Journal of the House - 51st Day - Monday, May 11, 2009
- Top of Page 5087
STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2009
_____________________
FIFTY-FIRST DAY
Saint Paul, Minnesota, Monday, May 11, 2009
The House of Representatives convened at
11:00 a.m. and was called to order by Margaret Anderson Kelliher, Speaker of
the House.
Prayer was offered by The Reverend Dennis
J. Johnson, House Chaplain.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Zellers
Spk. Kelliher
A quorum was present.
Mahoney and Solberg were excused.
Winkler was excused until 2:10 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. Doty moved
that further reading of the Journal be dispensed with and that the Journal be
approved as corrected by the Chief Clerk.
The motion prevailed.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5088
PETITIONS
AND COMMUNICATIONS
The following
communications were received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 7, 2009
The Honorable Margaret Anderson Kelliher
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker
Kelliher:
Please be advised
that I have received, approved, signed, and deposited in the Office of the
Secretary of State the following House File:
H. F. No. 1309,
relating to transportation; appropriating money for transportation,
Metropolitan Council, and public safety activities and programs; providing for
fund transfers, contingent appropriations, and tort claims; modifying previous
appropriations; authorizing sale of trunk highway bonds; modifying various
provisions related to transportation finance and policy; providing for and
modifying disposition of various fees, revenues, and accounts; clarifying
appropriate uses of trunk highway fund; providing for mitigation of transportation
construction impacts on business; increasing set-aside from municipal state-aid
fund for administrative costs; establishing Stillwater lift bridge endowment
account; regulating records of commercial drivers; modifying provisions related
to transit services, fracture-critical bridges, passenger rail, and motor
vehicle sales tax revenue allocations; establishing discount transit passes
pilot program; authorizing Metropolitan Council to convey certain real property
including the Apple Valley Transit Station; establishing Design-Build Project
Selection Council and pilot program; adding provisions relating to bus
purchases and a Mississippi River crossing near St. Cloud; requiring reports.
Sincerely,
Tim
Pawlenty
Governor
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 7, 2009
The Honorable Margaret Anderson Kelliher
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker
Kelliher:
Please be advised that
I have received, approved, signed, and deposited in the Office of the Secretary
of State the following House File:
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5089
H. F. No. 1242,
relating to public safety; establishing Brandon's law; implementing procedures
for investigating missing person cases.
Sincerely,
Tim
Pawlenty
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
I have the honor
to inform you that the following enrolled Acts of the 2009 Session of the State
Legislature have been received from the Office of the Governor and are
deposited in the Office of the Secretary of State for preservation, pursuant to
the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session
Laws Chapter
No. |
Time and Date Approved 2009 |
Date
Filed 2009 |
1309 36 3:32 p.m.
May 7 May
7
1242 38 2:15 p.m.
May 7 May
7
247 40 4:39 p.m.
May 7 May
7
1462 41 3:36 p.m.
May 7 May
7
1486 42 5:13 p.m.
May 7 May
7
1754 43 4:24 p.m.
May 7 May
7
1489 44 3:37 p.m.
May 7 May
7
245 45 3:42 p.m.
May 7 May
7
412 46 4:25 p.m.
May 7 May
7
640 48 4:28 p.m.
May 7 May
7
275 49 3:43 p.m.
May 7 May
7
729 50 3:44 p.m.
May 7 May
7
615 51 3:45 p.m.
May 7 May
7
Sincerely,
Mark
Ritchie
Secretary
of State
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5090
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 7, 2009
The
Honorable Margaret Anderson Kelliher
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker
Kelliher:
Please be advised
that I have received, approved, signed, and deposited in the Office of the
Secretary of State Chapter No. 37, H. F. No. 2123, with the exception of the
following line-item veto:
Page 8, lines 8.5 - 8.9: A $15,080,000 biennial appropriation from the
Environmental Fund for surface water assessment and monitoring. My budget recommended that these important
activities be funded from the Clean Water Fund, using proceeds from the new
Constitutional Amendment. This is
consistent with the recommendations of the Clean Water Council and other
environmental stakeholder groups. The
Clean Water Fund, rather than the Environmental Fund, is the most appropriate
source of funding for water assessment and monitoring, especially when
considering the long-term fiscal stability of the Environmental Fund. That fund will be nearly insolvent in the not
too distant future.
Sincerely,
Tim
Pawlenty
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
I have the honor to
inform you that the following enrolled Act of the 2009 Session of the State
Legislature has been received from the Office of the Governor and is deposited
in the Office of the Secretary of State for preservation, pursuant to the State
Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session
Laws Chapter
No. |
Time and Date
Approved 2009 |
Date Filed 2009 |
2123* 37 10:05 p.m.
May 7 May
7
[NOTE: * Indicates that H. F. No. 2123, Chapter No.
37, contains a line item veto.]
Sincerely,
Mark
Ritchie
Secretary
of State
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5091
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
I have the honor to inform you that the
following enrolled Acts of the 2009 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2009 |
Date Filed 2009 |
166 52 4:06 p.m.
May 9 May
9
1611 53 4:07 p.m.
May 9 May
9
298 54 4:16 p.m.
May 9 May
9
1172 55 4:11 p.m.
May 9 May
9
1467 56 4:13 p.m.
May 9 May
9
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F. No.
984, A bill for an act relating to human services; authorizing medical
assistance coverage of primary care health care providers performing primary
caries prevention services as part of the child and teen checkup program;
amending Minnesota Statutes 2008, section 256B.0625, subdivision 14.
Reported
the same back with the following amendments:
Page 2,
line 12, delete "that" and insert "document any"
Page 2,
line 13, delete "were"
With the
recommendation that when so amended the bill pass.
The report was adopted.
Journal of the House - 51st Day - Monday, May 11, 2009
- Top of Page 5092
Solberg from the Committee
on Ways and Means to which was referred:
H. F. No. 1132, A bill for
an act relating to natural resources; modifying refund provisions; modifying
commissioner's authority; modifying restrictions in migratory feeding and
resting areas; providing certain exemptions from local law; modifying wild animal
and fish taking, possession, and licensing requirements; modifying provisions
relating to the possession of certain weapons; removing bow and gun case
requirements; authorizing certain fees; authorizing acquisition of and
requiring grants of certain easements; modifying management authority for
tax-forfeited lands; adding to and deleting from certain state parks; modifying
state trails; removing land from the Minnesota wild and scenic rivers program;
authorizing public and private sales and exchanges of state land; requiring
wind energy lease; modifying previous sales authorization and land
descriptions; requiring location of sites for veterans cemetery; requiring
increase in appraised estimates for timber sales; requiring forest lease pilot
project; requiring rulemaking; requiring reports; appropriating money; amending
Minnesota Statutes 2008, sections 17.4981; 17.4988, subdivision 3; 84.027,
subdivision 13; 84.0273; 84.788, subdivision 11; 84.798, subdivision 10; 84.82,
subdivision 11; 84.922, subdivision 12; 85.015, subdivision 13; 86B.415,
subdivision 11; 97A.075, subdivision 1; 97A.095, subdivision 2; 97A.137, by
adding subdivisions; 97A.405, subdivision 4; 97A.421, subdivision 1; 97A.441,
subdivision 7; 97A.445, subdivision 1; 97A.451, subdivision 2, by adding a
subdivision; 97A.465, subdivision 1b; 97A.475, subdivisions 2, 3, 7, 11, 12,
29; 97A.525, subdivision 1; 97B.035, subdivision 2; 97B.045, subdivision 2, by
adding a subdivision; 97B.051; 97B.055, subdivision 3; 97B.086; 97B.111,
subdivision 1; 97B.328, subdivision 3; 97B.651; 97B.811, subdivisions 2, 3;
97B.931, subdivision 1; 97C.315, subdivision 1; 97C.355, subdivision 2;
97C.371, by adding a subdivision; 97C.385, subdivision 2; 97C.395, subdivision
1; 282.04, subdivision 1; Laws 1996, chapter 407, section 32, subdivision 3;
Laws 2007, chapter 131, article 2, section 38; Laws 2008, chapter 368, article
1, sections 21, subdivisions 4, 5; 34; article 2, section 25; proposing coding
for new law in Minnesota Statutes, chapters 84; 97B; 97C; repealing Minnesota
Statutes 2008, sections 97A.525, subdivision 2; 97B.301, subdivisions 7, 8;
97C.405.
Reported the same back with
the recommendation that the bill pass.
The
report was adopted.
Solberg from the Committee
on Ways and Means to which was referred:
H. F. No. 1744, A bill for
an act relating to government operations; creating technology accessibility
standards for the state; authorizing rulemaking; establishing the advisory
committee for technology standards for accessibility and usability; requiring a
report; appropriating money; amending Minnesota Statutes 2008, sections 16C.02,
by adding a subdivision; 16C.03, subdivision 3; 16C.08, subdivision 2; 16E.01,
subdivisions 1a, 3; 16E.02, subdivision 1; 16E.03, subdivisions 2, 4, by
adding subdivisions; 16E.04, subdivision 1; 16E.07, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 16E.
Reported the same back with
the following amendments:
Page 10, after line 19,
insert:
"Sec. 15. Laws 2009, chapter 37, article 2, section 3,
subdivision 8, is amended to read:
Subd. 8. Telecommunications
Access Minnesota 600,000
300,000 600,000 300,000
$300,000 the first year and $300,000 the second year
are for transfer to the commissioner of human services to supplement the
ongoing operational expenses of the Minnesota Commission Serving Deaf and
Hard-of-Hearing People. This
appropriation is
Journal of the House - 51st Day - Monday, May 11, 2009
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from the telecommunication access Minnesota fund, and
is added to the commission's base. This
appropriation consolidates, and is not in addition to, appropriation language
from Laws 2006, chapter 282, article 11, section 4, and Laws 2007, chapter 57,
article 2, section 3, subdivision 7.
$300,000 each year is from the
telecommunications access fund to the commissioner of commerce for a grant to
the Legislative Coordinating Commission for a pilot program to provide captioning
of live streaming of legislative sessions on the commission's Web site and a
grant to the Commission of Deaf, DeafBlind, and Hard-of-Hearing Minnesotans to
provide information on their Web site in American Sign Language and to provide
technical assistance to state agencies.
The commissioner of commerce may allocate a portion of this money to the
Office of Technology to coordinate technology accessibility and usability."
Page 11, delete section 17
Renumber the sections in sequence
Correct the title numbers accordingly
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:
H. F. No. 2367, A bill for an act relating to property taxation; providing
a property tax abatement for newly constructed residential structures in
flood-damaged areas; appropriating money.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Carlson from the Committee on Finance to which was referred:
S. F. No. 97, A bill for an act relating to health; providing for the
medical use of marijuana; providing civil and criminal penalties; appropriating
money; amending Minnesota Statutes 2008, section 13.3806, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 152.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes
2008, section 13.3806, is amended by adding a subdivision to read:
Subd. 21. Medical use of marijuana data. Data collected by the commissioner of
health relating to registrations for the medical use of marijuana are
classified in section 152.25, subdivision 5.
Journal of the
House - 51st Day - Monday, May 11, 2009 - Top of Page 5094
Sec. 2. [152.22] DEFINITIONS.
Subdivision 1. Applicability. For
purposes of sections 152.22 to 152.31, the terms defined in this section have
the meanings given them.
Subd. 2. Allowable amount of marijuana. (a) With respect to a qualifying patient,
the "allowable amount of marijuana" means:
(1) 2.5 ounces of usable marijuana; and
(2) six marijuana plants contained in an enclosed, locked
facility if the qualifying patient's registry identification card provides that
the qualifying patient is authorized to cultivate marijuana.
(b) With respect to a primary caregiver, the "allowable
amount of marijuana" for each patient means:
(1) 2.5 ounces of usable marijuana; and
(2) six marijuana plants contained in an enclosed, locked
facility if the primary caregiver's registry identification card provides that
the primary caregiver is authorized to cultivate marijuana.
(c) With respect to a registered organization, the
"allowable amount of marijuana" for each patient means:
(1) six marijuana plants; and
(2) any amount of other parts of the marijuana plant.
Subd. 3. Commissioner. "Commissioner"
means the commissioner of health.
Subd. 4. Debilitating medical condition. "Debilitating medical condition"
means:
(1) cancer, glaucoma, acquired immune deficiency syndrome,
hepatitis C, Tourette's syndrome, or the treatment of these conditions;
(2) a chronic or debilitating disease or medical condition or
its treatment that produces one or more of the following: cachexia or wasting syndrome; intractable pain,
as defined in section 152.125, subdivision 1; severe nausea; seizures,
including, but not limited to, those characteristic of epilepsy; severe and
persistent muscle spasms, including, but not limited to, those characteristic
of multiple sclerosis and Crohn's disease; or agitation of Alzheimer's disease;
(3) the condition of an HIV-positive patient when the
patient's condition has worsened and the patient's physician believes the
patient could benefit from consumption of marijuana; or
(4) any other medical condition or its treatment approved by
the commissioner.
Subd. 5. Department. "Department"
means the Minnesota Department of Health.
Subd. 6. Medical use of marijuana.
"Medical use of marijuana" means the acquisition,
possession, use, cultivation, manufacture, delivery, transfer, or
transportation of marijuana or paraphernalia, as defined in section 152.01,
subdivision 18, relating to the consumption of marijuana to alleviate a
registered qualifying patient's debilitating medical condition or symptoms
associated with the medical condition.
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Subd. 7. Practitioner. "Practitioner"
means a Minnesota licensed doctor of medicine, a Minnesota licensed doctor of
osteopathy licensed to practice medicine, a Minnesota licensed physician
assistant acting within the scope of authorized practice, or a Minnesota
licensed advance practice registered nurse.
Subd. 8. Primary caregiver. "Primary
caregiver" means a person who is at least 21 years old and who has agreed
to assist with a qualifying patient's medical use of marijuana. A primary caregiver may assist no more than
five qualifying patients with their medical use of marijuana.
Subd. 9. Qualifying patient. "Qualifying
patient" means a person who has been diagnosed by a practitioner as having
a debilitating medical condition.
Subd. 10. Registry identification card. "Registry identification card"
means a document issued by the commissioner that identifies a person as a
qualifying patient or primary caregiver.
Subd. 11. Usable marijuana. "Usable
marijuana" means the dried leaves and flowers of the marijuana plant, and
any mixture or preparation of it, but does not include the seeds, stalks, and
roots of the plant.
Subd. 12. Written certification.
"Written certification" means a statement signed and dated
by a practitioner, stating that in the practitioner's professional opinion the
potential benefits of the medical use of marijuana would likely outweigh the
health risks for the qualifying patient.
A written certification must be reviewed by the practitioner annually
and shall only be made in the course of a bona fide practitioner-patient
relationship after the practitioner has completed a physical examination of the
patient and a full assessment of the qualifying patient's medical history. The written certification shall specify the
qualifying patient's debilitating medical condition or conditions and recommend
the medical use of marijuana to alleviate the condition or symptoms associated
with the condition.
Sec. 3. [152.23] PROTECTIONS FOR MEDICAL USE OF MARIJUANA.
Subdivision 1. Qualifying patient. A
qualifying patient who possesses a registry identification card shall not be
subject to arrest, prosecution, or penalty in any manner, or denied any right
or privilege, including, but not limited to, civil penalty or disciplinary
action by a business or occupational or professional licensing board or entity,
for the medical use of marijuana, provided that the qualifying patient
possesses an amount of marijuana that does not exceed the allowable amount.
Subd. 2. Primary caregiver. A
primary caregiver who possesses a registry identification card shall not be
subject to arrest, prosecution, or penalty in any manner, or denied any right
or privilege, including, but not limited to, civil penalty or disciplinary
action by a business or occupational or professional licensing board or entity,
for assisting a qualifying patient to whom the primary caregiver is connected
through the commissioner's registration process with the medical use of
marijuana, provided that the primary caregiver possesses an amount of marijuana
that does not exceed the allowable amount of marijuana for each qualifying
patient to whom the primary caregiver is connected through the registration
process.
Subd. 3. Dismissal of charges.
If a qualifying patient or a primary caregiver who is not in
possession of a registry identification card is arrested for possession of an
amount of marijuana that does not exceed the allowable amount or is charged
with this, the patient or caregiver shall be released from custody and the
charges dismissed upon production of a valid registry identification card
issued in the person's name.
Subd. 4. Discrimination prohibited.
(a) No school or landlord may refuse to enroll or lease to, or
otherwise penalize, a person solely for the person's status as a registered
qualifying patient or a registered primary caregiver, unless failing to do so
would place the school or landlord in violation of federal law.
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(b) For the purposes of
medical care, including organ transplants, a registered qualifying patient's
authorized use of marijuana according to sections 152.22 to 152.31 is
considered the equivalent of the authorized medication used at the discretion
of a physician, and does not constitute the use of an illicit substance.
(c) Unless a failure to
do so would put an employer in violation of federal law or federal regulations,
an employer may not discriminate against a person in hiring, termination, or
any term or condition of employment, or otherwise penalize a person, if the
discrimination is based upon either of the following:
(1) the person's status
as a registered qualifying patient or a registered primary caregiver; or
(2) a registered
qualifying patient's positive drug test for marijuana components or
metabolites, unless the patient used, possessed, or was impaired by marijuana
on the premises of the place of employment or during the hours of employment.
(d) A person shall not
be denied custody of or visitation rights or parenting time with a minor solely
for the person's status as a registered qualifying patient or a registered
primary caregiver, and there shall be no presumption of neglect or child
endangerment for conduct allowed under sections 152.22 to 152.31, unless the
person's behavior is such that it creates an unreasonable danger to the safety
of the minor as established by clear and convincing evidence.
Subd. 5. Presumption. (a) There is a presumption that a
qualifying patient or primary caregiver is engaged in the medical use of
marijuana if the qualifying patient or primary caregiver:
(1) is in possession of
a registry identification card; and
(2) is in possession of
an amount of marijuana that does not exceed the amount permitted under sections
152.22 to 152.31.
(b) The presumption may
be rebutted by evidence that conduct related to marijuana was not for the
purpose of alleviating the qualifying patient's debilitating medical condition
or symptoms associated with the medical condition.
Subd. 6. Caregiver's reimbursement. A primary caregiver who is not a
registered organization may receive reimbursement from a registered qualifying
patient for costs associated with assisting with a registered qualifying
patient's medical use of marijuana. To
be reimbursable under this subdivision, a cost must have been actually incurred
by the caregiver. Examples of
reimbursable costs include mileage, travel expenses, price paid to obtain
supplies, and the price paid to a registered organization for marijuana. A primary caregiver may not be paid any extra
fee or compensation for serving as a caregiver.
Reimbursement does not constitute sale of controlled substances.
Subd. 7. Practitioner. A practitioner shall not be subject to
arrest, prosecution, or penalty in any manner or denied any right or privilege,
including, but not limited to, civil penalty or disciplinary action by the
Board of Medical Practice or by another business or occupational or
professional licensing board or entity, solely for providing written
certifications or otherwise stating that, in the practitioner's professional
opinion, the potential benefits of the medical use of marijuana would likely
outweigh the health risks for a patient, provided that nothing shall prevent a
practitioner from being sanctioned for failure to properly evaluate a patient's
medical condition or otherwise violate the standard of care for evaluating
medical conditions.
Subd. 8. Property rights. Any interest in or right to property that
is lawfully possessed, owned, or used in connection with the medical use of
marijuana as authorized in sections 152.22 to 152.31, or acts incidental to
such use, is not forfeited under sections 609.531 to 609.5318.
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Subd. 9. Arrest and prosecution prohibited. No person is subject to arrest or prosecution
for any offense related to the possession of marijuana, including constructive
possession, conspiracy, aiding and abetting, or being an accessory, solely for
being in the presence or vicinity of the medical use of marijuana as permitted
under sections 152.22 to 152.31 or, if the person is a primary caregiver acting
in compliance with sections 152.22 to 152.31, for assisting a registered
qualifying patient with using or administering marijuana.
Subd. 10. Nursing facilities. Nursing
facilities licensed under chapter 144A or boarding care homes licensed under
section 144.50 may adopt reasonable restrictions on the use of medical marijuana by their residents. The restrictions may include a provision that
the facility will not store or maintain the patient's supply of medical
marijuana, that caregivers or the hospice agencies serving their residents are
not responsible for providing the marijuana for qualifying patients, that
marijuana be consumed in a method other than smoking, and that medical marijuana
be consumed only in a place specified by the facility. Nothing contained herein, however, shall
require the facilities to adopt such restrictions and no facility shall
unreasonably limit a qualifying patient's access to or use of marijuana.
Sec. 4. [152.25] REGISTRY IDENTIFICATION CARDS; ISSUANCE.
Subdivision 1. Requirements; issuance.
(a) The commissioner shall issue registry identification cards to
qualifying patients who submit:
(1) a written certification issued within the 90 days immediately
preceding the date of application;
(2) the application or renewal fee of $100;
(3) the name, address, and date of birth of the qualifying
patient, except that if the applicant is homeless, no address is required;
(4) the name, address, and telephone number of the qualifying
patient's practitioner;
(5) the name, address, and date of birth of each primary
caregiver of the qualifying patient, if any, and a signed statement from the
individual designated to be a primary caregiver agreeing to be designated as
such. A qualifying patient may designate
only one primary caregiver except that one additional caregiver may be
designated if the qualifying patient is under the age of 18, or the qualifying
patient designates a registered organization to cultivate marijuana for the
patient's medical use and the patient requests the assistance of the second
caregiver that is not a registered organization to assist with the qualifying
patient's medical use. A qualifying
patient may name a maximum of two primary caregivers, one of whom must be a
registered organization. For the
registered organization designated, the name and address of the registered
organization must be submitted; and
(6) a designation as to who will be allowed to cultivate
marijuana plants for the qualifying patient's medical use. Only one person or entity will be permitted
to cultivate marijuana for a qualified patient.
