gratuity, special discount, favor, hospitality, or
service, excluding food or beverage, having an aggregate value of
over $100 in any calendar year to the director, board
member, employee of the lottery, or to a member of the
immediate family residing in the same household as that
person.
Sec. 109. [DIRECTORS.]
The directors of the Minnesota racing commission and gambling control board on the effective date of this section continue in the positions of director of pari-mutuel racing and lawful gambling, respectively, in the unclassified service.
Sec. 110. Minnesota Statutes 1994, section 352.15, subdivision 3, is amended to read:
Subd. 3. [DEDUCTING HEALTH INSURANCE PREMIUMS.] The board may direct, at its discretion, the deduction of a retiree's health or dental insurance premiums and transfer of the amounts to a health or dental insurance carrier covering state employees. The insurance carrier must certify that the retired employee has signed an authorization
for the deduction and provide a computer readable roster of covered retirees and amounts. The health or dental insurance carrier must refund deductions withheld from a retiree's check in error directly to the retiree. The board shall require the insurance carrier to reimburse the fund for the administrative expense of withholding the premium amounts. The insurance carrier shall assume liability for any failure of the system to properly withhold the premium amounts.
Sec. 111. Minnesota Statutes 1994, section 462.358, subdivision 2b, is amended to read:
Subd. 2b. [DEDICATION.] The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements.
In addition, the regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided that (a) the municipality may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision.
Sec. 112. Minnesota Statutes 1994, section 465.795, subdivision 7, is amended to read:
Subd. 7. [SCOPE.] As used in sections 465.795 to 465.799 and
sections 465.801 to 465.87 465.88, the terms
defined in this section have the meanings given them.
Sec. 113. Minnesota Statutes 1994, section 465.796, subdivision 2, is amended to read:
Subd. 2. [DUTIES OF BOARD.] The board shall:
(1) accept applications from local government units for waivers
of administrative rules and temporary, limited exemptions from
enforcement of procedural requirements in state law as
provided in section 465.797, and determine whether to approve,
modify, or reject the application;
(2) accept applications for grants to local government units and related organizations proposing to design models or plans for innovative service delivery and management as provided in section 465.798 and determine whether to approve, modify, or reject the application;
(3) accept applications from local government units for financial assistance to enable them to plan for cooperative efforts as provided in section 465.799, and determine whether to approve, modify, or reject the application;
(4) accept applications from eligible local government units for service-sharing grants as provided in section 465.801, and determine whether to approve, modify, or reject the application;
(5) accept applications from counties, cities, and towns
proposing to combine under sections 465.81 to 465.87, and
determine whether to approve or disapprove the application;
and
(6) make recommendations to the legislature for the authorization of pilot projects for the implementation of innovative service delivery activities that require statutory authorization;
(7) make recommendations to the legislature regarding
the elimination of state mandates that inhibit local government
efficiency, innovation, and cooperation. by prescribing
specific processes for achieving a desired outcome;
(8) investigate and review the role of unfunded state mandates in intergovernmental relations and assess their impact on state and local government objectives and responsibilities;
(9) make recommendations to the governor and the legislature regarding:
(i) allowing flexibility for local units of government in complying with specific unfunded state mandates for which terms of compliance are unnecessarily rigid or complex;
(ii) reconciling any two or more unfunded state mandates which impose contradictory or inconsistent requirements;
(iii) terminating unfunded state mandates which are duplicative, obsolete, or lacking in practical utility;
(iv) suspending, on a temporary basis, unfunded state mandates which are not vital to public health and safety and which compound the fiscal difficulties of local units of government, including recommendations for triggering such suspension;
(v) consolidating or simplifying unfunded state mandate, or the planning or reporting requirements of such mandates, in order to reduce duplication and facilitate compliance by local units of government with those mandates; and
(vi) establishing common state definitions or standards to be used by local units of government in complying with unfunded state mandates that use different definitions or standards for the same terms or principles; and
(10) identification of relevant unfunded state mandates.
Each recommendation under clause (9) shall, to the extent practicable, identify the specific unfunded state mandates to which the recommendation applies. The heads of state agencies responsible for the promulgation or enforcement of the unfunded mandates addressed in clauses (7) to (10) shall assign staff to assist the board in carrying out the board's duties under this section.
The board may purchase services from the metropolitan council
in reviewing requests for waivers and grant applications.
Sec. 114. [REPORT.]
The board shall prepare and distribute a report to the governor and legislature by November 15, 1995, containing recommended legislation to accomplish the goals of Minnesota Statutes, section 465.796, subdivision 2, clauses (8) to (10).
Sec. 115. Minnesota Statutes 1994, section 465.797, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] (a) Except as provided in
paragraph (b), a local government unit may request the board of
government innovation and cooperation to grant a waiver from one
or more administrative rules or a temporary, limited exemption
from enforcement of state procedural laws governing delivery
of services by the local government unit. Two or more local
government units may submit a joint application for a waiver
or exemption under this section if they propose to
cooperate in providing a service or program that is subject to
the rule or law. Before submitting an application to the
board, the governing body of the local government unit must
approve, in concept, the proposed waiver or exemption at a
meeting required to be public under section 471.705. A local
government unit or two or more units acting jointly may apply for
a waiver or exemption on behalf of a nonprofit
organization providing services to clients whose costs are paid
by the unit or units. A waiver or exemption granted to a
nonprofit organization under this section applies to services
provided to all the organization's clients.
(b) A school district that is granted a variance from rules of the state board of education under section 121.11, subdivision 12, need not apply to the board for a waiver of those rules under this section. A school district may not seek a waiver of rules under this section if the state board of education has authority to grant a variance to the rules under section 121.11, subdivision 12. This paragraph does not preclude a school district from being included in a cooperative effort with another local government unit under this section.
Sec. 116. Minnesota Statutes 1994, section 465.797, subdivision 2, is amended to read:
Subd. 2. [APPLICATION.] A local government unit requesting a
waiver of a rule or exemption from enforcement of a law
under this section shall present a written application to the
board. The application must include:
(1) identification of the service or program at issue;
(2) identification of the administrative rule or the law
imposing a procedural requirement with respect to which the
waiver or exemption is sought; and
(3) a description of the improved service outcome sought,
including an explanation of the effect of the waiver or
exemption in accomplishing that outcome.
A copy of the application must be provided by the requesting
local government unit to the exclusive representative certified
under section 179A.12 to represent employees who provide the
service or program affected by the requested waiver or
exemption.
Sec. 117. Minnesota Statutes 1994, section 465.797, subdivision 3, is amended to read:
Subd. 3. [REVIEW PROCESS.] (a) Upon receipt of an application
from a local government unit, the board shall review the
application. The board shall dismiss an application if it finds
that the application proposes a waiver of rules or exemption
from enforcement of laws that would result in due process
violations, violations of federal law or the state or federal
constitution, or the loss of services to people who are entitled
to them.
(b) The board shall determine whether a law from which an
exemption for enforcement is sought is a procedural law,
specifying how a local government unit is to achieve an outcome,
rather than a substantive law prescribing the outcome or
otherwise establishing policy. In making its determination, the
board shall consider whether the law specifies such requirements
as:
(1) who must deliver a service;
(2) where the service must be delivered;
(3) to whom and in what form reports regarding the service
must be made; and
(4) how long or how often the service must be made available
to a given recipient.
(c) If the commissioner of finance, the commissioner of
administration, or the state auditor has jurisdiction over a rule
or law affected by an application, the chief
administrative law judge, as soon as practicable after receipt of
the application, shall designate a third administrative law judge
to serve as a member of the board in place of that official while
the board is deciding whether to grant the waiver or
exemption.
(d) (c) If the application is submitted by a
local government unit in the metropolitan area or the unit
requests a waiver of a rule or temporary, limited exemptions
from enforcement of a procedural law over which the
metropolitan council or a metropolitan agency has jurisdiction,
the board shall also transmit a copy of the application to the
council for review and comment. The council shall report its
comments to the board within 60 days of the date the application
was transmitted to the council. The council may point out any
resources or technical assistance it may be able to provide a
local government submitting a request under this section.
(e) (d) Within 15 days after receipt of the
application, the board shall transmit a copy of it to the
commissioner of each agency having jurisdiction over a rule or
law from which a waiver or exemption is sought. The
agency may mail a notice that it has received an application for
a waiver or exemption to all persons who have registered
with the agency under section 14.14, subdivision 1a, identifying
the rule or law from which a waiver or exemption is
requested. If no agency has jurisdiction over the rule or
law, the board shall transmit a copy of the application to
the attorney general. The agency shall inform the board of its
agreement with or objection to and grounds for objection to the
waiver or exemption request within 60 days of the date
when the application was transmitted to it. An agency's failure
to do so is considered agreement to the waiver or
exemption. The board shall decide whether to grant a waiver
or exemption at its next regularly scheduled meeting
following its receipt of an agency's response or the end of the
60-day response period. If consideration of an application is
not concluded at that meeting, the matter may be carried over to
the next meeting of the board. Interested persons may submit
written comments to the board on the waiver or exemption
request up to the time of its vote on the application.
(f) If the exclusive representative of the affected employees
of the requesting local government unit objects to the waiver
or exemption request it may inform the board of the
objection to and the grounds for the objection to the waiver
or exemption request within 60 days of the receipt of the
application.
Sec. 118. Minnesota Statutes 1994, section 465.797, subdivision 4, is amended to read:
Subd. 4. [HEARING.] If the agency or the exclusive
representative does not agree with the waiver or exemption
request, the board shall set a date for a hearing on the
application. The hearing must be conducted informally at a
meeting of the board. Persons representing the local government
unit shall present their case for the waiver or exemption,
and persons representing the agency shall explain the agency's
objection to it. Members of the board may request additional
information from either party. The board may also request,
either before or at the hearing, information or comments from
representatives of business, labor, local governments, state
agencies, consultants, and members of the public. If necessary,
the hearing may be continued at a subsequent board meeting. A
waiver or exemption must be granted by a vote of a
majority of the board members. The board may modify the terms of
the waiver or exemption request in arriving at the
agreement required under subdivision 5.
Sec. 119. Minnesota Statutes 1994, section 465.797, subdivision 5, is amended to read:
Subd. 5. [CONDITIONS OF AGREEMENTS.] (a) If the board
grants a request for a waiver or exemption, the board and
the local government unit shall enter into an agreement providing
for the delivery of the service or program that is the subject of
the application. The agreement must specify desired outcomes and
the means of measurement by which the board will determine
whether the outcomes specified in the agreement have been met.
The agreement must specify the duration of the waiver or
exemption, which may be for no less than two years and no
more than four years, subject to renewal if both parties
agree.
(b) If the board grants a waiver from enforcement of a rule, it must report this waiver to the legislature including the chairs of the governmental operations and appropriate policy committees in the house and senate, and governor within 30 days.
(c) The board may reconsider or renegotiate the
agreement if the rule or law affected by the waiver or
exemption is amended or repealed during the term of the
original agreement. A waiver of a rule under this section has the
effect of a variance granted by an agency under section 14.05,
subdivision 4. A local unit of government that is granted an
exemption from enforcement of a procedural requirement in state
law under this section is exempt from that law for the duration
of the exemption. The board may require periodic reports
from the local government unit, or conduct investigations of the
service or program.
Sec. 120. Minnesota Statutes 1994, section 465.797, subdivision 6, is amended to read:
Subd. 6. [ENFORCEMENT.] If the board finds that the local
government unit is failing to comply with the terms of the
agreement under subdivision 5, it may rescind the agreement. Upon
the rescission, the local unit of government becomes subject to
the rules and laws covered by the agreement.
Sec. 121. Minnesota Statutes 1994, section 465.798, is amended to read:
465.798 [SERVICE BUDGET MANAGEMENT MODEL GRANTS.]
One or more local units of governments, an association of local governments, the metropolitan council, a local unit of government acting in conjunction with an organization or a state agency, or an organization established by two or more local units of government under a joint powers agreement may apply to the board of government innovation and management for a grant to be used to develop models for innovative service budget management. The application to the board must state what other sources of funding have been considered by the local units of government to implement the project and explain why it is not possible to complete the project without assistance from the board. The board may not award a grant if it determines that the local units of government could complete the project without board assistance. A copy of the application must be provided by the units to the exclusive representatives certified under section 179A.12 to represent employees who provide the service or program affected by the application.
Proposed models may provide options to local governments, neighborhood or community organizations, or individuals for managing budgets for service delivery. A copy of the work product for which the grant was provided must be furnished to the board upon completion, and the board may disseminate it to other local units of government or interested groups. If the board finds that the model was not completed or implemented according to the terms of the grant agreement, it may require the grantee to repay all or a portion of the grant. The board shall award grants on the basis of each qualified applicant's score under the scoring system in section 465.802. The amount of a grant under this section may not exceed $50,000.
Sec. 122. Minnesota Statutes 1994, section 465.799, is amended to read:
465.799 [COOPERATION PLANNING GRANTS.]
Two or more local government units; an association of local governments; a local unit of government acting in conjunction with the metropolitan council, an organization, or a state agency; or an organization formed by two or more local units of government under a joint powers agreement may apply to the board of government innovation and cooperation for a grant to be used to develop a plan for intergovernmental cooperation in providing services. The application to the board must state what other sources of funding have been considered by the local units of government to implement the project and explain why it is not possible to complete the project without assistance from the board. The board may not award a grant if it determines that the local units of government could complete the project without board assistance. A copy of the application must be submitted by the applicants to the exclusive representatives certified under section 179A.12 to represent employees who provide the service or program affected by the application.
The plan may include model contracts or agreements to be used to implement the plan. A copy of the work product for which the grant was provided must be furnished to the board upon completion, and the board may disseminate it to other local units of government or interested groups. If the board finds that the grantee has failed to implement the plan according to the terms of the agreement, it may require the grantee to repay all or a portion of the grant. The board shall award grants on the basis of each qualified applicant's score under the scoring system in section 465.802. The amount of a grant under this section may not exceed $50,000.
Sec. 123. Minnesota Statutes 1994, section 465.801, is amended to read:
465.801 [SERVICE SHARING GRANTS.]
Two or more local units of government; an association of local governments; a local unit of government acting in conjunction with the metropolitan council, an organization, or a state agency; or an organization established by two or more local units of government under a joint powers agreement may apply to the board of government innovation and cooperation for a grant to be used to meet the start-up costs of providing shared services or functions. Agreements solely to make joint purchases are not sufficient to qualify under this section. The application to the board must state what other sources of funding have been considered by the local units of government to implement the project and explain why it is not possible to complete the project without assistance from the board. The board may not award a grant if it determines that the local units of government could complete the project without board assistance. A copy of the application must be provided by the applicants to the exclusive representatives certified under section 179A.12 to represent employees who provide the service or program affected by the application.
The proposal must include plans fully to integrate a service or function provided by two or more local government units. A copy of the work product for which the grant was provided must be furnished to the board upon completion, and the board may disseminate it to other local units of government or interested groups. If the board finds that the grantee has failed to implement the plan according to the terms of the agreement, it may require the grantee to repay all or a portion of the grant. The board shall award grants on the basis of each qualified applicant's score under the scoring system in section 465.802. The amount of a grant under this section may not exceed $100,000.
Sec. 124. Minnesota Statutes 1994, section 465.81, subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] Sections 465.81 to 465.87 establish
procedures to be used by counties, cities, or towns that adopt by
resolution an agreement providing a plan to provide combined
services during an initial two-year cooperation period
that may not exceed two years and then to merge into a
single unit of government over the succeeding two-year period.
Sec. 125. Minnesota Statutes 1994, section 465.82, subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF PLAN.] The plan shall must
state:
(1) the specific cooperative activities the units will engage in during the first two years of the venture;
(2) the steps to be taken to effect the merger of the
governmental units, beginning in the third year of the
process, with completion no later than four years after the
process begins;
(3) the steps by which a single governing body will be
created. Notwithstanding any other law to the contrary, all
current members of the governing bodies of the local government
units that propose to combine under sections 465.81 to 465.87 may
serve on the initial governing body of the combined unit, until a
gradual reduction in membership is achieved by foregoing election
of new members when terms expire until the number permitted by
other law is reached;
(4) changes in services provided, facilities used, administrative operations and staffing to effect the preliminary cooperative activities and the final merger;
(5) treatment of employees of the merging governmental units, specifically including provisions for reassigning employees, dealing with unions, and providing financial incentives to encourage early retirements;
(6) financial arrangements for the merger, specifically including responsibility for debt service on outstanding obligations of the merging entities;
(7) two, five, and ten-year projections prepared by the department of revenue at the request of the local government unit, of revenues, expenditures, and property taxes for each unit if it combined and if it remained separate;
(8) procedures for a referendum to be held prior to the year
of before the proposed combination to approve
combining the local government units, specifically stating
whether a majority of those voting in each district proposed for
combination or a majority of those voting on the question in the
entire area proposed for combination would be needed to pass the
referendum; and
(9) a time schedule for implementation.
Notwithstanding clause (3) or any other law to the contrary, all current members of the governing bodies of the local governmental units that propose to combine under sections 465.81 to 465.87 may serve on the initial governing body of the combined unit until a gradual reduction in membership is achieved by foregoing election of new members when terms expire until the number permitted by other law is reached.
Sec. 126. Minnesota Statutes 1994, section 465.84, is amended to read:
465.84 [REFERENDUM.]
During the first or second year of cooperation, and after
approval of the plan by the department board under
section 465.83, a referendum on the question of combination
shall must be conducted. The referendum
shall must be on a date called by the governing
bodies of the units that propose to combine. The referendum
shall must be conducted according to the Minnesota
election law, as defined in section 200.01. If the referendum
fails, the same question or a modified question may be submitted
the following year. If the referendum fails again, the same
question may not be submitted. Referendums shall be conducted on
the same date in all local government units.
Sec. 127. Minnesota Statutes 1994, section 465.85, is amended to read:
465.85 [COUNTY AUDITOR TO PREPARE PLAT.]
Upon the request of two or more local government units that
have adopted a resolution to cooperate and combine, the county
auditor shall prepare a plat. If the proposed combined local
government unit is located in more than one county, the request
shall must be submitted to the county auditor of
the county that has the greatest land area in the proposed
district. The plat must show:
(1) the boundaries of each of the present units;
(2) the boundaries of the proposed unit;
(3) the boundaries of proposed election districts, if requested; and
(4) other information deemed pertinent by the governing bodies or the county auditor.