A qualifying patient or the qualifying patient's caregiver may only be
designated to cultivate marijuana if a registered organization is not located
within 30 miles of the qualifying patient's home.
(b) The commissioner shall not issue a registry identification
card to a qualifying patient under the age of 18 unless:
(1) the qualifying patient's practitioner has explained the
potential risks and benefits of the medical use of marijuana to the qualifying
patient and to a parent, guardian, or person having legal custody of the
qualifying patient; and
(2) a parent, guardian, or person having legal custody
consents in writing to:
(i) allow the qualifying patient's medical use of marijuana;
Journal of
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(ii) serve as one of the qualifying patient's primary
caregivers; and
(iii) control the acquisition of marijuana, the dosage, and
the frequency of the medical use of marijuana by the qualifying patient.
(c) The commissioner shall verify the information contained in
an application or renewal submitted under this section and shall approve or
deny an application or renewal within 15 days of receiving it. The commissioner may deny an application or
renewal only if the applicant did not provide the information required under
this section or if the commissioner determines that the information provided
was falsified. Rejection of an
application or renewal is a final agency action, subject to judicial review. Jurisdiction and venue for judicial review
are vested in the district court.
(d) The commissioner shall issue a registry identification
card to each primary caregiver, if any, who is named in a qualifying patient's
approved application, up to a maximum of two primary caregivers per qualifying
patient. If a primary caregiver named by
the qualifying patient is a registered organization, a registry identification
card shall be provided under section 152.31, subdivision 2.
(e) The commissioner shall issue a registry identification
card under paragraphs (a) and (d) within five days of approving an application
or renewal. The card expires one year
after the date of issuance. A registry
identification card shall contain:
(1) a photograph of the cardholder;
(2) the name, address, and date of birth of the qualifying
patient;
(3) the name, address, and date of birth of each primary
caregiver of the qualifying patient, if any, if the primary caregiver is not a
registered organization;
(4) the date of issuance and expiration date of the registry
identification card;
(5) a random registry identification number; and
(6) a clear indication of whether the cardholder has been
authorized to cultivate marijuana plants for the qualifying patient's medical
use.
Subd. 2. Notification of changes; penalties. (a) A qualifying patient who has been
issued a registry identification card shall notify the commissioner within ten
days of any change in the qualifying patient's name, address, or primary
caregiver, or if the qualifying patient ceases to have a debilitating medical
condition.
(b) Failure to notify the commissioner of a change as required
under paragraph (a) is a civil violation, punishable by a fine of no more than
$150. If the person has ceased to have a
debilitating medical condition, the card is null and void and the person is
liable for any other penalties that may apply to the person's nonmedical use of
marijuana.
(c) A qualifying patient must notify the commissioner of a
change in the qualifying patient's designation as to who will be allowed to
cultivate marijuana plants for the qualifying patient's medical use.
(d) When a qualifying patient or primary caregiver notifies
the commissioner of any changes under this subdivision, the commissioner shall issue
the qualifying patient and each primary caregiver a new registry identification
card within ten days of receiving the updated information and a $10 fee.
(e) When a registered qualifying patient ceases to use the
assistance of a registered primary caregiver, the commissioner shall notify the
primary caregiver within ten days. The
primary caregiver's protections as provided under section 152.23 expire ten
days after notification by the commissioner.
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Subd. 3. Lost cards. If a
registered qualifying patient or a registered primary caregiver loses a
registry identification card, the patient or caregiver shall notify the
commissioner and submit a $15 fee within ten days of losing the card. Within five days of receiving notification
and the required fee, the commissioner shall issue a new registry
identification card with a new random identification number.
Subd. 4. Card as probable cause.
Possession of, or application for, a registry identification card
does not constitute probable cause or reasonable suspicion, nor shall it be
used to support a search of the person or property of the person possessing or
applying for the registry identification card, or otherwise subject the person
or property of the person to inspection by any governmental agency.
Subd. 5. Data practices. (a)
Data in registration applications and supporting data submitted by qualifying
patients or primary caregivers, including data on primary caregivers and
practitioners, are private data on individuals or nonpublic data as defined in
section 13.02.
(b) The commissioner shall maintain a list of persons to whom
the commissioner has issued registry identification cards. Data in the list are private data on
individuals or nonpublic data except that:
(1) upon request of a law enforcement agency, the
commissioner shall verify whether a registry identification card is valid
solely by confirming the registry identification number; and
(2) the commissioner may notify law enforcement of falsified
or fraudulent information submitted for purposes of obtaining or renewing a
registration card.
Subd. 6. Report. The
commissioner shall report annually to the legislature on the number of
applications for registry identification cards, the number of qualifying
patients and primary caregivers approved, the nature of the debilitating
medical conditions of the qualifying patients, the number of registry
identification cards revoked, and the number of practitioners providing written
certification for qualifying patients.
The commissioner must not include identifying information on qualifying
patients, primary caregivers, or practitioners in the report.
Subd. 7. Submission of false records; criminal penalty. A person who knowingly submits false
records or documentation required by the commissioner of health to certify an
organization under sections 152.22 to 152.31 is guilty of a felony and may be sentenced
to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both.
Subd. 8. Criminal background check for primary caregivers. Before issuing a registry identification
card to a primary caregiver under this section, the commissioner shall request
a criminal history background check on the caregiver from the superintendent of
the Bureau of Criminal Apprehension. The
provisions of section 152.31, subdivision 7, apply to the background
check. A person may not serve as a
primary caregiver and a registry identification card may not be issued to the
person if the person has been convicted of a drug felony as defined in section
152.31, subdivision 7, paragraph (a).
Notwithstanding this provision, if the commissioner determines that the
person's conviction was for the medical use of marijuana or assisting with the
medical use of marijuana, the commissioner may issue the person a registry
identification card and allow the person to serve as a primary caregiver.
Sec. 5. [152.26] CONSTRUCTION.
(a) Sections 152.22 to 152.31 do not permit:
(1) a person to undertake a task under the influence of
marijuana, when doing so would constitute negligence, professional malpractice,
or failure to practice with reasonable skill and safety;
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(2) smoking of marijuana:
(i) in a school bus or other form of public transportation;
(ii) on school grounds;
(iii) in a correctional facility;
(iv) in any public place; or
(v) where the smoke may be inhaled by a minor child;
(3) a person to operate, navigate, or be in actual physical
control of any motor vehicle, aircraft, train, or motorboat, or work on
transportation property, equipment, or facilities while under the influence of
marijuana. However, a registered
qualifying patient shall not be considered to be under the influence solely for
having marijuana metabolites in the patient's system;
(4) possession of marijuana on school grounds; or
(5) possession of marijuana on correctional facility property.
(b) Nothing in sections 152.22 to 152.31 shall be construed to
require:
(1) a government medical assistance program or private health
insurer to reimburse a person for costs associated with the medical use of
marijuana; or
(2) an employer to accommodate the medical use of marijuana in
any workplace.
Sec. 6. [152.27] PENALTIES.
(a) Fraudulent representation to a law enforcement official of
any fact or circumstance relating to the medical use of marijuana to avoid
arrest or prosecution is a gross misdemeanor, which shall be in addition to any
other penalties that may apply for making a false statement and for the
nonmedical use of marijuana. If a person
convicted of violating this section is a qualifying patient or a primary
caregiver, the person is disqualified from further participation under sections
152.22 to 152.31 and the person's registry card is void.
(b) In addition to any other penalty applicable in law, a
qualifying patient is guilty of a felony and may be sentenced to imprisonment
for not more than two years or to payment of a fine of not more than $3,000, or
both, if the patient:
(1) sells, transfers, loans, or otherwise gives another person
the patient's registry identification card; or
(2) sells, transfers, loans, or otherwise gives another person
marijuana obtained under sections 152.22 to 152.31.
In addition,
the person is disqualified from further participation under sections 152.22 to
152.31 and the person's registry card is void.
Sec. 7. [152.29] AFFIRMATIVE DEFENSE AND DISMISSAL FOR MEDICAL MARIJUANA.
(a) Except as provided in section 152.26, a person and a
person's primary caregiver, if any, may assert the medical purpose for using
marijuana as a defense to any prosecution involving marijuana, and such defense
shall be presumed valid where the evidence shows that:
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(1) a practitioner has stated that, in the practitioner's
professional opinion, after having completed a full assessment of the person's
medical history and current medical condition made in the course of a bona fide
practitioner-patient relationship, the potential benefits of using marijuana
for medical purposes would likely outweigh the health risks for the person; and
(2) the person and the person's primary caregiver, if any,
were collectively in possession of a quantity of marijuana that was not more
than was reasonably necessary to ensure the uninterrupted availability of
marijuana for the purpose of alleviating the person's medical condition or
symptoms associated with the medical condition.
(b) A person may assert the medical purpose for using
marijuana in a motion to dismiss, and the charges shall be dismissed following
an evidentiary hearing where the defendant shows the elements listed in
paragraph (a).
(c) Any interest in or right to property that was possessed,
owned, or used in connection with a person's use of marijuana for medical
purposes shall not be forfeited if the person or the person's primary caregiver
demonstrates the person's medical purpose for using marijuana under this
section.
Sec. 8. [152.30] SEVERABILITY.
Any provision of sections 152.22 to 152.31 being held invalid
as to any person or circumstances shall not affect the application of any other
provision of sections 152.22 to 152.31 that can be given full effect without
the invalid section or application.
Sec. 9. [152.31] REGISTERED ORGANIZATION.
Subdivision 1. Definition. For
purposes of this section, "registered organization" means a nonprofit
entity registered with the commissioner under this section that acquires,
possesses, cultivates, manufactures, delivers, transfers, transports, supplies,
or dispenses marijuana, or related supplies and educational materials to
registered qualifying patients and the qualifying patients' registered primary
caregivers. A registered organization is
a primary caregiver, although it may supply marijuana to any number of
registered qualifying patients who have designated it as one of the qualifying
patient's primary caregivers. A
registered organization may not possess more than the allowable amount of
marijuana.
Subd. 2. Registration requirements.
(a) The commissioner shall issue a registered organization license
within 20 days to any person who provides:
(1) a fee in an amount established by the commissioner
notwithstanding section 16A.1283, which shall not exceed $2,000;
(2) the name of the registered organization;
(3) the physical addresses of the registered organization and
any other real property where marijuana is to be possessed, cultivated,
manufactured, supplied, or dispensed relating to the operations of the
registered organization; and
(4) the name, address, and date of birth of any person who is
an agent of or employed by the registered organization.
(b) The commissioner shall issue each agent and employee of a
registered organization a registry identification card for a cost of $15 each
within ten days of receipt of the person's identifying information and the
fee. Each card shall specify that the
cardholder is an employee or agent of a registered organization.
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Subd. 3. Expiration. A
license for a registered organization and each employee or agent registry
identification card expires one year after the date of issuance.
Subd. 4. Inspection. Registered
organizations are subject to reasonable inspection by the commissioner.
Subd. 5. Organization requirements.
(a) Registered organizations must be established as nonprofit
entities. Registered organizations are
subject to all applicable state laws governing nonprofit entities, but need not
qualify for federal tax exemption under the Internal Revenue Code.
(b) Registered organizations may not be located within 500
feet of the property line of a public school, private school, or structure used
primarily for religious services or worship.
(c) The operating documents of a registered organization shall
include procedures for the oversight of the registered organization and
procedures to ensure adequate record keeping.
(d) A registered organization shall notify the commissioner within
ten days of when an employee or agent ceases to work at the registered
organization.
(e) The registered organization shall notify the commissioner
before a new agent or employee begins working at the registered organization,
in writing, and the organization shall submit a $10 fee for the person's
registry identification card.
(f) No registered organization shall be subject to
prosecution, search, seizure, or penalty in any manner or denied any right or
privilege, including, but not limited to, civil penalty or disciplinary action
by a business or occupational or professional licensing board or entity, for
acting according to sections 152.22 to 152.31 to assist registered qualifying
patients to whom it is connected through the commissioner's registration
process with the medical use of marijuana, provided that the registered
organization possesses an amount of marijuana that does not exceed the
allowable amount.
(g) No employees, agents, or board members of a registered
organization shall be subject to arrest, prosecution, search, seizure, or
penalty in any manner or denied any right or privilege, including, but not
limited to, civil penalty or disciplinary action by a business, occupational,
or professional licensing board or entity, for working for a registered
organization according to sections 152.22 to 152.31.
(h) The registered organization is prohibited from acquiring,
possessing, cultivating, manufacturing, delivering, transferring, transporting,
supplying, or dispensing marijuana for any purpose except to assist registered
qualifying patients with the medical use of marijuana directly or through the
qualifying patients' other primary caregiver.
(i) The registered organization shall implement appropriate
security measures to deter and prevent the unauthorized entrance into areas
containing marijuana or marijuana plants and the theft of marijuana or
marijuana plants. By December 1 of each
year, the organization shall submit a summary of the security measures
implemented to the commissioner. The
commissioner shall review these measures and, if deemed advisable, require
reasonable upgrades to security to better protect the marijuana or marijuana
plants.
(j) Registered organizations may cultivate marijuana only
indoors.
Subd. 6. Delivery; charging for services. (a) A registered organization may deliver
up to 2.5 ounces of usable marijuana to a qualifying patient within the state
to be used in accordance with sections 152.22 to 152.31.
(b) A registered organization may charge a qualifying patient
or a primary caregiver for authorized services rendered under sections 152.22
to 152.31. Payment under this paragraph
does not constitute sale of controlled substances.
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Subd. 7. Background checks; felony drug convictions. (a) As used in this subdivision,
"felony drug offense" means a violation of a state or federal
controlled substance law that is classified as a felony under Minnesota law or
would be classified as a felony under Minnesota law if committed in Minnesota,
regardless of the sentence imposed.
(b) The department shall request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension
on all employees, agents, and board members of a registered organization. An application for registry identification
cards for employees, agents, and board members must be accompanied by an
executed criminal history consent form, including fingerprints.
(c) The superintendent of the Bureau of Criminal Apprehension
shall perform the background check required under paragraph (b) by retrieving
criminal history data maintained in the Criminal Justice Information System
computers and shall also conduct a search of the national criminal records
repository, including the criminal justice data communications network. The superintendent is authorized to exchange
fingerprints with the Federal Bureau of Investigation for purposes of the
criminal history check.
(d) The Bureau of Criminal Apprehension and its agents may
not directly or indirectly disclose to the Federal Bureau of Investigation or
any other person that the purpose of the background check is related to the medical
use of marijuana or registered organizations.
(e) The department shall refuse to issue a registry card to
any agent, employee, or board member of a registered organization who has been
convicted of a drug felony. The
department, without disclosing the actual results of the national records
check, shall notify the registered organization in writing of the purpose for
denying the registry identification card.
However, the department may grant the person a registry identification
card if the person's conviction was for the medical use of marijuana or
assisting with the medical use of marijuana.
(f) If a registered organization has employed an agent, board
member, or employee and is notified that the person failed the background check,
it shall terminate the person's status as an agent, board member, or employee
within 24 hours of receiving written notification. The result of the criminal background check
is private information, and the registered organization may not disclose it,
except to defend itself of any charges related to employment law.
(g) No person who has been convicted of a drug felony offense
may be the agent, board member, or employee of a registered organization. Notwithstanding this provision, a person may
apply to the department for a waiver if the person's conviction was for the
medical use of marijuana or assisting with the medical use of marijuana. A person who is employed by, an agent of, or
a board member of a registered organization in violation of this section is
guilty of a civil violation punishable by a fine of up to $1,000. A subsequent violation of this section is a
gross misdemeanor.
(h) No registered organization may knowingly and willfully
allow a person who has been convicted of a drug felony to be its agent, board
member, or employee unless the department has granted the person a registry
identification card because the person's conviction was for the medical use of
marijuana. A violation is punishable by
a fine of up to $2,000.
Subd. 8. Penalty. (a) The
registered organization may not possess an amount of marijuana that exceeds the
allowable amount of marijuana. The
registered organization may not dispense, deliver, or otherwise transfer
marijuana to a person other than a qualifying patient or the patient's primary
caregiver. An intentional violation of
this subdivision is a felony punishable by imprisonment for not more than two
years or by payment of a fine of not more than $3,000, or both. This penalty is in addition to any other penalties
applicable in law.
(b) A person convicted of violating paragraph (a) may not
continue to be affiliated with the registered organization and is disqualified
from further participation under sections 152.22 to 152.31.
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Sec. 10. [152.32] SUNSET.
Sections 152.22 to 152.32 and 13.3806, subdivision 21, expire
October 1, 2011.
Sec. 11. IMPLEMENTATION.
The commissioner of health must begin issuing registry
identification cards and registered organization licenses under Minnesota
Statutes, sections 152.22 to 152.32, by October 1, 2009.
Sec. 12. FEES.
Fees raised in Minnesota Statutes, sections 152.22 to 152.31,
are appropriated and deposited in the state government special revenue fund.
Sec. 13. APPROPRIATIONS.
$436,000 for fiscal year 2010 and $517,000 for fiscal year
2011 are appropriated from the state government special revenue fund to the commissioner
of health to implement Minnesota Statutes, sections 152.22 to 152.31. This is a onetime appropriation.
Sec. 14. EFFECTIVE DATE.
Sections 1 to 9 are effective August 1, 2009."
Delete the title and insert:
"A bill for an act relating to health; providing for the medical use
of marijuana; providing civil and criminal penalties; providing an expiration
date for medical use of marijuana provisions; appropriating money; amending
Minnesota Statutes 2008, section 13.3806, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 152."
With the recommendation that when so amended the bill pass and be
re-referred to the Committee on Ways and Means.
The report was adopted.
Carlson from the Committee on Finance to which was referred:
S. F. No. 1012, A bill for an act relating to state government;
appropriating money for environment and natural resources.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. MINNESOTA RESOURCES APPROPRIATION.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this act. The
appropriations are from the environment and natural resources trust fund, or
another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2010"
and "2011" used in
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this act mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010
and 2011.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 2. MINNESOTA
RESOURCES.
Subdivision
1. Total Appropriation $26,088,000 $-0-
Appropriations
by Fund
2010 2011
Environment and
Natural Resources
Trust 25,622,000 -0-
Great Lakes Protection
Account 66,000 -0-
State Land and Water
Conservation Account
(LAWCON) 400,000 -0-
Appropriations are available for two
years beginning July 1, 2009, unless otherwise stated in the
appropriation. Any unencumbered balance
remaining in the first year does not cancel and is available for the second year.
Subd.
2. Definitions
(a) "Trust fund" means the
Minnesota environment and natural resources trust fund referred to in Minnesota
Statutes, section 116P.02, subdivision 6.
(b) "Great Lakes protection
account" means the account referred to in Minnesota Statutes, section
116Q.02.
(c) "State land and water
conservation account (LAWCON)" means the state land and water conservation
account in the natural resources fund referred to in Minnesota Statutes,
section 116P.14.
Subd.
3. Natural Resource Data and Information 5,995,000 -0-
(a) Minnesota County Biological
Survey
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$2,100,000 is from the trust fund to
the commissioner of natural resources for continuation of the Minnesota county
biological survey to provide a foundation for conserving biological diversity
by systematically collecting, interpreting, and delivering data on plant and
animal distribution and ecology, native plant communities, and functional
landscapes.
(b) County Geological Atlas and
South-Central Minnesota Groundwater
$2,695,000 is from the trust fund for
collection and interpretation of subsurface geological information and acceleration
of the county geologic atlas program. $820,000 of this appropriation is to the
Board of Regents of the University of Minnesota for the geological survey to
continue and to initiate the production of county geologic atlases. $1,875,000
of this appropriation is to the commissioner of natural resources to
investigate the physical and recharge characteristics of the Mt. Simon
aquifer. This appropriation represents a
continuing effort to complete the county geologic atlases throughout the
state. This appropriation is available
until June 30, 2012, at which time the project must be completed and final
products delivered, unless an earlier date is specified in the work program.
(c) Soil Survey
$400,000 is from the trust fund to
the Board of Water and Soil Resources to accelerate the county soil survey
mapping and Web-based data delivery.
This appropriation represents a continuing effort to complete the
mapping. The soil surveys must be done
on a cost-share basis with local and federal funds.
(d) Springshed Mapping for Trout
Stream Management
$500,000 is from the trust fund to
continue to identify and delineate supply areas and springsheds for springs
serving as coldwater sources for trout streams and to assess the impacts from
development and water appropriations. Of
this appropriation, $250,000 is to the Board of Regents of the University of
Minnesota and $250,000 is to the commissioner of natural resources.
(e) Restorable Wetlands Inventory
$300,000 is from the trust fund to
the commissioner of natural resources for an agreement with Ducks Unlimited,
Inc., to complete the inventory, mapping, and digitizing of drained restorable
wetlands in Minnesota. This
appropriation is available until June 30, 2012, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
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Subd. 4. Land,
Habitat, and Recreation 13,227,000 -0-
Appropriations
by Fund
Environment
and
Natural Resources
Trust 12,827,000 -0-
State
Land and Water
Conservation Account
(LAWCON) 400,000 -0-
(a)
State Parks Acquisition
$590,000 is from the trust fund to the commissioner of
natural resources to acquire in-holdings for state parks. Land acquired with this appropriation must be
sufficiently improved to meet at least minimum management standards as
determined by the commissioner of natural resources. A list of proposed acquisitions must be
provided as part of the required work program.