Sec. 128. Minnesota Statutes 1994, section 465.87, is amended to read:
465.87 [AIDS TO COOPERATING AND COMBINING UNITS.]
Subdivision 1. [ELIGIBILITY.] A local government unit is eligible to apply for aid under this section if the board has approved its plan to cooperate and combine under section 465.83.
Subd. 1a. [ADDITIONAL ELIGIBILITY.] A local government unit is eligible to apply for aid under this section if it has combined with another unit of government in accordance with any process within chapter 414 that results in the elimination of at least one local government unit and a copy of the municipal board's order combining the two units of government is forwarded to the board. If two units of government cooperate in the orderly annexation of the entire area of a third unit of government which has a population of at least 8,000 people, the two units of government are each eligible for the amount of aid specified in subdivision 2.
Subd. 1b. [APPLICATION PROCEDURES.] A local government unit covered by subdivision 1 may submit an application to the board along with the final plan for cooperation and combination required by section 465.83. A local government unit covered by subdivision 1a may submit an application to the board after the issuance of the municipal board's order combining the two units of government. The application must be on a form prescribed by the board and must specify the total amount of aid requested up to the maximum authorized by subdivision 2. The application must also include a detailed explanation of the need for the aid and provide a budget indicating how the requested aid would be used.
Subd. 1c. [AID AWARD.] The board may grant or deny an application for aid made by a local government under subdivision 1b. The board may also grant aid to an applicant in an amount that is less than the amount requested by the applicant. The board shall base its decision on the following criteria:
(1) whether the local government unit has adequately demonstrated that the requested aid is essential to accomplishing the proposed combination;
(2) whether the activities to be funded by the requested aid are directly related to the combination;
(3) whether other sources of funding for the activities identified in the application, including short-term cost savings, are available to the applicant as a direct result of the combination; and
(4) whether there are competing needs for the funding available to the board that would provide a greater public benefit than would be realized by the combination or activities described in the application.
The board may award money to an applicant for a period not to exceed four years. Any funding awarded for a period beyond the biennium in which an award is made, however, is contingent on future appropriations to the board.
Subd. 2. [AMOUNT OF AID.] The annual amount of aid to
be paid to each eligible local government unit is equal to
may not exceed the following per capita amounts, based on
the combined population of the units, not to exceed $100,000
per year for any unit as estimated by the state
demographer, or $100,000, whichever is less.
Combined Population Aid
after Combination Per Capita
0 - 2,500 $25
2,500 - 5,000 20
5,000 - 20,000 15
over 20,000 10
Payments shall must be made on the dates provided
for payments of local government aid under section 477A.013,
beginning in the year during which substantial cooperative
activities under the plan initially occur, unless those
activities begin after July 1, in which case the initial aid
payment shall must be made in the following
calendar year. Payments to a local government unit that
qualifies for aid pursuant to subdivision 1a must be made on the
dates provided for payments of local government aids under
section 477A.013, beginning in the calendar year during which a
combination in any form is expected to be ordered by the
Minnesota municipal board as evidenced in a resolution adopted by
July 1 by the affected local government units declaring their
intent to combine. The resolutions must certify that the
combination agreement addressing all issues relative to the
combination is substantially complete. The total amount of aid
paid may not exceed the amount appropriated to the board for
purposes of this section.
Subd. 3. [TERMINATION OF AID; RECAPTURE.] If a second
referendum under section 465.84 fails, or if an initial
referendum fails and the governing body does not schedule a
second referendum within one year after the first has failed, or
if one or more of the local government units that proposed to
combine terminates its participation in the cooperation or
combination, no additional aid will may be paid
under this section. The amount previously paid under this
section to a unit must be repaid if the governing body of the
unit acts to terminate its current level of participation in the
plan. The amount previously paid to the unit must be repaid in
annual installments equal to the total amount paid to the unit
for all years under subdivision subdivisions 1c and
2, divided by the number of years when payments were made.
Sec. 129. [465.88] [PLANNING AID FOR CONSOLIDATION STUDIES.]
Two local units of government with a combined population of 2,500 or less based on the most recent decennial census, may apply to the board of aid to assist in the study of a possible consolidation or combination. To be eligible for receipt of aid under this section, the two local units of government must be subject to a municipal board motion to form a consolidation commission pursuant to section 414.041, subdivision 2, or the governing bodies of the local units of government must have approved a resolution expressing their intent to develop and submit a combination plan for consideration by the board. The application must be on a form prescribed by the board and must provide a proposed budget detailing how the requested aid shall be used. The governing bodies of the local units of government must also approve resolutions certifying that the requested aid is essential for paying a portion of the costs associated with the consolidation or combination study. The board may grant up to $10,000 in aid for each application received.
Sec. 130. Minnesota Statutes 1994, section 473.129, is amended by adding a subdivision to read:
Subd. 2a. [CONTRACT CONDITIONS; REPORTING.] The metropolitan council shall provide conditions for its professional and technical service contracts that are equivalent to the conditions required for state contracts under section 16B.17.
Sec. 131. Minnesota Statutes 1994, section 491A.01, subdivision 8, is amended to read:
Subd. 8. [JURISDICTION; MULTIPLE DEFENDANTS
VENUE.] The conciliation court also has
jurisdiction to determine a civil action commenced against
two one or more defendants in the county in which
one or more of the defendants resides or where the cause of
action, or some part thereof, arose. Counterclaims may be
commenced in the county where the original action was
commenced.
Sec. 132. Minnesota Statutes 1994, section 491A.02, subdivision 4, is amended to read:
Subd. 4. [REPRESENTATION.] (a) A corporation, partnership, limited liability company, sole proprietorship, or association may be represented in conciliation court by an officer, manager, or partner or an agent in the case of a condominium, cooperative, or townhouse association, or may appoint a natural person who is an employee or commercial property manager to appear on its behalf or settle a claim in conciliation court. The state or a political subdivision of the state may be represented in conciliation court by an employee of the pertinent governmental unit without written authorization required. This representation does not constitute the practice of law for purposes of section 481.02, subdivision 8. In the case of an officer, employee, commercial property manager, or agent of a condominium, cooperative, or townhouse association, an authorized power of attorney, corporate authorization resolution, corporate bylaw, or other evidence of authority acceptable to the court must be filed with the claim or presented at the hearing. This subdivision also applies to appearances in district court by a corporation or limited liability company with five or fewer shareholders or members and to any condominium, cooperative, or townhouse association, if the action was removed from conciliation court.
(b) "Commercial property manager" means a corporation, partnership, or limited liability company or its employees who are hired by the owner of commercial real estate to perform a broad range of administrative duties at the property including tenant relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant disputes, and related matters. In order to appear in conciliation court, a property manager's employees must possess a real estate license under section 82.20 and be authorized by the owner of the property to settle all disputes with tenants and others within the jurisdictional limits of conciliation court.
(c) A commercial property manager who is appointed to settle a claim in conciliation court may not charge or collect a separate fee for services rendered under paragraph (a).
Sec. 133. Laws 1991, chapter 235, article 5, section 3, is amended to read:
Sec. 3. [REPEALER.]
Section 1, subdivision 2, is repealed effective July 1,
1995 1999.
Sec. 134. [METROPOLITAN COUNCIL.]
During the biennium ending June 30, 1997, the amount of nonfederal funds spent by the metropolitan council on professional or technical service contracts, as defined in Minnesota Statutes, section 16B.17, may not exceed 90 percent of the amount of nonfederal funds that the metropolitan council, the metropolitan transit commission, the metropolitan waste control commission, and the regional transit board spent on these contracts during the biennium from July 1, 1993, to June 30, 1995. For purposes of this section, professional or technical service contracts do not include contracts for construction.
Sec. 135. [LEGISLATIVE AUDITOR.]
The legislative audit commission shall consider directing the legislative auditor to conduct a follow-up study of agency contracting and compliance with laws governing contracting.
Sec. 136. [VOLUNTARY UNPAID LEAVE OF ABSENCE.]
Appointing authorities in state government shall encourage each employee to take an unpaid leave of absence for up to 160 hours during the period ending June 30, 1997. Each appointing authority approving such a leave shall allow the employee to continue accruing vacation and sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and accrue service credit in state retirement plans permitting service credits for authorized leaves of absence as if the employee had actually been employed during the time of the leave. If the leave of absence is for one full pay period or longer, any holiday pay shall be included in the first payroll warrant after return from the leave of absence. The appointing authority shall attempt to grant requests for unpaid leaves of absence consistent with the need to continue efficient operation of the agency. However, each appointing authority shall retain discretion to grant or refuse to grant requests for leaves of absence and to schedule and cancel leaves, subject to applicable provisions of collective bargaining agreements and compensation plans. Any cost savings resulting from this section cancel to the fund from which the money was saved. It is anticipated that this section will result in savings to the general fund of $400,000 in each year of the biennium ending June 30, 1997.
Sec. 137. [SPENDING LIMITATION ON CONTRACTS.]
(a) During the biennium ending June 30, 1997, the aggregate amount spent by all departments or agencies defined in Minnesota Statutes, section 15.91, subdivision 1, on professional or technical service contracts may not exceed 90 percent of the aggregate amount these departments or agencies spent on these contracts during the biennium from July 1, 1993, to June 30, 1995. For purposes of this section, professional or technical service contracts are as defined in Minnesota Statutes, section 16B.17, but do not include contracts for highway construction or maintenance, contracts between state agencies, contracts paid for from insurance trust funds, gift and deposit funds, capital projects funds, or federal funds, contracts that are entered into in connection with the agency's distribution of grant funds, or contracts entered into under Minnesota Statutes, section 16B.35. The governor or a designated official must limit or disapprove proposed contracts as necessary to comply with this section.
(b) During the biennium ending June 30, 1997, the amount spent by (1) the house of representatives; (2) the senate; and (3) the legislative coordinating commission and all groups under its jurisdiction, from direct-appropriated funds on professional or technical service contracts may not exceed 90 percent of the amount spent on these contracts from direct-appropriated funds during the biennium from July 1, 1993, to June 30, 1995. Each entity listed in clauses (1), (2), and (3) of this paragraph must be treated separately for purposes of determining compliance with this paragraph, except that the legislative coordinating commission and all groups under its jurisdiction must be treated as one unit. For purposes of this paragraph, "professional or technical service contract" has the meaning defined in section 16B.17, but does not include contracts for actuarial services entered into by the legislative commission on pensions and retirement, or contracts with other legislative or state executive agencies. The house of representatives committee on rules and legislative administration, the senate committee on rules and administration, and the legislative coordinating commission must each determine the amount of the reduction to be made under this paragraph. The amounts appropriated to the house of representatives, the senate, and the legislative coordinating commission and groups under its jurisdiction by other law are reduced by the amount of the reductions determined under this paragraph. The reductions may be made either in fiscal year 1996 or fiscal year 1997.
Sec. 138. [STUDY ON CONSOLIDATING COUNTIES AND RATIONALIZING OTHER INTERNAL BOUNDARIES.]
The board of government innovation and cooperation shall study the feasibility of consolidating counties in the state. As part of the study, the board shall consider conforming county boundaries to other existing physical or organizational boundaries including, among others, state judicial districts, and shall consider the economic implications that may result from the consolidation.
The study shall also include a consideration of the rationalization of other internal boundaries of the state such as highway maintenance and regional economic districts.
The board shall report on the study to the appropriate committees of the legislature by January 1, 1997.
Sec. 139. [CONSTITUTIONAL OFFICERS.]
A constitutional officer need not get the approval of the commissioner of finance but must notify the committee on finance of the senate and the committee on ways and means of the house of representatives and the commissioner of finance before making a transfer between programs in the same fund.
Sec. 140. [REVISOR INSTRUCTION.]
(a) The revisor of statutes shall change the term "account," where it refers to the petroleum tank release cleanup account, to "fund" in the following sections of Minnesota Statutes: 115B.26, 115C.03, 115C.08, 115C.09, 115C.10, 115C.11, 115E.11, and 135A.045, and in the headnote of section 115C.08.
(b) The revisor of statutes shall make the following changes in Minnesota Statutes, and similar changes in Minnesota Statutes and Rules, and conforming stylistic changes, to conform to legislative intent as expressed in this act:
(1) "commission" to "director," and "racing commission" to "director of pari-mutuel racing," in Minnesota Statutes, section 240.01, subdivisions 9, 10, and 16; 240.05; 240.06; 240.07; 240.08; 240.09; 240.10; 240.12; 240.13; 240.14; 240.15; 240.155; 240.16; 240.17; 240.18; 240.19; 240.20; 240.21; 240.22; 240.23; 240.24; 240.25; 240.27; 240.29; 299L.01, subdivision 4; 299L.02, subdivision 3; and 299L.03, subdivision 3;
(2) "board" to "director," and "gambling control board" to "director of lawful gambling," in Minnesota Statutes, section 297E.02, subdivision 2 and 7; 299L.03, subdivision 4; 349.12, subdivisions 3, 3a, and 25; 349.15; 349.154; 349.155; 349.16; 349.161; 349.162; 349.163; 349.164; 349.1641; 349.165; 349.166; 349.167; 349.168; 349.169; 349.17; 349.172; 349.18; 349.19; 349.191; 349.211; 349.2123; 349.2125; 349.2127; and 349.213.
(c) In the next and subsequent editions of Minnesota Statutes, the revisor shall substitute the term "legislative coordinating commission" for the term "legislative commission on employee relations" in the following sections of Minnesota Statutes: 15A.081, subdivisions 1, 7, and 7b; 43A.04, subdivisions 7 and 9; 43A.05, subdivisions 3, 5, and 6; 43A.06, subdivision 4; 43A.17, subdivision 9; 43A.18, subdivisions 2, 3, 3a, 4, 4a, and 5; 43A.191, subdivision 3; 43A.31, subdivision 2; 179A.18; and 252.50, subdivision 11.
Sec. 141. [REPEALER.]
(a) Minnesota Statutes 1994, section 115C.02, subdivision 1a, is repealed.
(b) Minnesota Statutes 1994, section 240.01, subdivision 4; 240.02; 240.04, subdivision 1 and 1a; 349.12, subdivision 6; 349.152, subdivisions 1 and 2; 349A.01, subdivision 2; and 349A.02, subdivision 8, are repealed.
(c) Minnesota Statutes 1994, sections 1.22; 3.841; 3.842; 3.843; 3.844; 3.845; 3.846; 3.855, subdivision 1; 3.873; 3.885; and 3.887, are repealed.
Sec. 142. [EFFECTIVE DATES.]
Subdivision 1. [DEBT COLLECTION.] Sections 44, 66, 67, 68, 69, 74, and 132 are effective the day following final enactment. Section 70 is effective for debts previously referred or referred on or after the day following final enactment.
Subd. 2. [REVISOR.] Section 42 is effective July 1, 1997.
Subd. 3. [1995 APPROPRIATIONS.] Sections 36 and 37 are effective the day following final enactment.
Subd. 4. [AMATEUR SPORTS COMMISSION.] Sections 92, 93, and 111 are effective the day following final enactment.
Subd. 5. [RETIRED EMPLOYEES.] Section 77 applies to people who retire on or after the effective date of that section.
Section 1. Minnesota Statutes 1994, section 16B.59, is amended to read:
16B.59 [STATE BUILDING CODE; POLICY AND PURPOSE.]
The state building code governs the construction,
reconstruction, alteration, and repair of state-owned
buildings and other structures to which the code is applicable.
The commissioner shall administer and amend a state code of
building construction which will provide basic and uniform
performance standards, establish reasonable safeguards for
health, safety, welfare, comfort, and security of the residents
of this state and provide for the use of modern methods, devices,
materials, and techniques which will in part tend to lower
construction costs. The construction of buildings should be
permitted at the least possible cost consistent with recognized
standards of health and safety.
Sec. 2. Minnesota Statutes 1994, section 16B.60, subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purposes of sections 16B.59 to
16B.73 16B.75, the terms defined in this section
have the meanings given them.
Sec. 3. Minnesota Statutes 1994, section 16B.60, subdivision 4, is amended to read:
Subd. 4. [CODE.] "Code" means the state building code adopted
by the commissioner in accordance with sections 16B.59 to
16B.73 16B.75.
Sec. 4. Minnesota Statutes 1994, section 16B.61, subdivision 1, is amended to read:
Subdivision 1. [ADOPTION OF CODE.] Subject to sections 16B.59
to 16B.73 16B.75, the commissioner shall by rule
establish a code of standards for the construction,
reconstruction, alteration, and repair of state-owned
buildings, governing matters of structural materials, design and
construction, fire protection, health, sanitation, and safety.
The code must conform insofar as practicable to model building
codes generally accepted and in use throughout the United States.
In the preparation of the code, consideration must be given to
the existing statewide specialty codes presently in use in the
state. Model codes with necessary modifications and statewide
specialty codes may be adopted by reference. The code must be
based on the application of scientific principles, approved
tests, and professional judgment. To the extent possible, the
code must be adopted in terms of desired results instead of the
means of achieving those results, avoiding wherever possible the
incorporation of specifications of particular methods or
materials. To that end the code must encourage the use of new
methods and new materials. Except as otherwise provided in
sections 16B.59 to 16B.73 16B.75, the commissioner
shall administer and enforce the provisions of those sections.
Sec. 5. Minnesota Statutes 1994, section 16B.61, subdivision 1a, is amended to read:
Subd. 1a. [ADMINISTRATION BY COMMISSIONER.] The commissioner shall administer and enforce the state building code as a municipality with respect to public buildings and state licensed facilities in the state. The commissioner shall establish appropriate permit, plan review, and inspection fees for public buildings and state licensed facilities. Fees and surcharges for public buildings and state licensed facilities must be remitted to the commissioner, who shall deposit them in the state treasury for credit to the special revenue fund.
Municipalities other than the state having a contractual agreement with the commissioner for code administration and enforcement service for public buildings and state licensed facilities shall charge their customary fees, including surcharge, to be paid directly to the contractual jurisdiction by the applicant seeking authorization to construct a public building or a state licensed facility. The commissioner shall contract with a municipality other than the state for plan review, code administration, and code enforcement service for public buildings and state licensed facilities in the contractual jurisdiction if the building officials of the municipality meet the requirements of section 16B.65 and wish to provide those services and if the commissioner determines that the municipality has enough adequately trained and qualified building inspectors to provide those services for the construction project.