(b)
State Trail Acquisition
$1,000,000 is from the trust fund to the commissioner
of natural resources to assist in the acquisition of the Brown's Creek Segment
of the Willard Munger Trail in Washington County and Paul Bunyan State Trail in
the city of Bemidji.
(c)
Metropolitan Regional Park System Acquisition
$1,290,000 is from the trust fund to the Metropolitan
Council for subgrants for the acquisition of lands within the approved park
unit boundaries of the metropolitan regional park system. This appropriation may not be used for the
purchase of residential structures. A
list of proposed fee title and easement acquisitions must be provided as part
of the required work program. All
funding for conservation easements must include a long-term stewardship plan
and funding for monitoring and enforcing the agreement. This appropriation must be matched by at
least 40 percent of nonstate money and must
be committed by December 31, 2009, or the appropriation cancels. This appropriation is available until
June 30, 2012, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(d) Statewide Scientific and Natural Area Acquisition
and Restoration
$590,000 is from the trust fund to the commissioner of
natural resources to acquire high quality native plant communities and rare
features and restore parts of scientific and natural areas as provided
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in Minnesota Statutes, section 86A.05, subdivision
5. A list of proposed acquisitions must
be provided as part of the required work program.
(e) Minnesota's Habitat
Conservation Partnership (HCP) - Phase VI
$3,375,000 is from the trust fund to the commissioner
of natural resources for the sixth appropriation for acceleration of agency
programs and cooperative agreements. Of
this appropriation, $770,000 is for the Department of Natural Resources agency
programs and $2,605,000 is for agreements as follows: $450,000 with Pheasants
Forever; $50,000 with Minnesota Deer Hunters Association; $895,000 with Ducks
Unlimited, Inc.; $85,000 with National Wild Turkey Federation; $365,000 with
the Nature Conservancy; $210,000 with Minnesota Land Trust; $350,000 with the
Trust for Public Land; $100,000 with Minnesota Valley National Wildlife Refuge
Trust, Inc.; $50,000 with the United States Fish and Wildlife Service; and
$50,000 with Friends of Detroit Lakes Watershed Management District to plan,
restore, and acquire fragmented landscape corridors that connect areas of
quality habitat to sustain fish, wildlife, and plants. The United States Department of
Agriculture-Natural Resources Conservation Service is a cooperating partner in
the appropriation. Expenditures are limited
to the project corridor areas as defined in the work program. Land acquired with this appropriation must be
sufficiently improved to meet at least minimum habitat and facility management
standards as determined by the commissioner of natural resources. This appropriation may not be used for the
purchase of residential structures, unless expressly approved in the work
program. All conservation easements must
be perpetual and have a natural resource management plan. Any land acquired in fee title by the
commissioner of natural resources with money from this appropriation must be
designated as an outdoor recreation unit under Minnesota Statutes, section
86A.07. The commissioner may similarly
designate any lands acquired in less than fee title. A list of proposed restorations and fee title
and easement acquisitions must be provided as part of the required work
program. All funding for conservation
easements must include a long-term stewardship plan and funding for monitoring
and enforcing the agreement. To the
maximum extent practical, consistent with contractual easement or fee
acquisition obligations, the recipients shall utilize staff resources to
identify future projects and shall maximize the implementation of biodiverse,
quality restoration projects in the project proposal into the first half of the
2010 fiscal year.
(f)
Metro Conservation Corridors (MeCC) - Phase V
$3,375,000 is from the trust fund to
the commissioner of natural resources for the fifth appropriation for
acceleration of agency programs and cooperative agreements. Of this appropriation,
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$2,185,000 is for Department of
Natural Resources agency programs and $1,190,000 is for agreements as follows:
$380,000 with the Trust for Public Land; $90,000 with Friends of the
Mississippi River; $155,000 with Great River Greening; $250,000 with Minnesota
Land Trust; $225,000 with Minnesota Valley National Wildlife Refuge Trust,
Inc.; and $90,000 with Friends of the Minnesota Valley for the purposes of
planning, restoring, and protecting important natural areas in the metropolitan
area, as defined under Minnesota Statutes, section 473.121, subdivision 2, and
portions of the surrounding counties, through grants, contracted services,
technical assistance, conservation easements, and fee title acquisition. Land acquired with this appropriation must be
sufficiently improved to meet at least minimum management standards as
determined by the commissioner of natural resources. Expenditures are limited to the identified
project corridor areas as defined in the work program. This appropriation may not be used for the
purchase of residential structures, unless expressly approved in the work
program. All conservation easements must
be perpetual and have a natural resource management plan. Any land acquired in fee title by the commissioner
of natural resources with money from this appropriation must be designated as
an outdoor recreation unit under Minnesota Statutes, section 86A.07. The commissioner may similarly designate any
lands acquired in less than fee title. A
list of proposed restorations and fee title and easement acquisitions must be
provided as part of the required work program.
All funding for conservation easements must include a long-term
stewardship plan and funding for monitoring and enforcing the agreement. To the maximum extent practical, consistent
with contractual easement or fee acquisition obligations, the recipients shall
utilize staff resources to identify future projects and shall maximize the
implementation of biodiverse, quality restoration projects in the project
proposal into the first half of the 2010 fiscal year.
(g) Statewide Ecological Ranking of
Conservation Reserve Program (CRP) and Other Critical
Lands
$107,000 is from the trust fund to the
Board of Water and Soil Resources to continue the efforts funded by the
emerging issues account allocation to identify and rank the ecological value of
conservation reserve program (CRP) and other critical lands throughout
Minnesota using a multiple parameter approach including soil productivity,
landscape, water, and wildlife factors.
(h) Protection of Granite Rock Outcrop
Ecosystem
$1,500,000 is from the trust fund to
the Board of Water and Soil Resources, in cooperation with the Renville Soil
and Water Conservation District, to acquire perpetual easements of unique
granite rock outcrops located in the Upper Minnesota River Valley and to
restore their ecological integrity.
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(i)
Minnesota Farm Bill Assistance Project
$1,000,000 is from the trust fund to the Board of
Water and Soil Resources to provide funding for technical staff to assist in
the implementation provisions of conservation programs including the federal
farm bill conservation programs.
Documentation must be provided on the number of landowner contacts,
program participation, federal dollars leveraged, quantifiable criteria, and
measurement of the improvements to water quality and habitat.
(j) Land and Water Conservation Account (LAWCON)
Federal Reimbursements
$400,000 is from the state land and water conservation
account (LAWCON) in the natural resources fund to the commissioner of natural
resources for priorities established by the commissioner for eligible state
projects and administrative and planning activities consistent with Minnesota
Statutes, section 116P.14, and the federal Land and Water Conservation Fund
Act.
Subd. 5. Water
Resources 2,063,000 -0-
(a)
Removal of Endocrine Disruptors; Treatment and Education
$275,000 is from the trust fund to the Board of
Regents at the University of Minnesota to continue research on the removal of
endocrine disruptors from Minnesota's waters through strategies of enhancing
treatment at wastewater treatment plants and decreasing the use of the
compounds. This appropriation is
available until June 30, 2012, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.
(b) Vulnerability of Fish Populations in Lakes to
Endocrine Disrupting Contaminants
$297,000 is from the trust fund to the commissioner of
natural resources for an agreement with the United States Geologic Survey and
St. Cloud State University to develop quantitative data on juvenile and adult
fish vulnerability to endocrine-active emerging contaminants found in Minnesota
lakes. This appropriation is available
until June 30, 2012, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(c)
Cooperative Habitat Research in Deep Lakes
$825,000 is from the trust fund to the commissioner of
natural resources to assess the consequences of large ecological drivers of
change on water quality and habitat dynamics of deep water lakes with coldwater
fish populations. This appropriation is
available
Journal of the House - 51st Day - Monday, May 11, 2009
- Top of Page 5111
until June 30, 2012, at which time the project must be
completed and final products delivered, unless an earlier date is specified in
the work program.
(d)
Intensified Tile Drainage Evaluation
$300,000 is from the trust fund to the Science Museum
of Minnesota for the St. Croix watershed research station to conduct a
comparative assessment of hydrologic changes in watersheds with and without
intensive tile drainage to determine the effects of climate and tile drainage on
river erosion. This appropriation is
available until June 30, 2012, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.
(e)
Citizen-Based Stormwater Management
$279,000 is from the trust fund to the commissioner of
natural resources for an agreement with Metro Blooms, in cooperation with
Minnehaha Creek Watershed District and the city of Minneapolis, to install and
evaluate the effectiveness of rain gardens on improving the impaired water of
Powderhorn Lake in Minneapolis. This
appropriation is available until June 30, 2012, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(f)
Minnesota Drainage Law Analysis and Evaluation
$87,000 is from the trust fund to the commissioner of
natural resources for an agreement with Smith Partners PLLP to identify and
analyze legal and policy issues where the drainage code conflicts with other
laws impacting protection of public waters and wetlands.
Subd. 6. Aquatic
and Terrestrial Invasive Species 1,068,000 -0-
Appropriations
by Fund
Environment
and
Natural Resources
Trust 1,002,000 -0-
Great
Lakes
Protection Account 66,000 -0-
(a) Ballast Water Sampling Method Development and
Treatment Technology
$300,000 is from the trust fund and $66,000 is from
the Great Lakes protection account to the commissioner of the Pollution Control
Agency in cooperation with the Department of Natural
Journal of the House - 51st Day - Monday, May 11, 2009
- Top of Page 5112
Resources to conduct monitoring for aquatic invasive
species in ballast water discharges to Minnesota waters of Lake Superior and to
test the effectiveness of ballast water treatment systems.
(b) Emergency Delivery System
Development for Disinfecting Ballast Water
$125,000 is from the trust fund to
the commissioner of the Pollution Control Agency for an agreement with the
United States Geologic Survey to test the viability of treating ballast water
through tank access ports or air vents as a means to prevent the spread of
invasive species.
(c) Improving Emerging Fish Disease
Surveillance in Minnesota
$80,000 is from the trust fund to the
Board of Regents of the University of Minnesota to assess mechanisms and
control of the transmission of Heterosporosis, an emerging fish disease in
Minnesota, to assist in future management decisions and research.
(d) Controlling the Movement of
Invasive Fish Species
$300,000 is from the trust fund to
the Board of Regents of the University of Minnesota to develop and test sonic
barriers that could be effective in preventing and controlling the movement of
invasive carp in Minnesota's waterways.
This appropriation is available until June 30, 2012, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(e) Prevention and Early Detection of
Invasive Earthworms
$150,000 is from the trust fund to
the Board of Regents of the University of Minnesota Natural Resources Research
Institute for a risk assessment of the methods of spreading, testing of
management recommendations, and identification of key areas for action in the
state to reduce the impacts of invasive earthworms on hardwood forest
productivity. This appropriation is
available until June 30, 2012, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.
(f) Native Plant Biodiversity,
Invasive Plant Species, and Invertebrates
$47,000 is from the trust fund to the
commissioner of natural resources for an agreement with Concordia College to
survey plant, pollinator, and invertebrate biodiversity in native and restored
prairies to assess impacts on invasive species and food sources for grassland
birds and ecosystem services.
Journal of the House - 51st Day - Monday, May 11, 2009
- Top of Page 5113
Subd. 7. Energy
2,323,000 -0-
(a)
Options to Decarbonize Minnesota's Electrical Power System
$143,000 is from the trust fund to the Board of
Regents of the University of Minnesota to analyze the Minnesota Climate Change
Advisory Group's greenhouse gas reduction recommendations related to electrical
power from a life-cycle analysis and a socio-political perspective.
(b) Projecting Environmental Trajectories for
Energy-Water-Habitat Planning
$180,000 is from the trust fund to the Board of
Regents of the University of Minnesota to combine detailed climatic records of
Minnesota with present and past ecosystem boundaries to forecast future
fine-scale flow of climate across the state impacting human activities and natural
resources.
(c)
Energy Efficient Cities
$2,000,000 is from the trust fund to the commissioner
of commerce for an agreement with the Center for Energy and Environment for
demonstration of innovative residential energy efficiency delivery and
financing strategies, training, installation, evaluation, and recommendations
for a utility residential energy conservation program.
Subd. 8. Administration
and Other 1,412,000 -0-
(a)
Contract Management
$158,000 is from the trust fund to the commissioner of
natural resources for contract management for duties assigned in Laws 2007,
chapter 30, section 2, and Laws 2008, chapter 367, section 2, and for
additional duties as assigned in this section.
(b) Legislative-Citizen Commission on Minnesota
Resources (LCCMR)
$1,254,000 is from the trust fund for fiscal years
2010 and 2011 and is for administration as provided in Minnesota Statutes,
section 116P.09, subdivision 5.
Subd. 9. Availability
of Appropriations
Unless otherwise provided, the amounts in this section
are available until June 30, 2011, when projects must be completed and final
products delivered. For acquisition of
real property, the amounts in this section are available until June 30, 2012,
if a binding contract is entered into by June 30, 2011, and closed not
Journal of the House - 51st Day - Monday, May 11, 2009
- Top of Page 5114
later than June 30, 2012. If a project receives a federal grant, the
time period of the appropriation is extended to equal the federal grant period.
Subd. 10. Data
Availability Requirements
Data collected by the projects funded under this
section that have value for planning and management of natural resources,
emergency preparedness, and infrastructure investments must conform to the
enterprise information architecture developed by the Office of Enterprise
Technology. Spatial data must conform to
geographic information system guidelines and standards outlined in that
architecture and adopted by the Minnesota Geographic Data Clearinghouse at the
Land Management Information Center. A
description of these data that adheres to the Office of Enterprise Technology
geographic metadata standards must be submitted to the Land Management
Information Center to be made available online through the clearinghouse and
the data must be accessible and free to the public unless made private under
the Data Practices Act, Minnesota Statutes, chapter 13.
To the extent practicable, summary data and results of
projects funded under this section should be readily accessible on the Internet
and identified as an environment and natural resources trust fund project.
Subd. 11. Project
Requirements
(a) As a condition of accepting an appropriation in
this section, any agency or entity receiving an appropriation must, for any
project funded in whole or in part with funds from the appropriation:
(1) comply with Minnesota Statutes, chapter 116P;
(2) plant vegetation only of native ecotypes to
Minnesota and preferably of the local ecotype using a high diversity of species
grown as close to the restoration site as possible;
(3) when restoring prairies:
(i) use seeds and plant materials that originate as
close to the site as possible in the same county as the restoration site or
within 25 miles of the county border, but not across the boundary of an ecotype
region. Ecotype regions are defined by
the Department of Natural Resources map, "Minnesota Ecotype Regions Map -
County Landscape Groupings Based on Ecological Subsections," dated
February 15, 2007;
(ii) if seeds and plant material described in item (i)
are not available, use seeds and plant materials from within the same ecotype
region; or
Journal of the House - 51st Day - Monday, May 11, 2009
- Top of Page 5115
(iii) if seeds and plant material described in item
(i) or (ii) are not available, use seeds and plant materials from within the
same ecotype region or within 25 miles of the ecotype region boundary.
Use of seeds and plant materials from beyond the
geographic areas described in this clause must be expressly approved in the
work program;
(4) provide that all conservation easements:
(i) are perpetual;
(ii) specify the parties to an easement in the
easement;
(iii) specify all of the provisions of an agreement
that are perpetual;
(iv) are sent to the office of the Legislative-Citizen
Commission on Minnesota Resources in an electronic format; and
(v) include a long-term stewardship plan and funding
for monitoring and enforcing the easement agreement;
(5) give priority in any acquisition of land or
interest in land to high quality natural resources or conservation lands that
provide natural buffers to water resources;
(6) to ensure public accountability for the use of
public funds, provide to the Legislative-Citizen Commission on Minnesota
Resources documentation of the selection process used to identify parcels
acquired and provide documentation of all related transaction costs, including
but not limited to appraisals, legal fees, recording fees, commissions, other
similar costs, and donations. This
information must be provided for all parties involved in the transaction. The recipient shall also report to the
Legislative-Citizen Commission on Minnesota Resources any difference between
the acquisition amount paid to the seller and the state-certified or
state-reviewed appraisal. Acquisition
data such as appraisals may remain private during negotiations but must
ultimately be made public according to Minnesota Statutes, chapter 13; and
(7) give consideration to contracting with the
Minnesota Conservation Corps for contract restoration and enhancement services.
(b) The Legislative-Citizen Commission on Minnesota
Resources shall review the requirement in paragraph (a), clause (6), and
provide a recommendation whether to continue or modify the requirement in
future years. The commission may waive
the application of paragraph (a), clause (6), for specific projects.
Journal of the House - 51st Day - Monday, May 11, 2009
- Top of Page 5116
Subd.
12. Payment Conditions and Capital Equipment Expenditures
All agreements, grants, or contracts referred to in
this section must be administered on a reimbursement basis unless otherwise
provided in this section.
Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on
or after July 1, 2009, or the date the work program is approved, whichever is
later, are eligible for reimbursement unless otherwise provided in this
section. Periodic payment must be made
upon receiving documentation that the deliverable items articulated in the
approved work program have been achieved, including partial achievements as
evidenced by approved progress reports.
Reasonable amounts may be advanced to projects to accommodate cash flow
needs or match federal money. The
advances must be approved as part of the work program. No expenditures for capital equipment are
allowed unless expressly authorized in the project work program.
Subd. 13. Purchase
of Recycled and Recyclable Materials
A political subdivision, public or private
corporation, or other entity that receives an appropriation in this section
must use the appropriation in compliance with Minnesota Statutes, sections 16B.121,
regarding purchase of recycled, repairable, and durable materials, and 16B.122,
regarding purchase and use of paper stock and printing.
Subd.
14. Energy Conservation and Sustainable Building Guidelines
A recipient to whom an appropriation is made in this
section for a capital improvement project shall ensure that the project
complies with the applicable energy conservation and sustainable building
guidelines and standards contained in law, including Minnesota Statutes,
sections 16B.325, 216C.19, and 216C.20, and rules adopted thereunder. The recipient may use the energy planning,
advocacy, and State Energy Office units of the Department of Commerce to obtain
information and technical assistance on energy conservation and alternative
energy development relating to the planning and construction of the capital
improvement project.
Subd. 15. Accessibility
Structural and nonstructural facilities must meet the
design standards in the Americans with Disabilities Act (ADA) accessibility
guidelines.
Subd. 16. Carryforward
The availability of the appropriations for the
following projects is extended to June 30, 2010:
Journal of
the House - 51st Day - Monday, May 11, 2009 - Top of Page 5117
(1) Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision 9, paragraph (a), completing
third-party certification of Department of Natural Resources forest lands, as
extended by Laws 2007, chapter 30, section 2, subdivision 16;
(2) Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision 10, paragraph (a), clean energy
resource teams and community wind energy rebate, as amended by Laws 2006,
chapter 243, section 15;
(3) Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision 10, paragraph (e), wind to
hydrogen demonstration, as extended by Laws 2007, chapter 30, section 2,
subdivision 16;
(4) Laws 2007, chapter 30, section 2,
subdivision 4, paragraph (a), forest legacy conservation easements; and
(5) Laws 2007, chapter 30, section 2,
subdivision 5, paragraph (m), threat of emerging contaminants to Upper
Mississippi walleye.
Sec. 3. Minnesota Statutes 2008, section 116P.05,
subdivision 2, is amended to read:
Subd. 2. Duties. (a) The commission shall recommend an annual or
biennial legislative bill for appropriations from the environment and
natural resources trust fund and shall adopt a strategic plan as provided in
section 116P.08. Approval of the
recommended legislative bill requires an affirmative vote of at least 12
members of the commission.
(b) The commission shall recommend
expenditures to the legislature from the state land and water conservation
account in the natural resources fund.
(c) It is a condition of acceptance
of the appropriations made from the Minnesota environment and natural resources
trust fund, and oil overcharge money under section 4.071, subdivision 2, that
the agency or entity receiving the appropriation must submit a work program and
semiannual progress reports in the form determined by the Legislative-Citizen Commission on Minnesota
Resources, and comply with applicable reporting requirements under section
116P.16. None of the money provided may
be spent unless the commission has approved the pertinent work program.
(d) The peer review panel created
under section 116P.08 must also review, comment, and report to the commission
on research proposals applying for an appropriation from the oil overcharge
money under section 4.071, subdivision 2.
(e) The commission may adopt
operating procedures to fulfill its duties under this chapter.
(f) As part of the operating
procedures, the commission shall:
(1) ensure that members' expectations
are to participate in all meetings related to funding decision recommendations;
(2) recommend adequate funding for
increased citizen outreach and communications for trust fund expenditure
planning;
Journal of the
House - 51st Day - Monday, May 11, 2009 - Top of Page 5118
(3) allow administrative expenses as
part of individual project expenditures based on need;
(4) provide for project outcome
evaluation;
(5) keep the grant application,
administration, and review process as simple as possible; and
(6) define and emphasize the
leveraging of additional sources of money that project proposers should
consider when making trust fund proposals.
Sec. 4. Minnesota Statutes 2008, section 116P.08,
subdivision 4, is amended to read:
Subd. 4. Legislative
recommendations. (a) Funding may be
provided only for those projects that meet the categories established in
subdivision 1.