The commissioner shall administer and enforce the provisions of the code relating to elevators statewide, except as provided for under section 183.357, subdivision 3.
Sec. 6. Minnesota Statutes 1994, section 16B.61, subdivision 2, is amended to read:
Subd. 2. [ENFORCEMENT BY CERTAIN BODIES.] Under the direction
and supervision of the commissioner, the provisions of the code
relating to electrical installations shall be enforced by the
state board of electricity, pursuant to the Minnesota electrical
act, the provisions relating to plumbing shall be enforced by the
commissioner of health, the provisions relating to fire
protection the Minnesota uniform fire code shall be
enforced by the state fire marshal, the provisions relating to
high pressure steam piping and appurtenances and elevators
shall be enforced by the department of labor and industry, and
the code as applied to public school buildings shall be enforced
by the state board of education. Fees for inspections
conducted by the state board of electricity shall be paid in
accordance with the rules of the state board of electricity.
Sec. 7. Minnesota Statutes 1994, section 16B.61, subdivision 5, is amended to read:
Subd. 5. [ACCESSIBILITY.] (a) [PUBLIC BUILDINGS.] The code must provide for making public buildings constructed or remodeled after July 1, 1963, accessible to and usable by physically handicapped persons, although this does not require the remodeling of public buildings solely to provide accessibility and usability to the physically handicapped when remodeling would not otherwise be undertaken.
(b) [LEASED SPACE.] No agency of the state may lease space for agency operations in a non-state-owned building unless the building satisfies the requirements of the state building code for accessibility by the physically handicapped, or is eligible to display the state symbol of accessibility. This limitation applies to leases of 30 days or more for space of at least 1,000 square feet.
(c) [MEETINGS OR CONFERENCES.] Meetings or conferences for the public or for state employees which are sponsored in whole or in part by a state agency must be held in buildings that meet the state building code requirements relating to accessibility for physically handicapped persons. This subdivision does not apply to any classes, seminars, or training programs offered by a state university, the University of Minnesota, or a state community college. Meetings or conferences intended for specific individuals none of whom need the accessibility features for handicapped persons specified in the state building code need not comply with this subdivision unless a handicapped person gives reasonable advance notice of an intent to attend the meeting or conference. When sign language interpreters will be provided, meetings or conference sites must be chosen which allow hearing impaired participants to see their signing clearly.
(d) [EXEMPTIONS.] The commissioner may grant an exemption from the requirements of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts were made to secure facilities which complied with those requirements and if the selected facilities are the best available for access for handicapped persons. Exemptions shall be granted using criteria developed by the commissioner in consultation with the council on disability.
(e) [SYMBOL INDICATING ACCESS.] The wheelchair symbol adopted
by Rehabilitation International's Eleventh World Congress is the
state symbol indicating buildings, facilities, and grounds which
are accessible to and usable by handicapped persons. In the
interests of uniformity, this symbol in its white on blue
format is the sole symbol for display in or on all public or
private buildings, facilities, and grounds which qualify for its
use. The secretary of state shall obtain the symbol and keep it
on file. No building, facility, or grounds may display the
symbol unless it is in compliance with the rules adopted by the
commissioner under subdivision 1. Before any rules are proposed
for adoption under this paragraph, the commissioner shall consult
with the council on disability. Rules adopted under this
paragraph must be enforced in the same way as other accessibility
rules of the state building code.
(f) [MUNICIPAL ENFORCEMENT.] Municipalities which have not adopted the state building code may enforce the building code requirements for handicapped persons by either entering into a joint powers agreement for enforcement with another municipality which has adopted the state building code; or contracting for enforcement with an individual certified under section 16B.65, subdivision 3, to enforce the state building code.
(g) [EQUIPMENT ALLOWED.] The code must allow the use of vertical wheelchair lifts and inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair lift must be equipped with light or sound signaling device for use during operation of the lift. The stairway or ramp shall be marked in a bright color that clearly indicates the outside edge of the lift when in operation. The code shall not require a guardrail between the lift and the stairway or ramp. Compliance with this provision by itself does not mean other handicap accessibility requirements have been met.
Sec. 8. Minnesota Statutes 1994, section 16B.63, subdivision 3, is amended to read:
Subd. 3. [POWERS AND DUTIES.] The state building official may,
with the approval of the commissioner, employ personnel necessary
to carry out the inspector's function under sections 16B.59 to
16B.73 16B.75. The state building official shall
distribute without charge one copy of the code to each
municipality within the state. Additional copies shall be made
available to municipalities and interested parties for a fee
prescribed by the commissioner. The state building official
shall perform other duties in administering the code assigned by
the commissioner.
Sec. 9. Minnesota Statutes 1994, section 16B.65, subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENTS.] The governing body of each
municipality shall, unless other means are already provided,
appoint a person building official to administer
the code who shall be known as a building official. Two
or more municipalities may combine in the appointment of a single
building official for the purpose of administering the provisions
of the code within their communities. In those municipalities
for which no building officials have been appointed, the state
building inspector, with the approval of the commissioner, may
appoint building officials to serve until the municipalities have
made an appointment. If unable to make an appointment, the state
building inspector may use whichever state employees or state
agencies are necessary to perform the duties of the building
official. All costs incurred by virtue of an appointment by the
state building inspector or services rendered by state employees
must be borne by the involved municipality. Receipts arising
from the appointment must be paid into the state treasury and
credited to the general fund.
Sec. 10. Minnesota Statutes 1994, section 16B.65, subdivision 3, is amended to read:
Subd. 3. [CERTIFICATION.] The commissioner shall:
(1) prepare and conduct written and practical examinations to determine if a person is qualified pursuant to subdivision 2 to be a building official;
(2) accept documentation of successful completion of testing programs developed by nationally recognized testing agencies, as proof of qualification pursuant to subdivision 2; or
(3) determine qualifications by both clauses (1) and (2).
Upon a determination of qualification under clause (1), (2), or both of them, the commissioner shall issue a certificate to the building official stating that the official is certified. Each person applying for examination and certification pursuant to this section shall pay a nonrefundable fee of $70. The commissioner or a designee may establish classes of certification that will recognize the varying complexities of code enforcement in the municipalities within the state. Except as provided by subdivision 2, no person may act as a building official for a municipality unless the commissioner determines that the official is qualified. The commissioner shall provide educational programs designed to train and assist building officials in carrying out their responsibilities.
The department of employee relations may, at the request of the commissioner, provide statewide testing services.
Sec. 11. Minnesota Statutes 1994, section 16B.65, subdivision 4, is amended to read:
Subd. 4. [DUTIES.] Building officials shall, in the municipality for which they are appointed, attend to all aspects of code administration for which they are certified, including the issuance of all building permits and the inspection of all manufactured home installations. The commissioner may direct a municipality with a building official to perform services for another municipality, and in that event the municipality being served shall pay the municipality rendering the services the reasonable costs of the services. The costs may be subject to approval by the commissioner.
Sec. 12. Minnesota Statutes 1994, section 16B.65, subdivision 7, is amended to read:
Subd. 7. [CONTINUING EDUCATION.] Subject to sections 16B.59 to
16B.73 16B.75, the commissioner may by rule
establish or approve continuing education programs for municipal
building officials dealing with matters of building code
administration, inspection, and enforcement.
Effective January 1, 1985, each person certified as a building official for the state must satisfactorily complete applicable educational programs established or approved by the commissioner every three calendar years to retain certification.
Each person certified as a state building official must
submit in writing to the commissioner an application for renewal
of certification within 60 days of the last day of the third
calendar year following the last certificate issued. Each
application for renewal must be accompanied by proof of
satisfactory completion of minimum continuing education
requirements and the certification renewal fee established by the
commissioner.
For persons certified prior to January 1, 1985, the first three-year period commences January 1, 1985.
Sec. 13. Minnesota Statutes 1994, section 16B.67, is amended to read:
16B.67 [APPEALS.]
A person aggrieved by the final decision of any municipality as to the application of the code, including any rules adopted under sections 471.465 to 471.469, may, within 180 days of the decision, appeal to the commissioner. Appellant shall submit a nonrefundable fee of $70, payable to the commissioner, with the request for appeal. An appeal must be heard as a contested case under chapter 14. The commissioner shall submit written findings to the parties. The party not prevailing shall pay the costs of the contested case hearing, including fees charged by the office of administrative hearings and the expense of transcript preparation. Costs under this section do not include attorney fees. Any person aggrieved by a ruling of the commissioner may appeal in accordance with chapter 14. For the purpose of this section "any person aggrieved" includes the council on disability. No fee or costs shall be required when the council on disability is the appellant.
Sec. 14. Minnesota Statutes 1994, section 16B.70, is amended to read:
16B.70 [SURCHARGE.]
Subdivision 1. [COMPUTATION.] To defray the costs of
administering sections 16B.59 to 16B.73 16B.75, a
surcharge is imposed on all permits issued by municipalities in
connection with the construction of or addition or alteration to
buildings and equipment or appurtenances after June 30, 1971, as
follows:
If the fee for the permit issued is fixed in amount the surcharge is equivalent to one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other permits, the surcharge is as follows:
(1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition, or alteration;
(2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths mill (.0004) of the value between $1,000,000 and $2,000,000;
(3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths mill (.0003) of the value between $2,000,000 and $3,000,000;
(4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth mill (.0002) of the value between $3,000,000 and $4,000,000;
(5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth mill (.0001) of the value between $4,000,000 and $5,000,000; and
(6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth mill (.00005) of the value that exceeds $5,000,000.
Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges must be collected by each municipality and a portion of them remitted to the state. Each municipality having a population greater than 20,000 people shall prepare and submit to the commissioner once a month a report of fees and surcharges on fees collected during the previous month but shall retain the greater of two percent or that amount collected up to $25 to apply against the administrative expenses the municipality incurs in collecting the surcharges. All other municipalities shall submit the report and surcharges on fees once a quarter but shall retain the greater of four percent or that amount collected up
to $25 to apply against the administrative expenses the
municipalities incur in collecting the surcharges. The report,
which must be in a form prescribed by the commissioner, must be
submitted together with a remittance covering the surcharges
collected by the 15th day following the month or quarter in which
the surcharges are collected. All surcharges and other fees
prescribed by sections 16B.59 to 16B.73 16B.75,
which are payable to the state, must be paid to the commissioner
who shall deposit them in the state treasury for credit to the
general fund.
Section 1. Minnesota Statutes 1994, section 366.10, is amended to read:
366.10 [ZONING REGULATIONS.]
The board of supervisors may submit to the legal voters of the
town at an annual or special town meeting, the question whether
the board shall adopt building land use and zoning
regulations and restrictions in the town. The board in a town
which has within its borders a hospital established in accordance
with Laws 1955, chapter 227, may submit to the voters at an
annual or special town meeting, the question whether the board
shall adopt building land use and zoning
regulations and restrictions in the town regulating the type of
buildings that may be built or occupations carried on within a
radius of one-half mile of the hospital.
Sec. 2. Minnesota Statutes 1994, section 366.12, is amended to read:
366.12 [REGULATIONS.]
If a majority of the voters voting on the question vote "Yes," the town board may regulate:
(1) the location, height, bulk, number of stories, size of buildings and other structures,
(2) the location of roads and schools,
(3) the percentage of lot which may be occupied,
(4) the sizes of yards and other open spaces,
(5) the density and distribution of population,
(6) the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and
(7) the uses of lands for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, or other purposes.
To carry out this section it shall issue building land
use or zoning permits or approvals. It shall be
unlawful to erect, establish, alter, enlarge, use, occupy, or
maintain a building, structure, improvement, or premises without
having a building land use or zoning permit or
approval.
Before adopting a regulation under this section the board shall hold a public hearing on the matter with notice as provided in section 366.15.
This section is subject to section 366.13.
Sec. 3. Minnesota Statutes 1994, section 366.16, is amended to read:
366.16 [TOWN BUILDING ZONING COMMISSIONER.]
The town board may enforce the regulations by withholding
building land use or zoning permits or
approvals, building permits issued under sections 16B.59 to
16B.75, or other permits or approvals. For the purposes of
sections 366.10 to 366.18, it may establish the position of town
building zoning commissioner and fix its
compensation. If a building or structure is or is proposed to be
erected, constructed, reconstructed, altered, or used or any land
is or is
proposed to be used in violation of sections 366.10 to 366.18 or
a regulation or provision enacted or adopted by the board under
sections 366.10 to 366.18, the board, the attorney of the county
where the town is situated, the town attorney, the town
building zoning commissioner, or any adjacent or
neighboring property owner may institute any appropriate action
to prevent, enjoin, abate, or remove the unlawful erection,
construction, reconstruction, alteration, maintenance, or use.
Sec. 4. Minnesota Statutes 1994, section 394.33, subdivision 2, is amended to read:
Subd. 2. The board of supervisors of any town which has
adopted or desires to adopt building and zoning
regulations and restrictions pursuant to law shall have the
authority granted the governing body of any municipality as
provided in section 394.32.
Sec. 5. Minnesota Statutes 1994, section 394.361, subdivision 3, is amended to read:
Subd. 3. After an official map has been adopted and filed, the
issuance of building land use or zoning permits
or approvals by the county shall be subject to the
provisions of this section. Whenever any street or highway is
widened or improved or any new street is opened, or interests in
lands for other public purposes are acquired by the county, it is
not required in such proceedings to pay for any building or
structure placed without a permit or approval or in
violation of conditions of a permit or approval within the
limits of the mapped street or highway or outside of any building
line that may have been established upon the existing street or
within any area thus identified for public purposes. The
adoption of official maps does not give the county any right,
title or interest in areas identified for public purposes
thereon, but the adoption of a map does authorize the county to
acquire such interests without paying compensation for buildings
or structures erected in such areas without a permit or
approval or in violation of the conditions of a permit or
approval. The provisions of this subdivision shall not apply
to buildings or structures in existence prior to the filing of
the official map.
Sec. 6. Minnesota Statutes 1994, section 462.358, subdivision 2a, is amended to read:
Subd. 2a. [TERMS OF REGULATIONS.] The standards and
requirements in the regulations may address without limitation:
the size, location, grading, and improvement of lots, structures,
public areas, streets, roads, trails, walkways, curbs and
gutters, water supply, storm drainage, lighting, sewers,
electricity, gas, and other utilities; the planning and design of
sites; access to solar energy; and the protection and
conservation of flood plains, shore lands, soils, water,
vegetation, energy, air quality, and geologic and ecologic
features. The regulations shall require that subdivisions be
consistent with the municipality's official map if one exists and
its zoning ordinance, and may require consistency with other
official controls and the comprehensive plan. The regulations
may prohibit certain classes or kinds of subdivisions in areas
where prohibition is consistent with the comprehensive plan and
the purposes of this section, particularly the preservation of
agricultural lands. The regulations may prohibit, restrict or
control development for the purpose of protecting and assuring
access to direct sunlight for solar energy systems. The
regulations may prohibit, restrict, or control surface, above
surface, or subsurface development for the purpose of protecting
subsurface areas for existing or potential mined underground
space development pursuant to sections 469.135 to 469.141, and
access thereto. The regulations may prohibit the issuance of
building permits or approvals for any tracts, lots,
or parcels for which required subdivision approval has not been
obtained.
The regulations may permit the municipality to condition its approval on the construction and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified check, irrevocable letter of credit, or bond in an amount and with surety and conditions sufficient to assure the municipality that the utilities and improvements will be constructed or installed according to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor.
The regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce such agreements and conditions by appropriate legal and equitable remedies.
Sec. 7. Minnesota Statutes 1994, section 462.358, subdivision 9, is amended to read:
Subd. 9. [UNPLATTED PARCELS.] Subdivision regulations adopted
by municipalities may apply to parcels which are taken from
existing parcels of record by metes and bounds descriptions, and
the governing body or building authority may deny the issuance of
building permits or approvals, building permits issued
under sections 16B.59 to 16B.75, or other permits or
approvals to any parcels so divided, pending compliance with
subdivision regulations.
Sec. 8. Minnesota Statutes 1994, section 462.359, subdivision 4, is amended to read:
Subd. 4. [APPEALS.] If a land use or zoning permit
or approval for a building in such location is denied, the
board of appeals and adjustments shall have the power, upon
appeal filed with it by the owner of the land, to grant a permit
or approval for building in such location in any case in
which the board finds, upon the evidence and the arguments
presented to it, (a) that the entire property of the appellant of
which such area identified for public purposes forms a part
cannot yield a reasonable return to the owner unless such a
permit or approval is granted, and (b) that balancing the
interest of the municipality in preserving the integrity of the
official map and of the comprehensive municipal plan and the
interest of the owner of the property in the use of the property
and in the benefits of ownership, the grant of such permit or
approval is required by considerations of justice and equity.
In addition to the notice of hearing required by section 462.354,
subdivision 2, a notice shall be published in the official
newspaper once at least ten days before the day of the hearing.
If the board of appeals and adjustments authorizes the issuance
of a permit or approval the governing body or other board
or commission having jurisdiction shall have six months from the
date of the decision of the board to institute proceedings to
acquire such land or interest therein, and if no such proceedings
are started within that time, the officer responsible for issuing
building permits or approvals shall issue the
permit or approval if the application otherwise conforms
to local ordinances. The board shall specify the exact location,
ground area, height and other details as to the extent and
character of the building for which the permit or approval
is granted.
Section 1. Minnesota Statutes 1994, section 16B.75, is amended to read:
16B.75 [INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS.]
The state of Minnesota ratifies and approves the following compact:
(1) The compacting states find that:
(a) Industrialized/modular buildings are constructed in factories in the various states and are a growing segment of the nation's affordable housing and commercial building stock.
(b) The regulation of industrialized/modular buildings varies from state to state and locality to locality, which creates confusion and burdens state and local building officials and the industrialized/modular building industry.
(c) Regulation by multiple jurisdictions imposes additional costs, which are ultimately borne by the owners and users of industrialized/modular buildings, restricts market access and discourages the development and incorporation of new technologies.
(2) It is the policy of each of the compacting states to:
(a) Provide the states which regulate the design and construction of industrialized/modular buildings with a program to coordinate and uniformly adopt and administer the states' rules and regulations for such buildings, all in a manner to assure interstate reciprocity.
(b) Provide to the United States Congress assurances that would preclude the need for a voluntary preemptive federal regulatory system for modular housing, as outlined in Section 572 of the Housing and Community Development Act of 1987, including development of model standards for modular housing construction, such that design and performance will insure quality, durability and safety; will be in accordance with life-cycle cost-effective energy conservation standards; all to promote the lowest total construction and operating costs over the life of such housing.
As used in this compact, unless the context clearly requires
(1) "Commission" means the interstate industrialized/modular buildings commission.
(2) "Industrialized/modular building" means any building which is of closed construction, i.e. constructed in such a manner that concealed parts or processes of manufacture cannot be inspected at the site, without disassembly, damage or destruction, and which is made or assembled in manufacturing facilities, off the building site, for installation, or assembly and installation, on the building site. "Industrialized/modular building" includes, but is not limited to, modular housing which is factory-built single-family and multifamily housing (including closed wall panelized housing) and other modular, nonresidential buildings. "Industrialized/modular building" does not include any structure subject to the requirements of the National Manufactured Home Construction and Safety Standards Act of 1974.
(3) "Interim reciprocal agreement" means a formal reciprocity agreement between a noncompacting state wherein the noncompacting state agrees that labels evidencing compliance with the model rules and regulations for industrialized/modular buildings, as authorized in Article VIII, section (9), shall be accepted by the state and its subdivisions to permit installation and use of industrialized/modular buildings. Further, the noncompacting state agrees that by legislation or regulation, and appropriate enforcement by uniform administrative procedures, the noncompacting state requires all industrialized/modular building manufacturers within that state to comply with the model rules and regulations for industrialized/modular buildings.
(4) "State" means a state of the United States, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(5) "Uniform administrative procedures" means the procedures adopted by the commission (after consideration of any recommendations from the rules development committee) which state and local officials, and other parties, in one state, will utilize to assure state and local officials, and other parties, in other states, of the substantial compliance of industrialized/modular building construction with the construction standard of requirements of such other states; to assess the adequacy of building systems; and to verify and assure the competency and performance of evaluation and inspection agencies.
(6) "Model rules and regulations for industrialized/modular buildings" means the construction standards adopted by the commission (after consideration of any recommendations from the rules development committee) which govern the design, manufacture, handling, storage, delivery and installation of industrialized/modular buildings and building components. The construction standards and any amendments thereof shall conform insofar as practicable to model building codes and referenced standards generally accepted and in use throughout the United States.
The compacting states hereby create the Interstate Industrialized/Modular Buildings Commission, hereinafter called commission. Said commission shall be a body corporate of each compacting state and an agency thereof. The commission shall have all the powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states.
The commission shall be selected as follows. As each state becomes a compacting state, one resident shall be appointed as commissioner. The commissioner shall be selected by the governor of the compacting state, being designated from the state agency charged with regulating industrialized/modular buildings or, if such state agency does not exist, being designated from among those building officials with the most appropriate responsibilities in the state. The commissioner may designate another official as an alternate to act on behalf of the commissioner at commission meetings which the commissioner is unable to attend.
Each state commissioner shall be appointed, suspended, or removed and shall serve subject to and in accordance with the laws of the state which said commissioner represents; and each vacancy occurring shall be filled in accordance with the laws of the state wherein the vacancy exists.
When For every three state commissioners
that have been appointed in the manner described, those
state commissioners shall select one additional commissioner who
shall be a representative of manufacturers of industrial-
residential- or commercial-use industrialized/modular
buildings. When For every six state commissioners
that have been appointed in the manner described, the
state commissioners shall select a second one
additional commissioner who shall be a representative of
consumers of industrialized/modular buildings. With each
addition of three state commissioners, the state commissioners
shall appoint one additional representative commissioner,
alternating between a representative of manufacturers of
industrialized/modular buildings and consumers of
industrialized/modular buildings. The ratio between state
commissioners and representative commissioners shall be three to
one. In the event states withdraw from the compact or, for
any other reason, the number of state commissioners is reduced,
the state commissioners shall remove the last added
representative commissioner as necessary to maintain a
the ratio of state commissioners to representative
commissioners of three to one described herein.
Upon a majority vote of the state commissioners, the state
commissioners may remove, fill a vacancy created by, or replace
any representative commissioner, provided that any replacement is
made from the same representative group and a three to one
ratio the ratio described herein is maintained.
Unless provided otherwise, the representative commissioners have
the same authority and responsibility as the state
commissioners.
In addition, the commission may have as a member one
commissioner representing the United States government if federal
law authorizes such representation. Such commissioner shall not
vote on matters before the commission. Such commission
commissioner shall be appointed by the President of the
United States, or in such other manner as may be provided by
Congress.
Each commissioner (except the commissioner representing the United States government) shall be entitled to one vote on the commission. A majority of the commissioners shall constitute a quorum for the transaction of business. Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the quorum present and voting.
The commission shall elect annually, from among its members, a chairman, a vice chairman and a treasurer. The commission shall also select a secretariat, which shall provide an individual who shall serve as secretary of the commission. The commission shall fix and determine the duties and compensation of the secretariat. The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission.
The commission shall adopt a seal.
The commission shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations.
The commission shall establish and maintain an office at the same location as the office maintained by the secretariat for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chairman may call additional meetings and upon the request of a majority of the commissioners of three or more of the compacting states shall call an additional meeting.
The commission annually shall make the governor and legislature of each compacting state a report covering its activities for the preceding year. Any donation or grant accepted by the commission or services borrowed shall be reported in the annual report of the commission and shall include the nature, amount and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender. The commission may make additional reports as it may deem desirable.
The commission will establish such committees as it deems necessary, including, but not limited to, the following:
(1) An executive committee which functions when the full
commission is not meeting, as provided in the bylaws of the
commission. The executive committee will ensure that proper
procedures are followed in implementing the commission's programs
and in carrying out the activities of the compact. The executive
committee shall be elected by vote of the commission. It shall be
comprised of at least three and no more than nine commissioners,
selected from those commissioners who are representatives of
the governor of their respective state the state
commissioners and one member of the industry commissioners and
one member of the consumer commissioners.
(2) A rules development committee appointed by the commission. The committee shall be consensus-based and consist of not less than seven nor more than 21 members. Committee members will include state building regulatory officials; manufacturers of industrialized/modular buildings; private, third-party inspection agencies; and consumers. This committee may recommend procedures which state and local officials, and other parties, in one state, may utilize to assure state and local officials, and other parties, in other states, of the substantial compliance of industrialized/modular building construction with the construction standard requirements of such other states; to assess the adequacy of building systems; and to verify and assure the competency and performance of evaluation and inspection agencies. This committee may also recommend construction standards for the design, manufacture, handling, storage, delivery and installation of industrialized/modular buildings and building components. The committee will submit its recommendations to the commission, for the commission's consideration in adopting and amending the uniform administrative procedures and the model rules and regulations for industrialized/modular buildings. The committee may also review the regulatory programs of the compacting states to determine whether those programs are consistent with the uniform administrative procedures or the model rules and regulations for industrialized/modular buildings and may make recommendations concerning the states' programs to the commission. In carrying out its functions, the rules committee may conduct public hearings and otherwise solicit public input and comment.
(3) Any other advisory, coordinating or technical committees, membership on which may include private persons, public officials, associations or organizations. Such committees may consider any matter of concern to the commission.
(4) Such additional committees as the commission's bylaws may provide.
In addition to the powers conferred elsewhere in this compact, the commission shall have power to:
(1) Collect, analyze and disseminate information relating to industrialized/modular buildings.
(2) Undertake studies of existing laws, codes, rules and regulations, and administrative practices of the states relating to industrialized/modular buildings.
(3) Assist and support committees and organizations which promulgate, maintain and update model codes or recommendations for uniform administrative procedures or model rules and regulations for industrialized/modular buildings.
(4) Adopt and amend uniform administrative procedures and model rules and regulations for industrialized/modular buildings.
(5) Make recommendations to compacting states for the purpose of bringing such states' laws, codes, rules and regulations and administrative practices into conformance with the uniform administrative procedures or the model rules and regulations for industrialized/modular buildings, provided that such recommendations shall be made to the appropriate state agency with due consideration for the desirability of uniformity while also giving appropriate consideration to special circumstances which may justify variations necessary to meet unique local conditions.
(6) Assist and support the compacting states with monitoring of plan review programs and inspection programs, which will assure that the compacting states have the benefit of uniform industrialized/modular building plan review and inspection programs.
(7) Assist and support organizations which train state and local government and other program personnel in the use of uniform industrialized/modular building plan review and inspection programs.
(8) Encourage and promote coordination of state regulatory action relating to manufacturers, public or private inspection programs.
(9) Create and sell labels to be affixed to industrialized/modular building units, constructed in or regulated by compacting states, where such labels will evidence compliance with the model rules and regulations for industrialized/modular buildings, enforced in accordance with the uniform administrative procedures. The commission may use receipts from the sale of labels to help defray the operating expenses of the commission.
(10) Assist and support compacting states' investigations into and resolutions of consumer complaints which relate to industrialized/modular buildings constructed in one compacting state and sited in another compacting state.
(11) Borrow, accept or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, association, person, firm or corporation.
(12) Accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation, and may receive, utilize and dispose of the same.
(13) Establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.