(b) The commission must recommend an
annual or biennial legislative bill to make appropriations from the
trust fund for the purposes provided in subdivision 1. The recommendations must be submitted to the
governor for inclusion in the biennial budget and supplemental budget submitted
to the legislature.
(c) The commission may recommend
regional block grants for a portion of trust fund expenditures to partner with
existing regional organizations that have strong citizen involvement, to
address unique local needs and capacity, and to leverage all available funding
sources for projects.
(d) The commission may recommend the
establishment of an annual emerging issues account in its annual
legislative bill for funding emerging issues, which come up unexpectedly, but
which still adhere to the commission's strategic plan, to be approved by the
governor after initiation and recommendation by the commission.
(e) Money in the trust fund may not
be spent except under an appropriation by law.
Sec. 5. Minnesota Statutes 2008, section 116P.10, is
amended to read:
116P.10 ROYALTIES, COPYRIGHTS, PATENTS, AND SALE OF PRODUCTS AND ASSETS.
(a) This section applies to projects
supported by the trust fund and the oil overcharge money referred to in section
4.071, subdivision 2, each of which is referred to in this section as a
"fund."
(b) The fund owns and shall take
title to the percentage of a royalty, copyright, or patent resulting from a
project supported by the fund equal to the percentage of the project's total
funding provided by the fund. Cash
receipts resulting from a royalty, copyright, or patent, or the sale of the
fund's rights to a royalty, copyright, or patent, must be credited immediately
to the principal of the fund. Receipts
from Minnesota future resources fund projects must be credited to the trust
fund. The commission may include in its annual
legislative bill a recommendation to relinquish the ownership or rights to a
royalty, copyright, or patent resulting from a project supported by the fund to
the project's proposer when the amount of the original grant or loan, plus
interest, has been repaid to the fund.
(c) If a project supported by the
fund results in net income from the sale of products or assets developed or
acquired by an appropriation from the fund, the appropriation must be repaid to
the fund in an amount equal to the percentage of the project's total funding
provided by the fund. The commission may
include in its annual legislative bill a recommendation to relinquish
the income if a plan is approved for reinvestment of the income in the project
or when the amount of the original grant or loan, plus interest, has been
repaid to the fund."
Journal of the
House - 51st Day - Monday, May 11, 2009 - Top of Page 5119
Delete the title and insert:
"A bill for an act relating to
state government; appropriating money for environment and natural resources; modifying
duties of Legislative-Citizen Commission on Minnesota Resources; amending
Minnesota Statutes 2008, sections 116P.05, subdivision 2; 116P.08, subdivision
4; 116P.10."
With the recommendation that when so
amended the bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
SECOND
READING OF HOUSE BILLS
H.
F. Nos. 984, 1132, 1744 and 2367 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Kalin introduced:
H. F. No. 2378, A bill for an act relating
to capital improvements; appropriating money for water and sewer improvements
in Rush City; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred
to the Committee on Finance.
Ruud introduced:
H. F. No. 2379, A bill for an act relating
to health; requiring coverage for prosthetic devices; proposing coding for new
law in Minnesota Statutes, chapter 62A.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Jackson and Kelly introduced:
H. F. No. 2380, A bill for an act relating
to legislative enactments; correcting miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and technical errors;
amending Minnesota Statutes 2008, section 169.865, subdivision 1.
The bill was read for the first time and
referred to the Committee on Rules and Legislative Administration.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5120
Atkins introduced:
H. F. No. 2381, A bill for an act relating
to public safety; requiring retention of gang affiliation data; amending Minnesota
Statutes 2008, section 299C.091, subdivision 5.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
Sertich moved that
the House recess subject to the call of the Chair. The motion prevailed.
RECESS
RECONVENED
The House
reconvened and was called to order by Speaker pro tempore Sertich.
REPORT FROM THE COMMITTEE ON RULES AND
LEGISLATIVE ADMINISTRATION
Sertich from the
Committee on Rules and Legislative Administration, pursuant to rule 1.21,
designated the following bills to be placed on the Supplemental Calendar for
the Day for Monday, May 11, 2009:
S. F. No. 1096;
H. F. Nos. 2073, 696 and 1193; S. F. No. 1036;
H. F. No. 1298; S. F. Nos. 1794 and 489; and
H. F. No. 1988.
CALENDAR FOR
THE DAY
H. F. No. 211
was reported to the House.
Swails moved
to amend H. F. No. 211 as follows:
Page 1,
lines 10 and 18, delete "must" and insert "may"
The motion prevailed and the amendment was
adopted.
Eastlund was excused for the remainder of
today's session.
Emmer moved
to amend H. F. No. 211, as amended, as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
327A.01, subdivision 7, is amended to read:
Subd.
7. Vendor. "Vendor" means any person, firm,
or corporation which that constructs dwellings for the purpose of
sale, including the construction of dwellings on land owned by vendees. Vendor does not include a vendor's
subcontractor or material supplier.
Journal of the House - 51st
Day - Monday, May 11, 2009 - Top of Page 5121
Sec. 2. Minnesota Statutes 2008, section 327A.01, is
amended by adding a subdivision to read:
Subd. 12. Inspection. "Inspection" means a visual
inspection or an invasive inspection, if any damage caused to the property
during the invasive inspection is patched or repaired so as to prevent further
damage.
Sec. 3. Minnesota Statutes 2008, section 327A.01, is
amended by adding a subdivision to read:
Subd. 13. Insurer. "Insurer" means an insurance
company with a duty to defend the vendor against general or specific liability
for the alleged damage, notwithstanding the theory of liability.
Sec. 4. Minnesota Statutes 2008, section 327A.02,
subdivision 4, is amended to read:
Subd. 4. Response
from vendor to notice of claim. (a) Following
notice under section 327A.03, The vendee must allow an inspection and
opportunity to for purposes of the preparation of an offer to repair
the known alleged loss or damage pursuant to section 327A.09. Upon request of the vendee, a court may
order the vendor to conduct the inspection.
The inspection must be performed by the vendor or a designee or
designees and any an offer to repair must be made in writing
to the vendee within 30 45 days of the vendor's receipt of the
written notice required under section 327A.03, clause (a), alleging loss or
damage the notification required by section 327A.03, clause (a), or
commencement of suit, whichever occurs first.
The vendor's insurer may also participate in the inspection for purposes
of preparing an independent offer of repair. The applicable statute of limitations is
tolled from the date the written notice provided by the vendee is postmarked,
or if not sent through the mail, received by the vendor until the earliest of
the following:
(1) the date the vendee
rejects vendor gives written notice to the vendee of the vendor's
offer to repair;
(2) the date the vendor
rejects the vendee's claim in writing rejection of the claim;
(3) failure by the vendor to
make an offer to repair within the 30-day time period described
in this subdivision; or
(4) 180 days.
For purposes of this subdivision, "vendor"
includes a home improvement contractor.
(b) Upon completion of
repairs as described in an offer to repair, the vendor must provide the vendee
with a list of the repairs made and a notice that the vendee may have a
right to pursue a warranty claim under this chapter. Provision of this statement is not an
admission of liability. Compliance
with this subdivision does not affect any rights of the vendee under this
chapter.
(c) Within 45 days of notice
of injury or commencement of suit, the vendor must give written notice of the
claim to its insurer. The vendor is
liable to the insurer in the amount of $50 for every business day this notice
is not given unless the vendor has more than one insurer and at least one of
the insurers received the written notice required by this subdivision.
Sec. 5. [327A.09]
RIGHT TO REPAIR.
Subdivision 1. Scope
and cost of repair. (a)
Within 15 days of the inspection authorized by section 327A.02, subdivision 4,
the vendor must provide to the vendee and the vendor's insurer an offer of
repair. The offer of repair must
include, at a minimum:
(1) the scope of the
proposed repair work;
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5122
(2) the
proposed date on which the repair work would begin and the estimated date of
completion; and
(3) the estimated
cost of the repair, including the amounts of the specific bids from
subcontractors the vendor intends to use, if any, and the amounts included in
the estimated cost for overhead and profit.
(b) This
subdivision does not prevent the vendee from obtaining the information in
paragraph (a) from another contractor or from negotiating with the vendor for a
different scope of work, provided that the negotiation does not extend the time
for notifying the insurer.
(c) If the
vendee and vendor agree to a scope of work and no objection is received
pursuant to paragraph (d), the vendor must begin the repair work in accordance
with the offer of repair and the vendor's insurer must pay for this work
subject to a right of subrogation.
(d) If the vendee
accepts the vendor's offer of repair but the insurer objects to the scope of
the proposed repair work, the insurer must complete the inspection required by
subdivision 2 within 30 days of receipt of a copy of the vendor's offer of
repair.
(e) If the
vendee accepts the vendor's offer of repair but the insurer objects to the
vendor's estimated cost of repair, the insurer must:
(1) hire a
contractor and subcontractors, subject to the approval of the vendee which must
not be unreasonably withheld, to repair the loss or damage at the insurer's
expense, subject to the insurer's right of subrogation; or
(2) pay the
insurer's estimated cost of repair directly to the vendee, in which case the
vendee has a direct cause of action against the insurer for any additional
damages.
Subd. 2. Failure
to agree. (a) If the vendor
and the vendee cannot agree on the scope of work within 15 days after the offer
of repair is presented to the vendee, the vendee must allow an inspection of
the loss or damage by the vendor's insurer for purposes of preparing an
independent offer of repair. The
vendor's insurer must complete its inspection no later than 30 days after
receiving notice of an impasse between the vendor and vendee. The vendor's insurer has 15 days after an inspection
to present the vendee with an offer of repair containing the information in
subdivision 1, paragraph (a).
(b) If the
vendee accepts the insurer's offer of repair, the insurer must pay for all work
done pursuant to this scope of work, subject to the insurer's right of
subrogation. The insurer may select a
new contractor to complete the repair work if the insurer determines, in good
faith, that the vendor is incapable of completing the work or the vendor is responsible
for the loss or damage.
(c) If the
vendee rejects the insurer's offer of repair, the insurer must pay the
insurer's estimated cost of repair directly to the vendee and the vendee has a
direct cause of action against the insurer for any additional damages.
(d) If the
insurer fails to comply with its obligations under paragraph (a), the insurer
is liable for a civil penalty of $500, in addition to actual damages.
Subd. 3. Recovery. (a) If the vendee commences an action
pursuant to subdivision 1, paragraph (e), clause (2), or subdivision 2,
paragraph (c), and prevails in the action, the vendee, in addition to the other
costs and disbursements awarded, is entitled to recover reasonable attorney
fees from the insurer. For purposes of
this subdivision, a vendee prevails in the action if the vendee proves damages
existed at the time of the insurer's offer of repair that exceeded 110 percent
of the insurer's estimated cost of repair and that the insurer acted in bad
faith.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5123
(b) If the
vendee commences an action pursuant to subdivision 1, paragraph (e), clause
(2), or subdivision 2, paragraph (c), and the vendor's insurer prevails in the
action and the court determines that the vendee acted in bad faith, the insurer
is entitled to recover reasonable attorney fees, in addition to other costs and
disbursements. For purposes of this
subdivision, an insurer prevails in the action if the vendee proves damages
existed at the time of the insurer's offer of repair that are less than 90
percent of the insurer's estimated cost of repair.
(c) If the
vendor fails to perform the inspection required by section 327A.02, subdivision
4, the vendor is deemed to have breached the warranty provided in this
section. The vendor's insurer may cure
the breach by completing the inspection and providing the offer of repair
required by subdivision 2.
(d) An insurer
may not refuse to insure the vendor or substantially raise the vendor's
insurance premiums solely as a result of the insurer is payment for repairs
pursuant to this section. An insurer may
not avoid its duty to defend or its duty to indemnify solely as a result of the
vendor's failure to timely provide the notice required by section 327A.02,
subdivision 4, paragraph (b). This
section does not preclude an insurer from maintaining an action in subrogation
or to recover damages from the vendor as a result of the vendor's conduct or
lack of conduct.
Subd. 4. Stay. If a suit is commenced on a claim for an
injury arising from an improvement to residential real property, the suit is
stayed until the process required by this section has been complied with or
breached.
Subd. 5. Effect
of certain actions. (a) This
section does not make an insurer that pays for repair work pursuant to this
section a vendor or home improvement contractor.
(b) This
section does not make a subcontractor or material supplier retained by the
vendor or vendor's insurer a home improvement contractor.
(c) A
vendor does not become a home improvement contractor by complying with its
obligations under this section.
Sec.
6. EFFECTIVE
DATE; APPLICATION.
Sections 1
to 5 are effective the day following final enactment and apply to notices of
injury given, and actions commenced, on or after that date.
This
section does not revive claims already barred or extend any applicable statute
of limitations or repose."
Delete the
title and insert:
"A
bill for an act relating to real property; statutory warranties; providing for
notice and opportunity to repair with certain conditions; providing remedies;
amending Minnesota Statutes 2008, sections 327A.01, subdivision 7, by adding
subdivisions; 327A.02, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapter 327A."
A roll call was requested and properly
seconded.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5124
The question was taken on the Emmer
amendment and the roll was called. There
were 58 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Brod
Brown
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Hosch
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Newton
Nornes
Obermueller
Pelowski
Peppin
Poppe
Reinert
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Thissen
Torkelson
Urdahl
Ward
Westrom
Zellers
Those who voted in the negative were:
Abeler
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Persell
Peterson
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Tillberry
Wagenius
Welti
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Emmer moved
to amend H. F. No. 211, as amended, as follows:
Page 1, line
11, after the period, insert "The vendee must not be awarded attorney
fees if the court finds that the vendor made a good-faith effort to remedy the
defect or breach."
Page 1, line
19, after the period, insert "The owner must not be awarded attorney
fees if the court finds that the home improvement contractor made a good-faith
effort to remedy the defect or breach."
A roll call was requested and properly
seconded.
The question was taken on the Emmer
amendment and the roll was called. There
were 57 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Brod
Brown
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Dill
Doepke
Downey
Drazkowski
Emmer
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5125
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Hosch
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Newton
Nornes
Obermueller
Pelowski
Peppin
Poppe
Reinert
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Ward
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Persell
Peterson
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Wagenius
Welti
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Kohls moved to amend H. F.
No. 211, as amended, as follows:
Page 1, line 9, delete the
new language and insert "The prevailing party may be awarded costs,
disbursements, and reasonable attorney's fees."
Page 1, lines 10 and 11,
delete the new language
Page 1, delete line 18 and
insert "The prevailing party may be awarded costs, disbursements, and
reasonable attorney's fees."
Page 1, line 19, delete the
new language
A roll call was requested and properly seconded.
The question was taken on the Kohls amendment and the roll was
called. There were 52 yeas and 79 nays
as follows:
Those who
voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Brod
Brown
Buesgens
Cornish
Dean
Demmer
Dettmer
Dill
Doepke
Downey
Drazkowski
Emmer
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Hosch
Howes
Kath
Kelly
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5126
Pelowski
Peppin
Poppe
Reinert
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Ward
Westrom
Zellers
Those who voted in the negative were:
Abeler
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Davids
Davnie
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kiffmeyer
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Persell
Peterson
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Wagenius
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
H. F. No. 211, A bill for an act relating
to civil actions; statutory housing warranties; regulating recovery for
breaches; amending Minnesota Statutes 2008, section 327A.05.
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 80 yeas and 51 nays as follows:
Those who voted in the affirmative were:
Abeler
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dittrich
Doepke
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kelly
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mariani
Marquart
Masin
McFarlane
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Norton
Olin
Otremba
Paymar
Persell
Peterson
Ruud
Sailer
Sanders
Scalze
Scott
Sertich
Simon
Slawik
Slocum
Smith
Swails
Thao
Thissen
Tillberry
Wagenius
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Dill
Doty
Downey
Drazkowski
Emmer
Gottwalt
Gunther
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5127
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Hosch
Howes
Kath
Kiffmeyer
Kohls
Lanning
Magnus
McNamara
Murdock
Nelson
Newton
Nornes
Obermueller
Pelowski
Peppin
Poppe
Reinert
Rosenthal
Rukavina
Seifert
Severson
Shimanski
Sterner
Torkelson
Urdahl
Ward
Westrom
Zellers
The bill was passed, as amended, and its title agreed to.
H. F. No. 412 was reported to the House.
Bunn moved to amend H. F.
No. 412, the first engrossment, as follows:
Page 1, line 15, strike
"under section 327A.05" and delete "or an action based on"
Page 1, line 16, delete
"breach of an express written warranty"
The motion prevailed and the amendment was adopted.
Buesgens moved to amend H.
F. No. 412, the first engrossment, as amended, as follows:
Page 1, line 22, delete
"pending or"
A roll call was requested and properly seconded.
The question was taken on the Buesgens amendment and the roll
was called. There were 59 yeas and 72
nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Brod
Brown
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Dill
Doepke
Doty
Downey
Drazkowski
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Hosch
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Obermueller
Pelowski
Peppin
Poppe
Reinert
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Ward
Westrom
Zellers
Those who
voted in the negative were:
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dittrich
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5128
Hortman
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Olin
Otremba
Paymar
Persell
Peterson
Rosenthal
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Wagenius
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
H. F. No. 412, A bill for an act relating
to real estate; adjusting the statute of repose for homeowner warranty claims; amending
Minnesota Statutes 2008, section 541.051, subdivision 4.
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 77 yeas and 54 nays as follows:
Those who voted in the affirmative were:
Atkins
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dittrich
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kiffmeyer
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Persell
Peterson
Rosenthal
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Swails
Thao
Thissen
Tillberry
Wagenius
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Benson
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Dill
Doepke
Doty
Downey
Drazkowski
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Hosch
Howes
Kelly
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Pelowski
Peppin
Poppe
Reinert
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Sterner
Torkelson
Urdahl
Ward
Zellers
The bill was passed, as amended, and its
title agreed to.
Speaker pro tempore Sertich called Hortman
to the Chair.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5129
H. F. No. 362, A bill for an act relating
to real estate; eliminating a requirement that homeowner's notice to building
contractor of construction defect be in writing; amending Minnesota Statutes
2008, sections 327A.02, subdivision 4; 327A.03.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 73 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Newton
Obermueller
Olin
Otremba
Paymar
Persell
Rosenthal
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Brod
Brown
Buesgens
Davids
Dean
Demmer
Dettmer
Dill
Doepke
Downey
Drazkowski
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Hosch
Howes
Juhnke
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nelson
Nornes
Norton
Pelowski
Peppin
Peterson
Poppe
Reinert
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Sterner
Torkelson
Urdahl
Westrom
Zellers
The bill was passed and its title agreed to.
H. F. No. 330 was reported
to the House.
Buesgens
moved to amend H. F. No. 330 as follows:
Page 2,
line 21, delete "for" and insert a period
Page 2,
delete line 22
The motion did not prevail and the
amendment was not adopted.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5130
H. F. No. 330, A bill for an act relating
to real estate; providing homeowners with a longer period within which to
notify contractors of construction defects; amending Minnesota Statutes 2008,
section 327A.03.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There were
73 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Anderson, S.
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
McFarlane
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Olin
Otremba
Paymar
Persell
Peterson
Reinert
Rosenthal
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Swails
Thao
Tillberry
Wagenius
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anzelc
Beard
Brod
Brown
Buesgens
Davids
Dean
Demmer
Dettmer
Dill
Downey
Drazkowski
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Hosch
Howes
Juhnke
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McNamara
Morrow
Murdock
Nornes
Norton
Obermueller
Pelowski
Peppin
Poppe
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Sterner
Thissen
Torkelson
Urdahl
Ward
Welti
Westrom
Zellers
The bill was passed and its title agreed
to.
H. F. No. 239 was reported
to the House.
Emmer moved
to amend H. F. No. 239, the first engrossment, as follows:
Page 1,
after line 24, insert:
"Sec.
2. [327A.09]
CHOICE OF REMEDY.
A person who
recovers damages under sections 327A.01 to 327A.08 may not recover the same costs
or damages under any other law. A person
who recovers damages under any other law may not recover for the same costs or
damages under sections 327A.01 to 327A.08."
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5131
H. F. No. 239, A bill for an act relating
to real estate; permitting homeowners to recover certain damages incurred due
to faulty construction; amending Minnesota Statutes 2008, section 327A.05;
proposing coding for new law in Minnesota Statutes, chapter 327A.
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 68 yeas and 63 nays as follows:
Those who voted in the affirmative were:
Atkins
Benson
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Olin
Paymar
Persell
Peterson
Rosenthal
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Swails
Thao
Thissen
Tillberry
Wagenius
Welti
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Bigham
Brod
Brown
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Doty
Downey
Drazkowski
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Hosch
Howes
Juhnke
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Morrow
Murdock
Nornes
Norton
Obermueller
Otremba
Pelowski
Peppin
Poppe
Reinert
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Sterner
Torkelson
Urdahl
Ward
Westrom
Winkler
Zellers
The bill was passed, as amended, and its
title agreed to.
H. F. No. 420 was reported
to the House.
Laine moved
to amend H. F. No. 420, the first engrossment, as follows:
Page 3,
line 16, strike "created" and insert "included as part of the
construction contract"
Page 3,
line 17, delete "as part of the construction contract"
The motion prevailed and the amendment was
adopted.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5132
H. F. No. 420, A bill for an act relating
to real estate; requiring that existing statutory implied residential
construction warranties be made as express warranties and be provided to the
buyer in writing; prohibiting waivers of the warranty; amending Minnesota
Statutes 2008, sections 327A.04; 327A.06; 327A.07; 327A.08.
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 89 yeas and 42 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kiffmeyer
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Sterner
Swails
Thao
Tillberry
Wagenius
Ward
Welti
Winkler
Spk.
Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Buesgens
Davids
Dean
Demmer
Dettmer
Downey
Drazkowski
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kath
Kelly
Kohls
Lanning
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Olin
Peppin
Scott
Seifert
Severson
Shimanski
Thissen
Torkelson
Urdahl
Westrom
Zellers
The bill was passed, as amended, and its
title agreed to.
The following Conference Committee
report was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 1362
A bill for
an act relating to state government; establishing the health and human services
budget; making changes to licensing; Minnesota family investment program,
children, and adult supports; child support; the Department of Health; health
care programs; making technical changes; chemical and mental health; continuing
care programs; establishing the State-County Results, Accountability, and
Service Delivery Redesign; public health; health-related fees; making forecast
adjustments; creating work groups and pilot projects; requiring reports;
decreasing provider reimbursements; increasing fees; appropriating money to
various state agencies for health and human services provisions; amending
Minnesota Statutes 2008, sections 62J.495; 62J.496; 62J.497, subdivisions 1, 2,
by adding
Journal of the
House - 51st Day - Monday, May 11, 2009 - Top of Page 5133
subdivisions;
62J.692, subdivision 7; 103I.208, subdivision 2; 125A.744, subdivision 3;
144.0724, subdivisions 2, 4, 8, by adding subdivisions; 144.121, subdivisions
1a, 1b; 144.122; 144.1222, subdivision 1a; 144.125, subdivision 1; 144.226,
subdivision 4; 144.72, subdivisions 1, 3; 144.9501, subdivisions 22b, 26a, by
adding subdivisions; 144.9505, subdivisions 1g, 4; 144.9508, subdivisions 2, 3,
4; 144.9512, subdivision 2; 144.966, by adding a subdivision; 144.97, subdivisions
2, 4, 6, by adding subdivisions; 144.98, subdivisions 1, 2, 3, by adding
subdivisions; 144.99, subdivision 1; 144A.073, by adding a subdivision;
144A.44, subdivision 2; 144A.46, subdivision 1; 148.108; 148.6445, by adding a
subdivision; 148D.180, subdivisions 1, 2, 3, 5; 148E.180, subdivisions 1, 2, 3,
5; 153A.17; 156.015; 157.15, by adding a subdivision; 157.16; 157.22; 176.011,
subdivision 9; 245.462, subdivision 18; 245.470, subdivision 1; 245.4871,
subdivision 27; 245.488, subdivision 1; 245.4885, subdivision 1; 245A.03, by
adding a subdivision; 245A.10, subdivisions 2, 3, 4, 5, by adding subdivisions;
245A.11, subdivision 2a, by adding a subdivision; 245A.16, subdivisions 1, 3;
245C.03, subdivision 2; 245C.04, subdivisions 1, 3; 245C.05, subdivision 4;
245C.08, subdivision 2; 245C.10, subdivision 3, by adding subdivisions;
245C.17, by adding a subdivision; 245C.20; 245C.21, subdivision 1a; 245C.23,
subdivision 2; 246.50, subdivision 5, by adding subdivisions; 246.51, by adding
subdivisions; 246.511; 246.52; 246B.01, by adding subdivisions; 252.46, by
adding a subdivision; 252.50, subdivision 1; 254A.02, by adding a subdivision;
254A.16, by adding a subdivision; 254B.03, subdivisions 1, 3, by adding a
subdivision; 254B.05, subdivision 1; 254B.09, subdivision 2; 256.01,
subdivision 2b, by adding subdivisions; 256.045, subdivision 3; 256.476,
subdivisions 5, 11; 256.962, subdivisions 2, 6; 256.963, by adding a
subdivision; 256.969, subdivision 3a; 256.975, subdivision 7; 256.983,
subdivision 1; 256B.04, subdivision 16; 256B.055, subdivisions 7, 12; 256B.056,
subdivisions 3, 3b, 3c, by adding a subdivision; 256B.057, subdivisions 3, 9,
by adding a subdivision; 256B.0575; 256B.0595, subdivisions 1, 2; 256B.06,
subdivisions 4, 5; 256B.0621, subdivision 2; 256B.0622, subdivision 2;
256B.0623, subdivision 5; 256B.0624, subdivisions 5, 8; 256B.0625, subdivisions
3c, 7, 8, 8a, 9, 13e, 17, 19a, 19c, 26, 41, 42, 47; 256B.0631, subdivision 1;
256B.0641, subdivision 3; 256B.0651; 256B.0652; 256B.0653; 256B.0654; 256B.0655,
subdivisions 1b, 4; 256B.0657, subdivisions 2, 6, 8, by adding a subdivision;
256B.08, by adding a subdivision; 256B.0911, subdivisions 1, 1a, 3, 3a, 4a, 5,
6, 7, by adding subdivisions; 256B.0913, subdivision 4; 256B.0915, subdivisions
3e, 3h, 5, by adding a subdivision; 256B.0916, subdivision 2; 256B.0917, by
adding a subdivision; 256B.092, subdivision 8a, by adding subdivisions;
256B.0943, subdivision 1; 256B.0944, by adding a subdivision; 256B.0945,
subdivision 4; 256B.0947, subdivision 1; 256B.15, subdivisions 1, 1a, 1h, 2, by
adding subdivisions; 256B.37, subdivisions 1, 5; 256B.434, by adding a
subdivision; 256B.437, subdivision 6; 256B.441, subdivisions 48, 55, by adding
subdivisions; 256B.49, subdivisions 12, 13, 14, 17, by adding subdivisions;
256B.501, subdivision 4a; 256B.5011, subdivision 2; 256B.5012, by adding a
subdivision; 256B.5013, subdivision 1; 256B.69, subdivisions 5a, 5c, 5f;
256B.76, subdivisions 1, 4, by adding a subdivision; 256B.761; 256D.024, by
adding a subdivision; 256D.03, subdivision 4; 256D.051, subdivision 2a;
256D.0515; 256D.06, subdivision 2; 256D.09, subdivision 6; 256D.44, subdivision
5; 256D.49, subdivision 3; 256G.02, subdivision 6; 256I.03, subdivision 7;
256I.05, subdivisions 1a, 7c; 256J.08, subdivision 73a; 256J.20, subdivision 3;
256J.24, subdivisions 5a, 10; 256J.26, by adding a subdivision; 256J.37,
subdivision 3a, by adding a subdivision; 256J.38, subdivision 1; 256J.45,
subdivision 3; 256J.49, subdivision 13; 256J.575, subdivisions 3, 6, 7;
256J.621; 256J.626, subdivision 6; 256J.751, by adding a subdivision; 256J.95,
subdivision 12; 256L.04, subdivision 10a, by adding a subdivision; 256L.05,
subdivision 1, by adding subdivisions; 256L.11, subdivisions 1, 7; 256L.12,
subdivision 9; 256L.17, subdivision 3; 259.67, by adding a subdivision;
270A.09, by adding a subdivision; 295.52, by adding a subdivision; 327.14, by
adding a subdivision; 327.15; 327.16; 327.20, subdivision 1, by adding a
subdivision; 393.07, subdivision 10; 501B.89, by adding a subdivision; 518A.53,
subdivisions 1, 4, 10; 519.05; 604A.33, subdivision 1; 609.232, subdivision 11;
626.556, subdivision 3c; 626.5572, subdivisions 6, 13, 21; Laws 2003, First
Special Session chapter 14, article 13C, section 2, subdivision 1, as amended;
Laws 2007, chapter 147, article 19, section 3, subdivision 4, as amended;
proposing coding for new law in Minnesota Statutes, chapters 62A; 62Q; 156;
246B; 254B; 256; 256B; proposing coding for new law as Minnesota Statutes,
chapter 402A; repealing Minnesota Statutes 2008, sections 62U.08; 103I.112;
144.9501, subdivision 17b; 148D.180, subdivision 8; 246.51, subdivision 1;
246.53, subdivision 3; 256.962, subdivision 7; 256B.0655, subdivisions 1, 1a,
1c, 1d, 1e, 1f, 1g, 1h, 1i, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13; 256B.071,
subdivisions 1, 2, 3, 4; 256B.092, subdivision 5a; 256B.19, subdivision 1d;
256B.431, subdivision 23; 256D.46; 256I.06, subdivision 9; 256J.626,
subdivision 7; 327.14, subdivisions 5, 6; Laws 1988, chapter 689, section 251;
Minnesota Rules, parts 4626.2015, subpart 9; 9100.0400, subparts 1, 3;
9100.0500; 9100.0600; 9500.1243, subpart 3; 9500.1261, subparts 3, 4, 5, 6;
9555.6125, subpart 4, item B.
Journal of the
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May 10,
2009
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
The Honorable James P. Metzen
President of the Senate
We, the
undersigned conferees for H. F. No. 1362 report that we have agreed upon the
items in dispute and recommend as follows:
That the
Senate recede from its amendment and that H. F. No. 1362 be further amended as
follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
LICENSING
Section 1.
Minnesota Statutes 2008, section
245A.10, subdivision 2, is amended to read:
Subd.
2. County
fees for background studies and licensing inspections. (a) For purposes of family and group family
child care licensing under this chapter, a county agency may charge a fee to an
applicant or license holder to recover the actual cost of background studies,
but in any case not to exceed $100 annually.
A county agency may also charge a license fee to an applicant or license
holder not to exceed $50 for a one-year license or $100 for a two-year license.
(b) A
county agency may charge a fee to a legal nonlicensed child care provider or
applicant for authorization to recover the actual cost of background studies
completed under section 119B.125, but in any case not to exceed $100 annually.
(c)
Counties may elect to reduce or waive the fees in paragraph (a) or (b):
(1) in
cases of financial hardship;
(2) if the
county has a shortage of providers in the county's area;
(3) for
new providers; or
(4) for
providers who have attained at least 16 hours of training before seeking
initial licensure.
(d)
Counties may allow providers to pay the applicant fees in paragraph (a) or (b)
on an installment basis for up to one year.
If the provider is receiving child care assistance payments from the
state, the provider may have the fees under paragraph (a) or (b) deducted from
the child care assistance payments for up to one year and the state shall
reimburse the county for the county fees collected in this manner.
(e) For
purposes of adult foster care and child foster care licensing under this
chapter, a county agency may charge a fee to a corporate applicant or corporate
license holder to recover the actual cost of background studies. A county agency may also charge a fee to a
corporate applicant or corporate license holder to recover the actual cost
of licensing inspections, not to exceed $500 annually.
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(f)
Counties may elect to reduce or waive the fees in paragraph (e) under the
following circumstances:
(1) in
cases of financial hardship;
(2) if the
county has a shortage of providers in the county's area; or
(3) for new
providers.
Sec.
2. Minnesota Statutes 2008, section
245A.10, subdivision 3, is amended to read:
Subd.
3. Application
fee for initial license or certification.
(a) For fees required under subdivision 1, an applicant for an initial
license or certification issued by the commissioner shall submit a $500
application fee with each new application required under this subdivision. The application fee shall not be prorated, is
nonrefundable, and is in lieu of the annual license or certification fee that
expires on December 31. The commissioner
shall not process an application until the application fee is paid.
(b) Except
as provided in clauses (1) to (3), an applicant shall apply for a license to
provide services at a specific location.
(1) For a
license to provide waivered residential-based habilitation
services to persons with developmental disabilities or related conditions
under chapter 245B, an applicant shall submit an application for each
county in which the waivered services will be provided. Upon licensure, the license holder may
provide services to persons in that county plus no more than three persons at
any one time in each of up to ten additional counties. A license holder in one county may not provide
services under the home and community-based waiver for persons with
developmental disabilities to more than three people in a second county without
holding a separate license for that second county. Applicants or licensees providing services
under this clause to not more than three persons remain subject to the
inspection fees established in section 245A.10, subdivision 2, for each
location. The license issued by the
commissioner must state the name of each additional county where services are
being provided to persons with developmental disabilities. A license holder must notify the commissioner
before making any changes that would alter the license information listed under
section 245A.04, subdivision 7, paragraph (a), including any additional counties
where persons with developmental disabilities are being served.
(2) For a
license to provide supported employment, crisis respite, or semi-independent
living services to persons with developmental disabilities or related
conditions under chapter 245B, an applicant shall submit a single application
to provide services statewide.
(3) For a
license to provide independent living assistance for youth under section
245A.22, an applicant shall submit a single application to provide services
statewide.
Sec.
3. Minnesota Statutes 2008, section 245A.11,
subdivision 2a, is amended to read:
Subd.
2a. Adult
foster care license capacity. The
commissioner shall issue adult foster care licenses with a maximum licensed
capacity of four beds, including nonstaff roomers and boarders, except that the
commissioner may issue a license with a capacity of five beds, including
roomers and boarders, according to paragraphs (a) to (e).
(a) An
adult foster care license holder may have a maximum license capacity of five if
all persons in care are age 55 or over and do not have a serious and persistent
mental illness or a developmental disability.
(b) The
commissioner may grant variances to paragraph (a) to allow a foster care
provider with a licensed capacity of five persons to admit an individual under
the age of 55 if the variance complies with section 245A.04, subdivision 9, and
approval of the variance is recommended by the county in which the licensed
foster care provider is located.
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(c) The
commissioner may grant variances to paragraph (a) to allow the use of a fifth
bed for emergency crisis services for a person with serious and persistent
mental illness or a developmental disability, regardless of age, if the
variance complies with section 245A.04, subdivision 9, and approval of the
variance is recommended by the county in which the licensed foster care
provider is located.
(d) Notwithstanding
paragraph (a), If the 2009 legislature adopts a rate reduction that
impacts providers of adult foster care services, the commissioner may issue
an adult foster care license with a capacity of five adults if the fifth bed
does not increase the overall statewide capacity of licensed adult foster care
beds in homes that are not the primary residence of the license holder, over
the licensed capacity in such homes on July 1, 2009, as identified in a plan
submitted to the commissioner by the county, when the capacity is
recommended by the county licensing agency of the county in which the facility
is located and if the recommendation verifies that:
(1) the
facility meets the physical environment requirements in the adult foster care
licensing rule;
(2) the
five-bed living arrangement is specified for each resident in the resident's:
(i)
individualized plan of care;
(ii)
individual service plan under section 256B.092, subdivision 1b, if required; or
(iii)
individual resident placement agreement under Minnesota Rules, part 9555.5105,
subpart 19, if required;
(3) the
license holder obtains written and signed informed consent from each resident
or resident's legal representative documenting the resident's informed choice
to living in the home and that the resident's refusal to consent would not have
resulted in service termination; and
(4) the
facility was licensed for adult foster care before March 1, 2003 2009.
(e) The commissioner
shall not issue a new adult foster care license under paragraph (d) after June
30, 2005 2011. The
commissioner shall allow a facility with an adult foster care license issued
under paragraph (d) before June 30, 2005 2011, to continue with a
capacity of five adults if the license holder continues to comply with the
requirements in paragraph (d).
EFFECTIVE DATE.
This section is effective July 1, 2009.
Sec.
4. Minnesota Statutes 2008, section
245A.11, is amended by adding a subdivision to read:
Subd.
7a. Alternate
overnight supervision technology; adult foster care license. (a) The commissioner may grant an
applicant or license holder an adult foster care license for a residence that
does not have a caregiver in the residence during normal sleeping hours as
required under Minnesota Rules, part 9555.5105, subpart 37, item B, but uses
monitoring technology to alert the license holder when an incident occurs that
may jeopardize the health, safety, or rights of a foster care recipient. The applicant or license holder must comply
with all other requirements under Minnesota Rules, parts 9555.5105 to
9555.6265, and the requirements under this subdivision. The license printed by the commissioner must
state in bold and large font:
(1)
that the facility is under electronic monitoring; and
(2) the
telephone number of the county's common entry point for making reports of
suspected maltreatment of vulnerable adults under section 626.557, subdivision
9.
Journal of
the House - 51st Day - Monday, May 11, 2009 - Top of Page 5137
(b)
Applications for a license under this section must be submitted directly to the
Department of Human Services licensing division. The licensing division must immediately
notify the host county and lead county contract agency and the host county
licensing agency. The licensing division
must collaborate with the county licensing agency in the review of the
application and the licensing of the program.
(c) Before
a license is issued by the commissioner, and for the duration of the license,
the applicant or license holder must establish, maintain, and document the
implementation of written policies and procedures addressing the requirements
in paragraphs (d) through (f).
(d) The
applicant or license holder must have policies and procedures that:
(1)
establish characteristics of target populations that will be admitted into the
home, and characteristics of populations that will not be accepted into the
home;
(2)
explain the discharge process when a foster care recipient requires overnight
supervision or other services that cannot be provided by the license holder due
to the limited hours that the license holder is on-site;
(3)
describe the types of events to which the program will respond with a physical
presence when those events occur in the home during time when staff are not
on-site, and how the license holder's response plan meets the requirements in
paragraph (e), clause (1) or (2);
(4)
establish a process for documenting a review of the implementation and
effectiveness of the response protocol for the response required under
paragraph (e), clause (1) or (2). The
documentation must include:
(i) a
description of the triggering incident;
(ii) the
date and time of the triggering incident;
(iii)
the time of the response or responses under paragraph (e), clause (1) or (2);
(iv)
whether the response met the resident's needs;
(v)
whether the existing policies and response protocols were followed; and
(vi)
whether the existing policies and protocols are adequate or need modification.
When no
physical presence response is completed for a three-month period, the license
holder's written policies and procedures must require a physical presence
response drill be to conducted for which the effectiveness of the response
protocol under paragraph (e), clause (1) or (2), will be reviewed and
documented as required under this clause; and
(5)
establish that emergency and nonemergency phone numbers are posted in a prominent
location in a common area of the home where they can be easily observed by a
person responding to an incident who is not otherwise affiliated with the home.
(e) The
license holder must document and include in the license application which
response alternative under clause (1) or (2) is in place for responding to
situations that present a serious risk to the health, safety, or rights of
people receiving foster care services in the home:
(1)
response alternative (1) requires only the technology to provide an electronic
notification or alert to the license holder that an event is underway that
requires a response. Under this
alternative, no more than ten minutes will pass before the license holder will
be physically present on-site to respond to the situation; or
Journal of
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(2)
response alternative (2) requires the electronic notification and alert system
under alternative (1), but more than ten minutes may pass before the license
holder is present on-site to respond to the situation. Under alternative (2), all of the following
conditions are met:
(i) the
license holder has a written description of the interactive technological
applications that will assist the licenser holder in communicating with and
assessing the needs related to care, health, and safety of the foster care
recipients. This interactive technology
must permit the license holder to remotely assess the well being of the foster
care recipient without requiring the initiation of the foster care
recipient. Requiring the foster care
recipient to initiate a telephone call does not meet this requirement;
(ii)
the license holder documents how the remote license holder is qualified and
capable of meeting the needs of the foster care recipients and assessing foster
care recipients' needs under item (i) during the absence of the license holder
on-site;
(iii)
the license holder maintains written procedures to dispatch emergency response
personnel to the site in the event of an identified emergency; and
(iv)
each foster care recipient's individualized plan of care, individual service
plan under section 256B.092, subdivision 1b, if required, or individual
resident placement agreement under Minnesota Rules, part 9555.5105, subpart 19,
if required, identifies the maximum response time, which may be greater than
ten minutes, for the license holder to be on-site for that foster care
recipient.
(f) All
placement agreements, individual service agreements, and plans applicable to
the foster care recipient must clearly state that the adult foster care license
category is a program without the presence of a caregiver in the residence
during normal sleeping hours; the protocols in place for responding to
situations that present a serious risk to health, safety, or rights of foster
care recipients under paragraph (e), clause (1) or (2); and a signed informed
consent from each foster care recipient or the person's legal representative
documenting the person's or legal representative's agreement with placement in
the program. If electronic monitoring
technology is used in the home, the informed consent form must also explain the
following:
(1) how
any electronic monitoring is incorporated into the alternative supervision
system;
(2) the
backup system for any electronic monitoring in times of electrical outages or
other equipment malfunctions;
(3) how
the license holder is trained on the use of the technology;
(4) the
event types and license holder response times established under paragraph (e);
(5) how
the license holder protects the foster care recipient's privacy related to
electronic monitoring and related to any electronically recorded data generated
by the monitoring system. A foster care
recipient may not be removed from a program under this subdivision for failure
to consent to electronic monitoring. The
consent form must explain where and how the electronically recorded data is
stored, with whom it will be shared, and how long it is retained; and
(6) the
risks and benefits of the alternative overnight supervision system.
The written
explanations under clauses (1) to (6) may be accomplished through
cross-references to other policies and procedures as long as they are explained
to the person giving consent, and the person giving consent is offered a copy.
Journal of
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(g)
Nothing in this section requires the applicant or license holder to develop or
maintain separate or duplicative polices, procedures, documentation, consent
forms, or individual plans that may be required for other licensing standards,
if the requirements of this section are incorporated into those documents.
(h) The
commissioner may grant variances to the requirements of this section according
to section 245A.04, subdivision 9.
(i) For
the purposes of paragraphs (d) through (h), license holder has the meaning
under section 245A.2, subdivision 9, and additionally includes all staff,
volunteers, and contractors affiliated with the license holder.
(j) For
the purposes of paragraph (e), the terms "assess" and
"assessing" mean to remotely determine what action the license holder
needs to take to protect the well-being of the foster care recipient.
Sec.
5. Minnesota Statutes 2008, section
245A.11, is amended by adding a subdivision to read:
Subd.
8b. Adult
foster care data privacy and security.
(a) An adult foster care license holder who creates, collects,
records, maintains, stores, or discloses any individually identifiable recipient
data, whether in an electronic or any other format, must comply with the
privacy and security provisions of applicable privacy laws and regulations,
including:
(1) the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA),
Public Law 104-1; and the HIPAA Privacy Rule, Code of Federal Regulations,
title 45, part 160, and subparts A and E of part 164; and
(2) the
Minnesota Government Data Practices Act as codified in chapter 13.
(b) For
purposes of licensure, the license holder shall be monitored for compliance
with the following data privacy and security provisions:
(1) the
license holder must control access to data on foster care recipients according
to the definitions of public and private data on individuals under section 13.02;
classification of the data on individuals as private under section 13.46,
subdivision 2; and control over the collection, storage, use, access,
protection, and contracting related to data according to section 13.05, in
which the license holder is assigned the duties of a government entity;
(2) the
license holder must provide each foster care recipient with a notice that meets
the requirements under section 13.04, in which the license holder is assigned
the duties of the government entity, and that meets the requirements of Code of
Federal Regulations, title 45, part 164.52.
The notice shall describe the purpose for collection of the data, and to
whom and why it may be disclosed pursuant to law. The notice must inform the recipient that the
license holder uses electronic monitoring and, if applicable, that recording
technology is used;
(3) the
license holder must not install monitoring cameras in bathrooms;
(4)
electronic monitoring cameras must not be concealed from the foster care
recipients; and
(5)
electronic video and audio recordings of foster care recipients shall not be
stored by the license holder for more than five days.
(c) The
commissioner shall develop, and make available to license holders and county
licensing workers, a checklist of the data privacy provisions to be monitored
for purposes of licensure.
Journal of the
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Sec.
6. Minnesota Statutes 2008, section
245A.16, subdivision 1, is amended to read:
Subdivision
1. Delegation
of authority to agencies. (a) County
agencies and private agencies that have been designated or licensed by the
commissioner to perform licensing functions and activities under section
245A.04 and background studies for adult foster care, family adult
day services, and family child care, under chapter 245C; to
recommend denial of applicants under section 245A.05; to issue correction
orders, to issue variances, and recommend a conditional license under section
245A.06, or to recommend suspending or revoking a license or issuing a fine
under section 245A.07, shall comply with rules and directives of the commissioner
governing those functions and with this section. The following variances are excluded from the
delegation of variance authority and may be issued only by the commissioner:
(1) dual
licensure of family child care and child foster care, dual licensure of child
and adult foster care, and adult foster care and family child care;
(2) adult
foster care maximum capacity;
(3) adult
foster care minimum age requirement;
(4) child
foster care maximum age requirement;
(5) variances
regarding disqualified individuals except that county agencies may issue
variances under section 245C.30 regarding disqualified individuals when the
county is responsible for conducting a consolidated reconsideration according
to sections 245C.25 and 245C.27, subdivision 2, clauses (a) and (b), of a
county maltreatment determination and a disqualification based on serious or
recurring maltreatment; and
(6) the
required presence of a caregiver in the adult foster care residence during
normal sleeping hours.
(b) County
agencies must report information about disqualification reconsiderations under
sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and
variances granted under paragraph (a), clause (5), to the commissioner at least
monthly in a format prescribed by the commissioner.
(c) For
family day care programs, the commissioner may authorize licensing reviews
every two years after a licensee has had at least one annual review.
(d) For
family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.
(e) A
license issued under this section may be issued for up to two years.
Sec.
7. Minnesota Statutes 2008, section
245A.16, subdivision 3, is amended to read:
Subd.
3. Recommendations
to commissioner. The county or
private agency shall not make recommendations to the commissioner regarding
licensure without first conducting an inspection, and for adult foster care,
family adult day services, and family child care, a background study of the
applicant under chapter 245C. The county
or private agency must forward its recommendation to the commissioner regarding
the appropriate licensing action within 20 working days of receipt of a
completed application.
Sec.
8. Minnesota Statutes 2008, section
245C.04, subdivision 1, is amended to read:
Subdivision
1. Licensed
programs. (a) The commissioner shall
conduct a background study of an individual required to be studied under
section 245C.03, subdivision 1, at least upon application for initial license
for all license types.
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(b) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1, at reapplication for a license for adult foster care, family
adult day services, and family child care.
(c) The commissioner is not required to
conduct a study of an individual at the time of reapplication for a license if
the individual's background study was completed by the commissioner of human
services for an adult foster care license holder that is also:
(1) registered under chapter 144D; or
(2) licensed to provide home and
community-based services to people with disabilities at the foster care
location and the license holder does not reside in the foster care residence;
and
(3) the following conditions are met:
(i) a study of the individual was
conducted either at the time of initial licensure or when the individual became
affiliated with the license holder;
(ii) the individual has been continuously
affiliated with the license holder since the last study was conducted; and
(iii) the last study of the individual was
conducted on or after October 1, 1995.
(d) From July 1, 2007, to June 30, 2009,
the commissioner of human services shall conduct a study of an individual
required to be studied under section 245C.03, at the time of reapplication for
a child foster care license. The county
or private agency shall collect and forward to the commissioner the information
required under section 245C.05, subdivisions 1, paragraphs (a) and (b), and 5,
paragraphs (a) and (b). The background
study conducted by the commissioner of human services under this paragraph must
include a review of the information required under section 245C.08,
subdivisions 1, paragraph (a), clauses (1) to (5), 3, and 4.
(e) The commissioner of human services
shall conduct a background study of an individual specified under section
245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
affiliated with a child foster care license holder. The county or private agency shall collect
and forward to the commissioner the information required under section 245C.05,
subdivisions 1 and 5. The background
study conducted by the commissioner of human services under this paragraph must
include a review of the information required under section 245C.08,
subdivisions 1, 3, and 4.
(f) From January 1, 2010, to December
31, 2012, unless otherwise specified in paragraph (c), the commissioner shall
conduct a study of an individual required to be studied under section 245C.03
at the time of reapplication for an adult foster care or family adult day
services license: (1) the county shall collect and forward to the commissioner
the information required under section 245C.05, subdivision 1, paragraphs (a)
and (b), and subdivision 5, paragraphs (a) and (b), for background studies
conducted by the commissioner for adult foster care and family adult day
services when the license holder resides in the adult foster care or family
adult day services residence; (2) the license holder shall collect and forward to
the commissioner the information required under section 245C.05, subdivisions
1, paragraphs (a) and (b); and 5, paragraphs (a) and (b), for background
studies conducted by the commissioner for adult foster care when the license
holder does not reside in the adult foster care residence; and (3) the
background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision
1, paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
(g) The commissioner shall conduct a
background study of an individual specified under section 245C.03, subdivision
1, paragraph (a), clauses (2) to (6), who is newly affiliated with an adult
foster care or family adult day services license holder: (1) the county shall
collect and forward to the commissioner the information required under
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section 245C.05, subdivision 1,
paragraphs (a) and (b), and subdivision 5, paragraphs (a) and (b), for
background studies conducted by the commissioner for adult foster care and
family adult day services when the license holder resides in the adult foster
care or family adult day services residence; (2) the license holder shall
collect and forward to the commissioner the information required under section
245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs (a) and (b),
for background studies conducted by the commissioner for adult foster care when
the license holder does not reside in the adult foster care residence; and (3)
the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision
1, paragraph (a), and subdivisions 3 and 4.
(h) Applicants for licensure, license
holders, and other entities as provided in this chapter must submit completed background
study forms to the commissioner before individuals specified in section
245C.03, subdivision 1, begin positions allowing direct contact in any licensed
program.
(g) (i) For purposes of this section, a
physician licensed under chapter 147 is considered to be continuously
affiliated upon the license holder's receipt from the commissioner of health or
human services of the physician's background study results.
Sec.
9. Minnesota Statutes 2008, section
245C.05, is amended by adding a subdivision to read:
Subd.
2b. County
agency to collect and forward information to the commissioner. For background studies related to adult
foster care and family adult day services when the license holder resides in
the adult foster care or family adult day services residence, the county agency
must collect the information required under subdivision 1 and forward it to the
commissioner.
Sec.
10. Minnesota Statutes 2008, section
245C.05, subdivision 4, is amended to read:
Subd.
4. Electronic
transmission. For background studies
conducted by the Department of Human Services, the commissioner shall implement
a system for the electronic transmission of:
(1)
background study information to the commissioner;
(2)
background study results to the license holder; and
(3)
background study results to county and private agencies for background studies
conducted by the commissioner for child foster care; and
(4)
background study results to county agencies for background studies conducted by
the commissioner for adult foster care and family adult day services.
Sec.
11. Minnesota Statutes 2008, section
245C.08, subdivision 2, is amended to read:
Subd.
2. Background
studies conducted by a county agency.
(a) For a background study conducted by a county agency for adult foster
care, family adult day services, and family child care services, the
commissioner shall review:
(1)
information from the county agency's record of substantiated maltreatment of
adults and the maltreatment of minors;
(2) information
from juvenile courts as required in subdivision 4 for individuals listed in
section 245C.03, subdivision 1, clauses (2), (5), and (6); and
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(3)
information from the Bureau of Criminal Apprehension.
(b) If the
individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or
counties of residence for the past five years.
(c)
Notwithstanding expungement by a court, the county agency may consider
information obtained under paragraph (a), clause (3), unless the commissioner
received notice of the petition for expungement and the court order for
expungement is directed specifically to the commissioner.
Sec.
12. Minnesota Statutes 2008, section
245C.10, is amended by adding a subdivision to read:
Subd.
5. Adult
foster care services. The
commissioner shall recover the cost of background studies required under
section 245C.03, subdivision 1, for the purposes of adult foster care and
family adult day services licensing, through a fee of no more than $20 per
study charged to the license holder. The
fees collected under this subdivision are appropriated to the commissioner for
the purpose of conducting background studies.
Sec.
13. Minnesota Statutes 2008, section
245C.10, is amended by adding a subdivision to read:
Subd.
8. Private
agencies. The commissioner
shall recover the cost of conducting background studies under section 245C.33
for studies initiated by private agencies for the purpose of adoption through a
fee of no more than $70 per study charged to the private agency. The fees collected under this subdivision are
appropriated to the commissioner for the purpose of conducting background
studies.
Sec.
14. Minnesota Statutes 2008, section
245C.17, is amended by adding a subdivision to read:
Subd.
6. Notice
to county agency. For studies
on individuals related to a license to provide adult foster care and family
adult day services, the commissioner shall also provide a notice of the
background study results to the county agency that initiated the background
study.
Sec.
15. Minnesota Statutes 2008, section 245C.20,
is amended to read:
245C.20 LICENSE HOLDER RECORD
KEEPING.
A licensed
program shall document the date the program initiates a background study under
this chapter in the program's personnel files.
When a background study is completed under this chapter, a licensed
program shall maintain a notice that the study was undertaken and completed in
the program's personnel files. Except
when background studies are initiated through the commissioner's online system,
if a licensed program has not received a response from the commissioner
under section 245C.17 within 45 days of initiation of the background study
request, the licensed program must contact the commissioner human
services licensing division to inquire about the status of the study. If a license holder initiates a background
study under the commissioner's online system, but the background study
subject's name does not appear in the list of active or recent studies
initiated by that license holder, the license holder must either contact the
human services licensing division or resubmit the background study information
online for that individual.
Sec.
16. Minnesota Statutes 2008, section
245C.21, subdivision 1a, is amended to read:
Subd.
1a. Submission
of reconsideration request to county or private agency. (a) For disqualifications related to studies
conducted by county agencies for family child care, and for
disqualifications related to studies conducted by the commissioner for child
foster care, adult foster care, and family adult day services, the
individual shall submit the request for reconsideration to the county or
private agency that initiated the background study.
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(b) For
disqualifications related to studies conducted by the commissioner for child
foster care, the individual shall submit the request for reconsideration to the
private agency that initiated the background study.
(c) A reconsideration request shall be
submitted within 30 days of the individual's receipt of the disqualification
notice or the time frames specified in subdivision 2, whichever time frame is
shorter.
(c) (d) The county or private agency shall forward the
individual's request for reconsideration and provide the commissioner with a
recommendation whether to set aside the individual's disqualification.
Sec.
17. Minnesota Statutes 2008, section
245C.23, subdivision 2, is amended to read:
Subd.
2. Commissioner's
notice of disqualification that is not set aside. (a) The commissioner shall notify the license
holder of the disqualification and order the license holder to immediately
remove the individual from any position allowing direct contact with persons
receiving services from the license holder if:
(1) the
individual studied does not submit a timely request for reconsideration under
section 245C.21;
(2) the
individual submits a timely request for reconsideration, but the commissioner
does not set aside the disqualification for that license holder under section
245C.22;
(3) an
individual who has a right to request a hearing under sections 245C.27 and 256.045,
or 245C.28 and chapter 14 for a disqualification that has not been set aside,
does not request a hearing within the specified time; or
(4) an
individual submitted a timely request for a hearing under sections 245C.27 and
256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
disqualification under section 245A.08, subdivision 5, or 256.045.
(b) If the
commissioner does not set aside the disqualification under section 245C.22, and
the license holder was previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving
services or to ensure that the individual is under continuous, direct
supervision when providing direct contact services, the order remains in effect
pending the outcome of a hearing under sections 245C.27 and 256.045, or 245C.28
and chapter 14.
(c) For
background studies related to child foster care, the commissioner shall also
notify the county or private agency that initiated the study of the results of
the reconsideration.
(d) For
background studies related to adult foster care and family adult day services,
the commissioner shall also notify the county that initiated the study of the
results of the reconsideration.
Sec.
18. Minnesota Statutes 2008, section
256B.092, is amended by adding a subdivision to read:
Subd.
5b. Revised
per diem based on legislated rate reduction. Notwithstanding section 252.28,
subdivision 3, paragraph (d), if the 2009 legislature adopts a rate reduction that
impacts payment to providers of adult foster care services, the commissioner
may issue adult foster care licenses that permit a capacity of five
adults. The application for a five-bed
license must meet the requirements of section 245A.11, subdivision 2a. Prior to admission of the fifth recipient of
adult foster care services, the county must negotiate a revised per diem rate
for room and board and waiver services that reflects the legislated rate
reduction and results in an overall average per diem reduction for all foster
care recipients in that home. The
revised per diem must allow the provider to maintain, as much as possible, the
level of services or enhanced services provided in the residence, while mitigating
the losses of the legislated rate reduction.
EFFECTIVE DATE.
This section is effective July 1, 2009.
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Sec. 19.
Minnesota Statutes 2008, section 256B.49, subdivision 17, is amended to
read:
Subd. 17.
Cost of services and supports. (a) The commissioner shall ensure that the
average per capita expenditures estimated in any fiscal year for home and
community-based waiver recipients does not exceed the average per capita
expenditures that would have been made to provide institutional services for
recipients in the absence of the waiver.
(b) The commissioner shall implement on
January 1, 2002, one or more aggregate, need-based methods for allocating to
local agencies the home and community-based waivered service resources
available to support recipients with disabilities in need of the level of care
provided in a nursing facility or a hospital.
The commissioner shall allocate resources to single counties and county
partnerships in a manner that reflects consideration of:
(1) an incentive-based payment process for
achieving outcomes;
(2) the need for a state-level risk pool;
(3) the need for retention of management
responsibility at the state agency level; and
(4) a phase-in strategy as appropriate.
(c) Until the allocation methods described
in paragraph (b) are implemented, the annual allowable reimbursement level of
home and community-based waiver services shall be the greater of:
(1) the statewide average payment amount
which the recipient is assigned under the waiver reimbursement system in place
on June 30, 2001, modified by the percentage of any provider rate increase
appropriated for home and community-based services; or
(2) an amount approved by the commissioner
based on the recipient's extraordinary needs that cannot be met within the
current allowable reimbursement level.
The increased reimbursement level must be necessary to allow the
recipient to be discharged from an institution or to prevent imminent placement
in an institution. The additional
reimbursement may be used to secure environmental modifications; assistive
technology and equipment; and increased costs for supervision, training, and
support services necessary to address the recipient's extraordinary needs. The commissioner may approve an increased
reimbursement level for up to one year of the recipient's relocation from an
institution or up to six months of a determination that a current waiver
recipient is at imminent risk of being placed in an institution.
(d) Beginning July 1, 2001, medically
necessary private duty nursing services will be authorized under this section
as complex and regular care according to sections 256B.0651 and 256B.0653 to
256B.0656. The rate established by the
commissioner for registered nurse or licensed practical nurse services under
any home and community-based waiver as of January 1, 2001, shall not be
reduced.
(e) Notwithstanding section 252.28,
subdivision 3, paragraph (d), if the 2009 legislature adopts a rate reduction
that impacts payment to providers of adult foster care services, the
commissioner may issue adult foster care licenses that permit a capacity of
five adults. The application for a
five-bed license must meet the requirements of section 245A.11, subdivision
2a. Prior to admission of the fifth
recipient of adult foster care services, the county must negotiate a revised
per diem rate for room and board and waiver services that reflects the
legislated rate reduction and results in an overall average per diem reduction
for all foster care recipients in that home.
The revised per diem must allow the provider to maintain, as much as
possible, the level of services or enhanced services provided in the residence,
while mitigating the losses of the legislated rate reduction.
EFFECTIVE
DATE. This section is effective July 1, 2009.
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Sec.
20. WAIVER.
By
December 1, 2009, the commissioner shall request all federal approvals and
waiver amendments to the disability home and community-based waivers to allow
properly licensed adult foster care homes to provide residential services for
up to five individuals.
EFFECTIVE DATE.
This section is effective July 1, 2009.
Sec.
21. REPEALER.
(a)
Minnesota Statutes 2008, section 245C.11, subdivisions 1 and 2, are repealed.
(b) Minnesota
Statutes 2008, section 256B.092, subdivision 5a, is repealed effective July 1,
2009.
(c)
Minnesota Rules, part 9555.6125, subpart 4, item B, is repealed.
ARTICLE 2
MFIP/CHILD
CARE/ADULT SUPPORTS/FRAUD PREVENTION
Section
1. Minnesota Statutes 2008, section
119B.09, subdivision 7, is amended to read:
Subd.
7. Date
of eligibility for assistance. (a)
The date of eligibility for child care assistance under this chapter is the
later of the date the application was signed; the beginning date of employment,
education, or training; the date the infant is born for applicants to the
at-home infant care program; or the date a determination has been made that the
applicant is a participant in employment and training services under Minnesota
Rules, part 3400.0080, or chapter 256J.
(b) Payment
ceases for a family under the at-home infant child care program when a family
has used a total of 12 months of assistance as specified under section
119B.035. Payment of child care
assistance for employed persons on MFIP is effective the date of employment or
the date of MFIP eligibility, whichever is later. Payment of child care assistance for MFIP or
DWP participants in employment and training services is effective the date of
commencement of the services or the date of MFIP or DWP eligibility, whichever
is later. Payment of child care
assistance for transition year child care must be made retroactive to the date
of eligibility for transition year child care.
(c)
Notwithstanding paragraph (b), payment of child care assistance for
participants eligible under section 119B.05 may only be made retroactive for a
maximum of six months from the date of application for child care assistance.
EFFECTIVE DATE.
This section is effective October 1, 2009.
Sec.
2. Minnesota Statutes 2008, section
119B.13, subdivision 6, is amended to read:
Subd.
6. Provider
payments. (a) Counties or the state
shall make vendor payments to the child care provider or pay the parent
directly for eligible child care expenses.
(b) If payments
for child care assistance are made to providers, the provider shall bill the
county for services provided within ten days of the end of the service
period. If bills are submitted within
ten days of the end of the service period, a county or the state shall issue
payment to the provider of child care under the child care fund within 30 days
of receiving a bill from the provider.
Counties or the state may establish policies that make payments on a
more frequent basis.
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(c) All bills If a provider has
received an authorization of care and been issued a billing form for an
eligible family, the bill must be submitted within 60 days of the last date
of service on the bill. A county may pay
a bill submitted more than 60 days after the last date of service if the
provider shows good cause why the bill was not submitted within 60 days. Good cause must be defined in the county's
child care fund plan under section 119B.08, subdivision 3, and the definition
of good cause must include county error.
A county may not pay any bill submitted more than a year after the last
date of service on the bill.
(d) If a provider provided care for a
time period without receiving an authorization of care and a billing form for
an eligible family, payment of child care assistance may only be made
retroactively for a maximum of six months from the date the provider is issued
an authorization of care and billing form.
(e) A county may stop payment issued to a provider or may refuse to pay a
bill submitted by a provider if:
(1) the provider admits to intentionally
giving the county materially false information on the provider's billing forms;
or
(2) a county finds by a preponderance of
the evidence that the provider intentionally gave the county materially false
information on the provider's billing forms.
(e) (f) A county's payment policies must be included in the
county's child care plan under section 119B.08, subdivision 3. If payments are made by the state, in
addition to being in compliance with this subdivision, the payments must be
made in compliance with section 16A.124.
EFFECTIVE
DATE. This section is effective October 1, 2009.
Sec. 3.
Minnesota Statutes 2008, section 119B.21, subdivision 5, is amended to
read:
Subd. 5.