(14) Enter into contracts and agreements, including but not limited to, interim reciprocal agreements with noncompacting states.
The commission shall submit to the governor or designated officer or officers of each compacting state a budget of its estimated expenditures for such period as may be required by the laws of that state for presentation to the legislature thereof.
Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amounts to be appropriated by each of the compacting states. The total amount of appropriations requested under any such budget shall be apportioned among the compacting states as follows: one-half in equal shares; one-fourth among the compacting states in accordance with the ratio of their populations to the total population of the compacting states, based on the last decimal federal census; and one-fourth among the compacting states in accordance with the ratio of industrialized/modular building units manufactured in each state to the total of all units manufactured in all of the compacting states.
The commission shall not pledge the credit of any compacting state. The commission may meet any of its obligations in whole or in part with funds available to it by donations, grants, or sale of labels: provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it by donations, grants or sale of labels, the commission shall not incur any obligation prior to the allotment of funds by the compacting states adequate to meet the same.
The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the compacting states and any person authorized by the commission.
Nothing contained in this article shall be construed to prevent commission compliance relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.
This compact shall enter into force when enacted into law by any three states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. The commission shall arrange for notification of all compacting states whenever there is a new enactment of the compact.
Any compacting state may withdraw from this compact by enacting a statute repealing the same. No withdrawal shall affect any liability already incurred by or chargeable to a compacting state prior to the time of such withdrawal.
If the commission determines that the standards for industrialized/modular buildings prescribed by statute, rule or regulation of compacting state are at least equal to the commission's model rules and regulations for industrialized/modular buildings, and that such state standards are enforced by the compacting state in accordance with the uniform administrative procedures, industrialized/modular buildings approved by such a compacting state shall be deemed to have been approved by all the compacting states for placement in those states in accordance with procedures prescribed by the commission.
Nothing in this compact shall be construed to:
(1) Withdraw or limit the jurisdiction of any state or local court or administrative officer or body with respect to any person, corporation or other entity or subject matter, except to the extent that such jurisdiction pursuant to this compact, is expressly conferred upon another agency or body.
(2) Supersede or limit the jurisdiction of any court of the United States.
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters."
Delete the title and insert:
"A bill for an act relating to the organization and operation of state government; appropriating money for the general legislative and administrative expenses of state government; providing for the transfer of certain money in the state treasury; fixing and limiting the amount of fees, penalties, and other costs to be collected in certain cases; transferring certain duties and functions; amending Minnesota Statutes 1994, sections 3.855, by adding a subdivision; 3.98, by adding a subdivision; 3C.02, by adding a subdivision; 7.09, subdivision 1; 8.16, by adding a subdivision; 8.31, by adding a subdivision; 15.061; 15.415; 15.50, subdivision 2; 15.91, subdivision 2; 16A.11, by adding a subdivision;
16A.127, subdivision 8; 16A.129, subdivision 3; 16A.28, subdivisions 5 and 6; 16A.40; 16A.57; 16B.06, by adding a subdivision; 16B.17; 16B.19, subdivisions 2 and 10; 16B.42, subdivision 3; 16B.59; 16B.60, subdivisions 1 and 4; 16B.61, subdivisions 1, 1a, 2, and 5; 16B.63, subdivision 3; 16B.65, subdivisions 1, 3, 4, and 7; 16B.67; 16B.70; 16B.75; 16D.02, by adding a subdivision; 16D.04, subdivisions 1 and 3; 16D.06; 16D.08, subdivision 2; 43A.27, subdivision 3; 115C.02, by adding a subdivision; 115C.08, subdivisions 1, 2, and 4; 116G.15; 197.05; 240.011; 240.03; 240.04; 240.155, subdivision 1; 240.24, subdivision 3; 240.28; 240A.09; 240A.10; 299L.02, subdivision 2; 349.12, subdivision 10; 349.151; 349.153; 349A.02, subdivision 1; 349A.03, by adding a subdivision; 349A.04; 349A.05; 349A.06, subdivision 2; 349A.08, subdivisions 5 and 7; 349A.10, by adding a subdivision; 349A.11; 349A.12, subdivision 4; 352.15, subdivision 3; 366.10; 366.12; 366.16; 394.33, subdivision 2; 394.361, subdivision 3; 462.358, subdivisions 2a, 2b, and 9; 462.359, subdivision 4; 465.795, subdivision 7; 465.796, subdivision 2; 465.797, subdivisions 1, 2, 3, 4, 5, and 6; 465.798; 465.799; 465.801; 465.81, subdivision 1; 465.82, subdivision 2; 465.84; 465.85; 465.87; 473.129, by adding a subdivision; 491A.01, subdivision 8; and 491A.02, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 3; 16A; 16B; 16D; 240; 240A; 349; and 465; repealing Minnesota Statutes 1994, sections 1.22; 3.841; 3.842; 3.843; 3.844; 3.845; 3.846; 3.855, subdivision 1; 3.873; 3.885; 3.887; 115C.02, subdivision 1a; 240.01, subdivision 4; 240.02; 240.04, subdivisions 1 and 1a; 349.12, subdivision 6; 349.152, subdivisions 1 and 2; 349A.01, subdivision 2; 349A.02, subdivision 8; Laws 1991, chapter 235, article 5, section 3."
With the recommendation that when so amended the bill pass.
The report was adopted.
S. F. Nos. 1110 and 1678 were read for the second time.
Carruthers moved that the bills on Special Orders for today be continued. The motion prevailed.
Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.
Tunheim moved that the name of Lourey be added as an author on H. F. No. 563. The motion prevailed.
Osskopp moved that the name of Pugh be added as an author on H. F. No. 1305. The motion prevailed.
Hasskamp moved that the name of Winter be stricken and the name of Olson, E., be added as an author on H. F. No. 1855. The motion prevailed.
Kelley moved that the names of Osthoff and Dawkins be added as authors on H. F. No. 1868. The motion prevailed.
Long moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Monday, April 24, 1995, when the vote was taken on the Sviggum amendment to H. F. No. 1000, the third engrossment, as amended." The motion prevailed.
Workman moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, April 24, 1995, when the vote was taken on the first Koppendrayer et al amendment to H. F. No. 1000, the third engrossment." The motion prevailed.
Bettermann moved that H. F. No. 18 be returned to its author. The motion prevailed.
Kraus moved that H. F. No. 20 be returned to its author. The motion prevailed.
Erhardt moved that H. F. No. 40 be returned to its author. The motion prevailed.
Kelso moved that H. F. No. 69 be returned to its author. The motion prevailed.
Bertram moved that H. F. No. 85 be returned to its author. The motion prevailed.
Jennings moved that H. F. No. 144 be returned to its author. The motion prevailed.
Dauner moved that H. F. No. 204 be returned to its author. The motion prevailed.
Hugoson moved that H. F. No. 292 be returned to its author. The motion prevailed.
Erhardt moved that H. F. No. 301 be returned to its author. The motion prevailed.
Girard moved that H. F. No. 391 be returned to its author. The motion prevailed.
Pellow moved that H. F. No. 419 be returned to its author. The motion prevailed.
Vickerman moved that H. F. No. 430 be returned to its author. The motion prevailed.
Girard moved that H. F. No. 615 be returned to its author. The motion prevailed.
Tuma moved that H. F. No. 668 be returned to its author. The motion prevailed.
Simoneau moved that H. F. No. 685 be returned to its author. The motion prevailed.
Lieder moved that H. F. No. 888 be returned to its author. The motion prevailed.
Goodno moved that H. F. No. 921 be returned to its author. The motion prevailed.
Leppik moved that H. F. No. 948 be returned to its author. The motion prevailed.
Bettermann moved that H. F. No. 960 be returned to its author. The motion prevailed.
Vickerman moved that H. F. No. 1071 be returned to its author. The motion prevailed.
Bettermann moved that H. F. No. 1108 be returned to its author. The motion prevailed.
Bettermann moved that H. F. No. 1146 be returned to its author. The motion prevailed.
Van Engen moved that H. F. No. 1147 be returned to its author. The motion prevailed.
Davids moved that H. F. No. 1158 be returned to its author. The motion prevailed.
Daggett moved that H. F. No. 1353 be returned to its author. The motion prevailed.
Simoneau moved that H. F. No. 1436 be returned to its author. The motion prevailed.
Dehler moved that H. F. No. 1455 be returned to its author. The motion prevailed.
Lynch moved that H. F. No. 1663 be returned to its author. The motion prevailed.
Broecker moved that H. F. No. 1737 be returned to its author. The motion prevailed.
Anderson, B., moved that H. F. No. 1835 be returned to its author. The motion prevailed.
Weaver, Long, Lynch and Carruthers introduced:
House Resolution No. 7, A house resolution commending the generosity of Minnesota marrow donor volunteers and encouraging more Minnesotans to be marrow donors.
The resolution was referred to the Committee on Rules and Legislative Administration.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 990:
Entenza, Dawkins and Smith.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1399:
Skoglund, Farrell and Lynch.
Carruthers moved that when the House adjourns today it adjourn until 11:30 a.m., Thursday, April 27, 1995. The motion prevailed.
Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:30 a.m., Thursday, April 27, 1995.
Edward A. Burdick, Chief Clerk, House of Representatives
Comments: webmaster@house.leg.state.mn.us