Child care services grants. (a) A child care resource and referral
program designated under section 119B.19, subdivision 1a, may award child care
services grants for:
(1) creating new licensed child care
facilities and expanding existing facilities, including, but not limited to,
supplies, equipment, facility renovation, and remodeling;
(2) improving licensed child care facility
programs;
(3) staff training and development
services including, but not limited to, in-service training, curriculum
development, accreditation, certification, consulting, resource centers,
program and resource materials, supporting effective teacher-child interactions,
child-focused teaching, and content-driven classroom instruction;
(4) interim financing;
(5) capacity building through the purchase
of appropriate technology to create, enhance, and maintain business management
systems;
(6) emergency assistance for child care
programs;
(7) new programs or projects for the
creation, expansion, or improvement of programs that serve ethnic immigrant and
refugee communities; and
(8) targeted recruitment initiatives to
expand and build the capacity of the child care system and to improve the
quality of care provided by legal nonlicensed child care providers.
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(b) A
child care resource and referral program designated under section 119B.19,
subdivision 1a, may award child care services grants to:
(1)
licensed providers;
(2)
providers in the process of being licensed;
(3)
corporations or public agencies that develop or provide child care services;
(4)
school-age care programs;
(5) legal
nonlicensed or family, friend, and neighbor care providers; or
(6) any
combination of clauses (1) to (5).
(c) A
recipient of a child care services grant for facility improvements, interim financing,
or staff training and development must provide a 25 percent local match.
(d)
Beginning July 1, 2009, grants under this subdivision shall be increasingly
awarded for activities that improve provider quality, including activities
under paragraph (a), clauses (1) to (3) and (7).
Sec.
4. Minnesota Statutes 2008, section
119B.21, subdivision 10, is amended to read:
Subd.
10. Family
child care technical assistance grants.
(a) A child care resource and referral organization designated under
section 119B.19, subdivision 1a, may award technical assistance grants of up to
$1,000. These grants may be used for:
(1)
facility improvements, including, but not limited to, improvements to meet
licensing requirements;
(2)
improvements to expand a child care facility or program;
(3) toys,
materials, and equipment to improve the learning environment;
(4)
technology and software to create, enhance, and maintain business management
systems;
(5)
start-up costs;
(6) staff
training and development; and
(7) other
uses approved by the commissioner.
(b) A
child care resource and referral program may award family child care technical
assistance grants to:
(1)
licensed family child care providers;
(2) child care
providers in the process of becoming licensed; or
(3) legal
nonlicensed or family, friend, and neighbor care providers.
(c) A
local match is not required for a family child care technical assistance grant.
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(d)
Beginning July 1, 2009, grants under this subdivision shall be increasingly
awarded for activities that improve provider quality, including activities
under paragraph (a), clauses (1), (3), and (6).
Sec.
5. Minnesota Statutes 2008, section
119B.231, subdivision 2, is amended to read:
Subd.
2. Provider
eligibility. (a) To be considered
for an SRSA, a provider shall apply to the commissioner or have been chosen
as an SRSA provider prior to June 30, 2009, and have complied with all
requirements of the SRSA agreement.
Priority for funds is given to providers who had agreements prior to
June 30, 2009. If sufficient funds are
available, the commissioner shall make applications available to additional
providers. To be eligible to apply
for an SRSA, a provider shall:
(1) be
eligible for child care assistance payments under chapter 119B;
(2) have at
least 25 percent of the children enrolled with the provider subsidized through
the child care assistance program;
(3) provide
full-time, full-year child care services; and
(4) serve
at least one child who is subsidized through the child care assistance program and
who is expected to enter kindergarten within the following 30 months
have obtained a level 3 or 4 star rating under the voluntary Parent Aware
quality rating system.
(b) The
commissioner may waive the 25 percent requirement in paragraph (a), clause (2),
if necessary to achieve geographic distribution of SRSA providers and diversity
of types of care provided by SRSA providers.
(c) An
eligible provider who would like to enter into an SRSA with the commissioner
shall submit an SRSA application. To
determine whether to enter into an SRSA with a provider, the commissioner shall
evaluate the following factors:
(1) the qualifications
of the provider and the provider's staff provider's Parent Aware rating
score;
(2) the
provider's staff-child ratios;
(3) the
provider's curriculum;
(4) the
provider's current or planned parent education activities;
(5) (2) the provider's current or
planned social service and employment linkages;
(6) the
provider's child development assessment plan;
(7) (3) the geographic distribution
needed for SRSA providers;
(8) (4) the inclusion of a variety
of child care delivery models; and
(9) (5) other related factors
determined by the commissioner.
Sec.
6. Minnesota Statutes 2008, section
119B.231, subdivision 3, is amended to read:
Subd.
3. Family
and child eligibility. (a) A family
eligible to choose an SRSA provider for their children shall:
(1) be
eligible to receive child care assistance under any provision in chapter 119B
except section 119B.035;
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(2) be in
an authorized activity for an average of at least 35 hours per week when
initial eligibility is determined; and
(3) include
a child who has not yet entered kindergarten.
(b) A
family who is determined to be eligible to choose an SRSA provider remains
eligible to be paid at a higher rate through the SRSA provider when the
following conditions exist:
(1) the
child attends child care with the SRSA provider a minimum of 25 hours per week,
on average;
(2) the
family has a child who has not yet entered kindergarten; and
(3) the
family maintains eligibility under chapter 119B except section 119B.035.
(c) For
the 12 months After initial eligibility has been determined, a decrease in
the family's authorized activities to an average of less than 35 hours per week
does not result in ineligibility for the SRSA rate. A family must continue to maintain
eligibility under this chapter and be in an authorized activity.
(d) A
family that moves between counties but continues to use the same SRSA provider
shall continue to receive SRSA funding for the increased payments.
Sec.
7. Minnesota Statutes 2008, section 119B.231,
subdivision 4, is amended to read:
Subd.
4. Requirements
of providers. An SRSA must include
assessment, evaluation, and reporting requirements that promote the goals of
improved school readiness and movement toward appropriate child development milestones. A provider who enters into an SRSA shall
comply with all SRSA requirements, including the assessment, evaluation,
and reporting requirements in the SRSA. Providers
who have been selected previously for SRSAs must begin the process to obtain a
rating using Parent Aware according to timelines established by the
commissioner. If the initial Parent
Aware rating is less than three stars, the provider must submit a plan to
improve the rating. If a 3 or 4 star
rating is not obtained within established timelines, the commissioner may
consider continuation of the agreement, depending upon the progress made and
other factors. Providers who apply and
are selected for a new SRSA agreement on or after July 1, 2009, must have a
level 3 or 4 star rating under the voluntary Parent Aware quality rating system
at the time the SRSA agreement is signed.
Sec.
8. Minnesota Statutes 2008, section
145A.17, is amended by adding a subdivision to read:
Subd.
4a. Home
visitors as MFIP employment and training service providers. The county social service agency and the
local public health department may mutually agree to utilize home visitors
under this section as MFIP employment and training service providers under section
256J.49, subdivision 4, for MFIP participants who are: (1) ill or incapacitated
under section 256J.425, subdivision 2; or (2) minor caregivers under section
256J.54. The county social service
agency and the local public health department may also mutually agree to
utilize home visitors to provide outreach to MFIP families who are being
sanctioned or who have been terminated from MFIP due to the 60-month time
limit.
Sec.
9. Minnesota Statutes 2008, section
256.045, subdivision 3, is amended to read:
Subd.
3. State
agency hearings. (a) State agency
hearings are available for the following:
(1) any
person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county
agency 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;
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(2) any patient or relative aggrieved by
an order of the commissioner under section 252.27;
(3) a party aggrieved by a ruling of a
prepaid health plan;
(4) except as provided under chapter 245C,
any individual or facility determined by a lead agency to have maltreated a
vulnerable adult under section 626.557 after they have exercised their right to
administrative reconsideration under section 626.557;
(5) any person whose claim for foster care
payment according to a placement of the child resulting from a child protection
assessment under section 626.556 is denied or not acted upon with reasonable
promptness, regardless of funding source;
(6) any person to whom a right of appeal
according to this section is given by other provision of law;
(7) an applicant aggrieved by an adverse
decision to an application for a hardship waiver under section 256B.15;
(8) an applicant aggrieved by an adverse
decision to an application or redetermination for a Medicare Part D
prescription drug subsidy under section 256B.04, subdivision 4a;
(9) except as provided under chapter 245A,
an individual or facility determined to have maltreated a minor under section
626.556, after the individual or facility has exercised the right to
administrative reconsideration under section 626.556; or
(10) except as provided under chapter
245C, an individual disqualified under sections 245C.14 and 245C.15, on the
basis of serious or recurring maltreatment; a preponderance of the evidence
that the individual has committed an act or acts that meet the definition of
any of the crimes listed in section 245C.15, subdivisions 1 to 4; or for
failing to make reports required under section 626.556, subdivision 3, or
626.557, subdivision 3. Hearings
regarding a maltreatment determination under clause (4) or (9) and a
disqualification under this clause in which the basis for a disqualification is
serious or recurring maltreatment, which has not been set aside under sections
245C.22 and 245C.23, shall be consolidated into a single fair hearing. In such cases, the scope of review by the
human services referee shall include both the maltreatment determination and
the disqualification. The failure to
exercise the right to an administrative reconsideration shall not be a bar to a
hearing under this section if federal law provides an individual the right to a
hearing to dispute a finding of maltreatment.
Individuals and organizations specified in this section may contest the
specified action, decision, or final disposition 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, decision, or final disposition,
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.; or
(11) any person with an outstanding debt
resulting from receipt of public assistance, medical care, or the federal Food
Stamp Act who is contesting a setoff claim by the Department of Human Services
or a county agency. The scope of the
appeal is the validity of the claimant agency's intention to request a setoff
of a refund under chapter 270A against the debt.
(b) The hearing for an individual or
facility under paragraph (a), clause (4), (9), or (10), is the only
administrative appeal to the final agency determination specifically, including
a challenge to the accuracy and completeness of data under section 13.04. Hearings requested under paragraph (a),
clause (4), apply only to incidents of maltreatment that occur on or after
October 1, 1995. Hearings requested by
nursing assistants in nursing homes alleged to have maltreated a resident prior
to October 1, 1995, shall be held as a contested case proceeding under the
provisions of chapter 14. Hearings
requested under paragraph (a), clause (9), apply only to incidents of
maltreatment that occur on or after July 1, 1997. A hearing for an individual or facility under
paragraph (a), clause (9), is only available when there is no juvenile court or
adult criminal action pending. If such
action is
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filed in either court while an
administrative review is pending, the administrative review must be suspended
until the judicial actions are completed.
If the juvenile court action or criminal charge is dismissed or the
criminal action overturned, the matter may be considered in an administrative
hearing.
(c) For
purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.
(d) The
scope of hearings involving claims to foster care payments under paragraph (a),
clause (5), shall be limited to the issue of whether the county is legally
responsible for a child's placement under court order or voluntary placement
agreement and, if so, the correct amount of foster care payment to be made on
the child's behalf and shall not include review of the propriety of the
county's child protection determination or child placement decision.
(e) 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 is not a
party and may not request a hearing under this section, except if assisting a
recipient as provided in subdivision 4.
(f) An
applicant or recipient is not entitled to receive social services beyond the
services prescribed under chapter 256M or other social services the person is
eligible for under state law.
(g) The
commissioner may summarily affirm the county or state agency's proposed action without
a hearing when the sole issue is an automatic change due to a change in state
or federal law.
Sec.
10. Minnesota Statutes 2008, section
256.983, subdivision 1, is amended to read:
Subdivision
1. Programs
established. Within the limits of available
appropriations, the commissioner of human services shall require the
maintenance of budget neutral fraud prevention investigation programs in the
counties participating in the fraud prevention investigation project
established under this section. If funds
are sufficient, the commissioner may also extend fraud prevention investigation
programs to other counties provided the expansion is budget neutral to the
state. Under any expansion, the
commissioner has the final authority in decisions regarding the creation and
realignment of individual county or regional operations.
Sec.
11. Minnesota Statutes 2008, section
256I.03, subdivision 7, is amended 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.
EFFECTIVE DATE.
This section is effective April 1, 2010.
Sec.
12. Minnesota Statutes 2008, section
256I.05, subdivision 7c, is amended to read:
Subd.
7c. Demonstration
project. The commissioner is
authorized to pursue the expansion of a demonstration project under
federal food stamp regulation for the purpose of gaining additional
federal reimbursement of food and nutritional costs currently paid by the state
group residential housing program. The
commissioner shall seek approval no later than January 1, 2004
October 1, 2009. Any reimbursement
received is nondedicated revenue to the general fund.
Sec.
13. Minnesota Statutes 2008, section
256J.24, subdivision 5, is amended to read:
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Subd.
5. MFIP
transitional standard. The MFIP
transitional standard is based on the number of persons in the assistance unit
eligible for both food and cash assistance unless the restrictions in subdivision
6 on the birth of a child apply. The
following table represents the transitional standards effective October 1,
2007 April 1, 2009.
Number
of Eligible People Transitional
Standard Cash Portion Food Portion
1 $391
$428: $250 $141 $178
2 $698
$764: $437 $261 $327
3 $910
$1,005: $532 $378 $473
4 $1,091
$1,217: $621 $470 $596
5 $1,245
$1,393: $697 $548 $696
6 $1,425
$1,602: $773 $652 $829
7 $1,553
$1,748: $850 $703 $898
8 $1,713
$1,934: $916 $797 $1,018
9 $1,871
$2,119: $980 $891 $1,139
10 $2,024
$2,298: $1,035 $989 $1,263
over
10 add $151
$178: $53 $98 $125
per
additional member.
The commissioner shall annually
publish in the State Register the transitional standard for an assistance unit sizes
1 to 10 including a breakdown of the cash and food portions.
EFFECTIVE DATE. This section is
effective retroactively from April 1, 2009.
Sec. 14. Minnesota Statutes 2008, section 256J.425,
subdivision 2, is amended to read:
Subd. 2. Ill or
incapacitated. (a) An assistance
unit subject to the time limit in section 256J.42, subdivision 1, is eligible
to receive months of assistance under a hardship extension if the participant
who reached the time limit belongs to any of the following groups:
(1) participants who are suffering
from an illness, injury, or incapacity which has been certified by a qualified
professional when the illness, injury, or incapacity is expected to continue
for more than 30 days and prevents the person from obtaining or retaining
employment severely limits the person's ability to obtain or maintain
suitable employment. These
participants must follow the treatment recommendations of the qualified
professional certifying the illness, injury, or incapacity;
(2) participants whose presence in
the home is required as a caregiver because of the illness, injury, or
incapacity of another member in the assistance unit, a relative in the
household, or a foster child in the household when the illness or incapacity
and the need for a person to provide assistance in the home has been certified
by a qualified professional and is expected to continue for more than 30 days;
or
(3) caregivers with a child or an
adult in the household who meets the disability or medical criteria for home
care services under section 256B.0651, subdivision 1, paragraph (c), or a home
and community-based waiver services program under chapter 256B, or meets the
criteria for severe emotional disturbance under section 245.4871, subdivision
6, or for serious and persistent mental illness under section 245.462,
subdivision 20, paragraph (c).
Caregivers in this category are presumed to be prevented from obtaining
or retaining employment.
(b) An assistance unit receiving
assistance under a hardship extension under this subdivision may continue to
receive assistance as long as the participant meets the criteria in paragraph
(a), clause (1), (2), or (3).
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Sec. 15. Minnesota Statutes 2008, section 256J.425,
subdivision 3, is amended to read:
Subd. 3. Hard-to-employ
participants. (a) An
assistance unit subject to the time limit in section 256J.42, subdivision 1, is
eligible to receive months of assistance under a hardship extension if the
participant who reached the time limit belongs to any of the following groups:
(1) a person who is diagnosed by a
licensed physician, psychological practitioner, or other qualified
professional, as developmentally disabled or mentally ill, and that
condition prevents the person from obtaining or retaining unsubsidized
employment the condition severely limits the person's ability to obtain
or maintain suitable employment;
(2) a person who:
(i) has been assessed by a vocational
specialist or the county agency to be unemployable for purposes of this
subdivision; or
(ii) has an IQ below 80 who has been
assessed by a vocational specialist or a county agency to be employable, but not
at a level that makes the participant eligible for an extension under
subdivision 4 the condition severely limits the person's ability to
obtain or maintain suitable employment.
The determination of IQ level must be made by a qualified
professional. In the case of a
non-English-speaking person: (A) the determination must be made by a qualified
professional with experience conducting culturally appropriate assessments,
whenever possible; (B) the county may accept reports that identify an IQ range
as opposed to a specific score; (C) these reports must include a statement of
confidence in the results;
(3) a person who is determined by a
qualified professional to be learning disabled, and the disability
condition severely limits the person's ability to obtain, perform,
or maintain suitable employment. For
purposes of the initial approval of a learning disability extension, the
determination must have been made or confirmed within the previous 12 months. In the case of a non-English-speaking person:
(i) the determination must be made by a qualified professional with experience
conducting culturally appropriate assessments, whenever possible; and (ii)
these reports must include a statement of confidence in the results. If a rehabilitation plan for a participant
extended as learning disabled is developed or approved by the county agency,
the plan must be incorporated into the employment plan. However, a rehabilitation plan does not
replace the requirement to develop and comply with an employment plan under
section 256J.521; or
(4) a person who has been granted a
family violence waiver, and who is complying with an employment plan under
section 256J.521, subdivision 3.
(b) For purposes of this section,
"severely limits the person's ability to obtain or maintain suitable
employment" means that a qualified professional has determined that the
person's condition prevents the person from working 20 or more hours per week.
Sec. 16. Minnesota Statutes 2008, section 256J.49,
subdivision 1, is amended to read:
Subdivision 1. Scope. The terms used in sections 256J.50
256J.425 to 256J.72 have the meanings given them in this section.
Sec. 17. Minnesota Statutes 2008, section 256J.49,
subdivision 4, is amended to read:
Subd. 4. Employment
and training service provider.
"Employment and training service provider" means:
(1) a public, private, or nonprofit
agency with which a county has contracted to provide employment and training
services and which is included in the county's service agreement submitted
under section 256J.626, subdivision 4; or
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(2) a county agency, if the county
has opted to provide employment and training services and the county has
indicated that fact in the service agreement submitted under section 256J.626,
subdivision 4; or
(3) a local public health department
under section 145A.17, subdivision 3a, that a county has designated to provide
employment and training services and is included in the county's service
agreement submitted under section 256J.626, subdivision 4.
Notwithstanding section 116L.871, an
employment and training services provider meeting this definition may deliver
employment and training services under this chapter.
Sec. 18. Minnesota Statutes 2008, section 256J.521,
subdivision 2, is amended to read:
Subd. 2. Employment
plan; contents. (a) Based on the
assessment under subdivision 1, the job counselor and the participant must
develop an employment plan that includes participation in activities and hours
that meet the requirements of section 256J.55, subdivision 1. The purpose of the employment plan is to
identify for each participant the most direct path to unsubsidized employment
and any subsequent steps that support long-term economic stability. The employment plan should be developed using
the highest level of activity appropriate for the participant. Activities must be chosen from clauses (1) to
(6), which are listed in order of preference.
Notwithstanding this order of preference for activities, priority must
be given for activities related to a family violence waiver when developing the
employment plan. The employment plan
must also list the specific steps the participant will take to obtain
employment, including steps necessary for the participant to progress from one
level of activity to another, and a timetable for completion of each step. Levels of activity include:
(1) unsubsidized employment;
(2) job search;
(3) subsidized employment or unpaid
work experience;
(4) unsubsidized employment and job
readiness education or job skills training;
(5) unsubsidized employment or unpaid
work experience and activities related to a family violence waiver or
preemployment needs; and
(6) activities related to a family
violence waiver or preemployment needs.
(b) Participants who are determined to
possess sufficient skills such that the participant is likely to succeed in
obtaining unsubsidized employment must job search at least 30 hours per week
for up to six weeks and accept any offer of suitable employment. The remaining hours necessary to meet the
requirements of section 256J.55, subdivision 1, may be met through
participation in other work activities under section 256J.49, subdivision
13. The participant's employment plan
must specify, at a minimum: (1) whether the job search is supervised or
unsupervised; (2) support services that will be provided; and (3) how
frequently the participant must report to the job counselor. Participants who are unable to find suitable
employment after six weeks must meet with the job counselor to determine whether
other activities in paragraph (a) should be incorporated into the employment
plan. Job search activities which are
continued after six weeks must be structured and supervised.
(c) Beginning July 1, 2004,
activities and hourly requirements in the employment plan may be adjusted as
necessary to accommodate the personal and family circumstances of participants
identified under section 256J.561, subdivision 2, paragraph (d). Participants who no longer meet the provisions
of section 256J.561, subdivision 2, paragraph (d), must meet with the job
counselor within ten days of the determination to revise the employment plan.
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(d) Participants who are determined to have barriers to
obtaining or retaining employment that will not be overcome during six weeks of
job search under paragraph (b) must work with the job counselor to develop an
employment plan that addresses those barriers by incorporating appropriate
activities from paragraph (a), clauses (1) to (6). The employment plan must include enough hours
to meet the participation requirements in section 256J.55, subdivision 1,
unless a compelling reason to require fewer hours is noted in the participant's
file.
(e) (d) The job counselor and the participant must
sign the employment plan to indicate agreement on the contents.
(f) (e) Except as provided under paragraph (g)
(f), failure to develop or comply with activities in the plan, or
voluntarily quitting suitable employment without good cause, will result in the
imposition of a sanction under section 256J.46.
(g) (f) When a participant fails to meet the
agreed upon hours of participation in paid employment because the participant
is not eligible for holiday pay and the participant's place of employment is
closed for a holiday, the job counselor shall not impose a sanction or increase
the hours of participation in any other activity, including paid employment, to
offset the hours that were missed due to the holiday.
(h) (g) Employment plans must be reviewed at least
every three months to determine whether activities and hourly requirements
should be revised. The job counselor is
encouraged to allow participants who are participating in at least 20 hours of
work activities to also participate in education and training activities in
order to meet the federal hourly participation rates.
Sec.
19. Minnesota Statutes 2008, section
256J.545, is amended to read:
256J.545 FAMILY VIOLENCE WAIVER
CRITERIA.
(a)
In order to qualify for a family violence waiver, an individual must provide
documentation of past or current family violence which may prevent the
individual from participating in certain employment activities.
(b)
The following items may be considered acceptable documentation or verification
of family violence:
(1)
police, government agency, or court records;
(2)
a statement from a battered women's shelter staff with knowledge of the
circumstances or credible evidence that supports the sworn statement;
(3)
a statement from a sexual assault or domestic violence advocate with knowledge
of the circumstances or credible evidence that supports the sworn statement;
or
(4)
a statement from professionals from whom the applicant or recipient has sought
assistance for the abuse.
(c)
A claim of family violence may also be documented by a sworn statement from the
applicant or participant and a sworn statement from any other person with
knowledge of the circumstances or credible evidence that supports the client's
statement.
Sec.
20. Minnesota Statutes 2008, section
256J.561, subdivision 2, is amended to read:
Subd.
2. Participation
requirements. (a) All MFIP
caregivers, except caregivers who meet the criteria in subdivision 3, must participate
in employment services develop an individualized employment plan that
identifies the activities the participant is required to participate in and the
required hours of participation. Except
as specified
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in
paragraphs (b) to (d), the employment plan must meet the requirements of
section 256J.521, subdivision 2, contain allowable work activities, as defined
in section 256J.49, subdivision 13, and, include at a minimum, the number of
participation hours required under section 256J.55, subdivision 1.
(b) Minor caregivers and caregivers
who are less than age 20 who have not completed high school or obtained a GED
are required to comply with section 256J.54.
(c) A participant who has a family
violence waiver shall develop and comply with an employment plan under section
256J.521, subdivision 3.
(d) As specified in section 256J.521,
subdivision 2, paragraph (c), a participant who meets any one of the following
criteria may work with the job counselor to develop an employment plan that
contains less than the number of participation hours under section 256J.55,
subdivision 1. Employment plans for
participants covered under this paragraph must be tailored to recognize the
special circumstances of caregivers and families including limitations due to
illness or disability and caregiving needs:
(1) a participant who is age 60 or
older;
(2) a participant who has been
diagnosed by a qualified professional as suffering from an illness or
incapacity that is expected to last for 30 days or more, including a pregnant
participant who is determined to be unable to obtain or retain employment due
to the pregnancy; or
(3) a participant who is determined
by a qualified professional as being needed in the home to care for an ill or
incapacitated family member, including caregivers with a child or an adult in
the household who meets the disability or medical criteria for home care
services under section 256B.0651, subdivision 1, paragraph (c), or a home and
community-based waiver services program under chapter 256B, or meets the
criteria for severe emotional disturbance under section 245.4871, subdivision
6, or for serious and persistent mental illness under section 245.462, subdivision
20, paragraph (c).
(e) For participants covered under
paragraphs (c) and (d), the county shall review the participant's employment
services status every three months to determine whether conditions have
changed. When it is determined that the
participant's status is no longer covered under paragraph (c) or (d), the
county shall notify the participant that a new or revised employment plan is
needed. The participant and job
counselor shall meet within ten days of the determination to revise the employment
plan.
(b) Participants who meet the
eligibility requirements in section 256J.575, subdivision 3, must develop a
family stabilization services plan that meets the requirements in section
256J.575, subdivision 5.
(c) Minor caregivers and caregivers
who are less than age 20 who have not completed high school or obtained a GED
must develop an education plan that meets the requirements in section 256J.54.
(d) Participants with a family
violence waiver must develop an employment plan that meets the requirements in
section 256J.521, which cover the provisions in section 256J.575, subdivision
5.
(e) All other participants must
develop an employment plan that meets the requirements of section 256J.521,
subdivision 2, and contains allowable work activities, as defined in section
256J.49, subdivision 13. The employment
plan must include, at a minimum, the number of participation hours required
under section 256J.55, subdivision 1.
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Sec.
21. Minnesota Statutes 2008, section
256J.561, subdivision 3, is amended to read:
Subd.
3. Child
under 12 weeks months of age.
(a) A participant who has a natural born child who is less than 12 weeks
months of age who meets the criteria in this subdivision is not required to
participate in employment services until the child reaches 12 weeks
months of age. To be eligible for
this provision, the assistance unit must not have already used this provision
or the previously allowed child under age one exemption. However, an assistance unit that has an
approved child under age one exemption at the time this provision becomes
effective may continue to use that exemption until the child reaches one year
of age.
(b)
The provision in paragraph (a) ends the first full month after the child
reaches 12 weeks months of age.
This provision is available only once in a caregiver's lifetime. In a two-parent household, only one parent
shall be allowed to use this provision.
The participant and job counselor must meet within ten days after the
child reaches 12 weeks months of age to revise the participant's
employment plan.
EFFECTIVE DATE. This section
is effective March 1, 2010.
Sec.
22. Minnesota Statutes 2008, section
256J.57, subdivision 1, is amended to read:
Subdivision
1. Good
cause for failure to comply. The
county agency shall not impose the sanction under section 256J.46 if it determines
that the participant has good cause for failing to comply with the requirements
of sections 256J.515 to 256J.57. Good
cause exists when:
(1)
appropriate child care is not available;
(2)
the job does not meet the definition of suitable employment;
(3)
the participant is ill or injured;
(4)
a member of the assistance unit, a relative in the household, or a foster child
in the household is ill and needs care by the participant that prevents the
participant from complying with the employment plan;
(5)
the participant is unable to secure necessary transportation;
(6)
the participant is in an emergency situation that prevents compliance with the
employment plan;
(7)
the schedule of compliance with the employment plan conflicts with judicial
proceedings;
(8)
a mandatory MFIP meeting is scheduled during a time that conflicts with a
judicial proceeding or a meeting related to a juvenile court matter, or a
participant's work schedule;
(9)
the participant is already participating in acceptable work activities;
(10)
the employment plan requires an educational program for a caregiver under age
20, but the educational program is not available;
(11)
activities identified in the employment plan are not available;
(12)
the participant is willing to accept suitable employment, but suitable
employment is not available; or
(13)
the participant documents other verifiable impediments to compliance with the
employment plan beyond the participant's control; or
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(14) the documentation needed to
determine if a participant is eligible for family stabilization services is not
available, but there is information that the participant may qualify and the
participant is cooperating with the county or employment service provider's
efforts to obtain the documentation necessary to determine eligibility.
The job counselor shall work with the
participant to reschedule mandatory meetings for individuals who fall under
clauses (1), (3), (4), (5), (6), (7), and (8).
Sec. 23. Minnesota Statutes 2008, section 256J.575,
subdivision 3, is amended to read:
Subd. 3. Eligibility. (a) The following MFIP or diversionary
work program (DWP) participants are eligible for the services under this
section:
(1) a participant who meets the
requirements for or has been granted a hardship extension under section
256J.425, subdivision 2 or 3, except that it is not necessary for the
participant to have reached or be approaching 60 months of eligibility for this
section to apply;
(2) a participant who is applying for
Supplemental Security Income or Social Security disability insurance; and
(3) a participant who is a noncitizen
who has been in the United States for 12 or fewer months; and
(4) a participant who is age 60 or
older.
(b) Families must meet all other
eligibility requirements for MFIP established in this chapter. Families are eligible for financial
assistance to the same extent as if they were participating in MFIP.
(c) A participant under paragraph (a),
clause (3), must be provided with English as a second language opportunities
and skills training for up to 12 months.
After 12 months, the case manager and participant must determine whether
the participant should continue with English as a second language classes or
skills training, or both, and continue to receive family stabilization
services.
(d) If a county agency or employment
services provider has information that an MFIP participant may meet the
eligibility criteria set forth in this subdivision, the county agency or
employment services provider must assist the participant in obtaining the
documentation necessary to determine eligibility. Until necessary documentation is obtained,
the participant must be treated as an eligible participant under subdivisions 5
to 7.
EFFECTIVE DATE. This section is
effective July 1, 2009, except the amendment to paragraph (a) striking "or
diversionary work program (DWP)" is effective March 1, 2010.
Sec. 24. Minnesota Statutes 2008, section 256J.575,
subdivision 4, is amended to read:
Subd. 4. Universal
participation. All caregivers must
participate in family stabilization services as defined in subdivision 2,
except for caregivers exempt under section 256J.561, subdivision 3.
EFFECTIVE DATE. This section is
effective March 1, 2010.
Sec. 25. Minnesota Statutes 2008, section 256J.575,
subdivision 6, is amended to read:
Subd. 6. Cooperation
with services requirements. (a) To
be eligible, A participant who is eligible for family stabilization
services under this section shall comply with paragraphs (b) to (d).
(b) Participants shall engage in
family stabilization plan services for the appropriate number of hours per week
that the activities are scheduled and available, unless good cause exists for
not doing so, as defined in section 256J.57, subdivision 1. The appropriate number of hours must be based
on the participant's plan.
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(c) The case manager shall review the
participant's progress toward the goals in the family stabilization plan every
six months to determine whether conditions have changed, including whether
revisions to the plan are needed.
(d) A participant's requirement to
comply with any or all family stabilization plan requirements under this
subdivision is excused when the case management services, training and
educational services, or family support services identified in the participant's
family stabilization plan are unavailable for reasons beyond the control of the
participant, including when money appropriated is not sufficient to provide the
services.
Sec. 26. Minnesota Statutes 2008, section 256J.575,
subdivision 7, is amended to read:
Subd. 7. Sanctions. (a) The county agency or employment
services provider must follow the requirements of this subdivision at the time
the county agency or employment services provider has information that an MFIP
recipient may meet the eligibility criteria in subdivision 3.
(b) The financial assistance grant of a
participating family is reduced according to section 256J.46, if a
participating adult fails without good cause to comply or continue to comply
with the family stabilization plan requirements in this subdivision, unless
compliance has been excused under subdivision 6, paragraph (d).
(b) (c) Given the purpose of the family
stabilization services in this section and the nature of the underlying family
circumstances that act as barriers to both employment and full compliance with
program requirements, there must be a review by the county agency prior to
imposing a sanction to determine whether the plan was appropriated to the needs
of the participant and family, and.
There must be a current assessment by a behavioral health or medical
professional confirming that the participant in all ways had the ability to
comply with the plan, as confirmed by a behavioral health or medical
professional.
(c) (d) Prior to the imposition of a sanction,
the county agency or employment services provider shall review the
participant's case to determine if the family stabilization plan is still
appropriate and meet with the participant face-to-face. The participant may bring an advocate
The county agency or employment services provider must inform the participant
of the right to bring an advocate to the face-to-face meeting.
During the face-to-face meeting, the
county agency shall:
(1) determine whether the continued
noncompliance can be explained and mitigated by providing a needed family
stabilization service, as defined in subdivision 2, paragraph (d);
(2) determine whether the participant
qualifies for a good cause exception under section 256J.57, or if the sanction
is for noncooperation with child support requirements, determine if the
participant qualifies for a good cause exemption under section 256.741,
subdivision 10;
(3) determine whether activities in
the family stabilization plan are appropriate based on the family's
circumstances;
(4) explain the consequences of
continuing noncompliance;
(5) identify other resources that may
be available to the participant to meet the needs of the family; and
(6) inform the participant of the
right to appeal under section 256J.40.
If the lack of an identified activity
or service can explain the noncompliance, the county shall work with the
participant to provide the identified activity.
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(d)
If the participant fails to come to the face-to-face meeting, the case manager
or a designee shall attempt at least one home visit. If a face-to-face meeting is not conducted,
the county agency shall send the participant a written notice that includes the
information under paragraph (c).
(e)
After the requirements of paragraphs (c) and (d) are met and prior to
imposition of a sanction, the county agency shall provide a notice of intent to
sanction under section 256J.57, subdivision 2, and, when applicable, a notice
of adverse action under section 256J.31.
(f)
Section 256J.57 applies to this section except to the extent that it is
modified by this subdivision.
Sec.
27. Minnesota Statutes 2008, section
256J.621, is amended to read:
256J.621 WORK PARTICIPATION CASH
BENEFITS.
(a)
Effective October 1, 2009, upon exiting the diversionary work program (DWP) or
upon terminating the Minnesota family investment program with earnings, a
participant who is employed may be eligible for work participation cash
benefits of $75 $50 per month to assist in meeting the family's
basic needs as the participant continues to move toward self-sufficiency.
(b)
To be eligible for work participation cash benefits, the participant shall not
receive MFIP or diversionary work program assistance during the month and the
participant or participants must meet the following work requirements:
(1)
if the participant is a single caregiver and has a child under six years of
age, the participant must be employed at least 87 hours per month;
(2)
if the participant is a single caregiver and does not have a child under six
years of age, the participant must be employed at least 130 hours per month; or
(3)
if the household is a two-parent family, at least one of the parents must be
employed an average of at least 130 hours per month.
Whenever
a participant exits the diversionary work program or is terminated from MFIP
and meets the other criteria in this section, work participation cash benefits
are available for up to 24 consecutive months.
(c)
Expenditures on the program are maintenance of effort state funds under a
separate state program for participants under paragraph (b), clauses (1)
and (2). Expenditures for participants
under paragraph (b), clause (3), are nonmaintenance of effort funds. Months in which a participant receives work
participation cash benefits under this section do not count toward the participant's
MFIP 60-month time limit.
Sec.
28. Minnesota Statutes 2008, section
256J.626, subdivision 7, is amended to read:
Subd.
7. Performance
base funds. (a) For the purpose
of this section, the following terms have the meanings given.
(1)
"Caseload Reduction Credit" (CRC) means the measure of how much
Minnesota TANF and separate state program caseload has fallen relative to
federal fiscal year 2005 based on caseload data from October 1 to
September 30.
(2)
"TANF participation rate target" means a 50 percent participation
rate reduced by the CRC for the previous year.
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(b)
For calendar year 2009 2010
and yearly thereafter, each county and tribe will be allocated 95 percent of
their initial calendar year allocation.
Counties and tribes will be allocated additional funds based on
performance as follows:
(1)
a county or tribe that achieves a 50 percent the TANF
participation rate target or a five percentage point improvement over
the previous year's TANF participation rate under section 256J.751, subdivision
2, clause (7), as averaged across 12 consecutive months for the most recent
year for which the measurements are available, will receive an additional
allocation equal to 2.5 percent of its initial allocation; and
(2)
a county or tribe that performs within or above its range of expected
performance on the annualized three-year self-support index under section
256J.751, subdivision 2, clause (6), will receive an additional allocation
equal to 2.5 percent of its initial allocation; and
(3)
a county or tribe that does not achieve a 50 percent the TANF
participation rate target or a five percentage point improvement over
the previous year's TANF participation rate under section 256J.751, subdivision
2, clause (7), as averaged across 12 consecutive months for the most recent
year for which the measurements are available, will not receive an additional
2.5 percent of its initial allocation until after negotiating a multiyear
improvement plan with the commissioner; or
(4)
a county or tribe that does not perform within or above its range of expected
performance on the annualized three-year self-support index under section
256J.751, subdivision 2, clause (6), will not receive an additional allocation
equal to 2.5 percent of its initial allocation until after negotiating a
multiyear improvement plan with the commissioner.
(b) (c) For calendar
year 2009 and yearly thereafter, performance-based funds for a federally
approved tribal TANF program in which the state and tribe have in place a
contract under section 256.01, addressing consolidated funding, will be
allocated as follows:
(1)
a tribe that achieves the participation rate approved in its federal TANF plan
using the average of 12 consecutive months for the most recent year for which
the measurements are available, will receive an additional allocation equal to
2.5 percent of its initial allocation; and
(2)
a tribe that performs within or above its range of expected performance on the
annualized three-year self-support index under section 256J.751, subdivision 2,
clause (6), will receive an additional allocation equal to 2.5 percent of its
initial allocation; or
(3)
a tribe that does not achieve the participation rate approved in its federal
TANF plan using the average of 12 consecutive months for the most recent year
for which the measurements are available, will not receive an additional
allocation equal to 2.5 percent of its initial allocation until after
negotiating a multiyear improvement plan with the commissioner; or
(4)
a tribe that does not perform within or above its range of expected performance
on the annualized three-year self-support index under section 256J.751,
subdivision 2, clause (6), will not receive an additional allocation equal to
2.5 percent until after negotiating a multiyear improvement plan with the
commissioner.
(c) (d) Funds
remaining unallocated after the performance-based allocations in paragraph (a)
(b) are available to the commissioner for innovation projects under
subdivision 5.
(d) (1) If available funds are insufficient to meet
county and tribal allocations under paragraph (a) (b), the
commissioner may make available for allocation funds that are unobligated and
available from the innovation projects through the end of the current biennium.
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(2)
If after the application of clause (1) funds remain insufficient to meet county
and tribal allocations under paragraph (a) (b), the commissioner
must proportionally reduce the allocation of each county and tribe with respect
to their maximum allocation available under paragraph (a) (b).
Sec.
29. Minnesota Statutes 2008, section
256J.95, subdivision 3, is amended to read:
Subd.
3. Eligibility
for diversionary work program. (a) Except
for the categories of family units listed below, all family units who apply for
cash benefits and who meet MFIP eligibility as required in sections 256J.11 to
256J.15 are eligible and must participate in the diversionary work program. Family units that are not eligible for the
diversionary work program include:
(1)
child only cases;
(2)
a single-parent family unit that includes a child under 12 weeks
months of age. A parent is eligible
for this exception once in a parent's lifetime and is not eligible if the
parent has already used the previously allowed child under age one exemption
from MFIP employment services;
(3)
a minor parent without a high school diploma or its equivalent;
(4)
an 18- or 19-year-old caregiver without a high school diploma or its equivalent
who chooses to have an employment plan with an education option;
(5)
a caregiver age 60 or over;
(6)
family units with a caregiver who received DWP benefits in the 12 months prior
to the month the family applied for DWP, except as provided in paragraph (c);
(7)
family units with a caregiver who received MFIP within the 12 months prior to
the month the family unit applied for DWP;
(8)
a family unit with a caregiver who received 60 or more months of TANF
assistance;
(9)
a family unit with a caregiver who is disqualified from DWP or MFIP due to
fraud; and
(10)
refugees and asylees as defined in Code of Federal Regulations, title 45, part
400, subpart d, section 400.43, who arrived in the United States in the 12
months prior to the date of application for family cash assistance.
(b)
A two-parent family must participate in DWP unless both caregivers meet the
criteria for an exception under paragraph (a), clauses (1) through (5), or the
family unit includes a parent who meets the criteria in paragraph (a), clause
(6), (7), (8), (9), or (10).
(c)
Once DWP eligibility is determined, the four months run consecutively. If a participant leaves the program for any
reason and reapplies during the four-month period, the county must redetermine
eligibility for DWP.
EFFECTIVE DATE. This
section is effective March 1, 2010.
Sec.
30. Minnesota Statutes 2008, section
256J.95, subdivision 11, is amended to read:
Subd.
11. Universal
participation required. (a) All DWP
caregivers, except caregivers who meet the criteria in paragraph (d), are
required to participate in DWP employment services. Except as specified in paragraphs (b) and
(c), employment plans under DWP must, at a minimum, meet the requirements in
section 256J.55, subdivision 1.
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(b) A caregiver who is a member of a
two-parent family that is required to participate in DWP who would otherwise be
ineligible for DWP under subdivision 3 may be allowed to develop an employment
plan under section 256J.521, subdivision 2, paragraph (c), that may
contain alternate activities and reduced hours.
(c) A participant who is a victim of
family violence shall be allowed to develop an employment plan under section
256J.521, subdivision 3. A claim of
family violence must be documented by the applicant or participant by providing
a sworn statement which is supported by collateral documentation in section
256J.545, paragraph (b).
(d) One parent in a two-parent family
unit that has a natural born child under 12 weeks months of age
is not required to have an employment plan until the child reaches 12 weeks
months of age unless the family unit has already used the exclusion under
section 256J.561, subdivision 3, or the previously allowed child under age one
exemption under section 256J.56, paragraph (a), clause (5).
(e) The provision in paragraph (d)
ends the first full month after the child reaches 12 weeks months
of age. This provision is allowable only
once in a caregiver's lifetime. In a
two-parent household, only one parent shall be allowed to use this category.
(f) The participant and job counselor
must meet within ten working days after the child reaches 12 weeks
months of age to revise the participant's employment plan. The employment plan for a family unit that
has a child under 12 weeks months of age that has already used
the exclusion in section 256J.561 or the previously allowed child under age one
exemption under section 256J.56, paragraph (a), clause (5), must be tailored to
recognize the caregiving needs of the parent.
EFFECTIVE DATE. This section is
effective March 1, 2010.
Sec. 31. Minnesota Statutes 2008, section 256J.95,
subdivision 12, is amended to read:
Subd. 12. Conversion
or referral to MFIP. (a) If at any
time during the DWP application process or during the four-month DWP
eligibility period, it is determined that a participant is unlikely to benefit from
the diversionary work program, the county shall convert or refer the
participant to MFIP as specified in paragraph (d). Participants who are determined to be
unlikely to benefit from the diversionary work program must develop and sign an
employment plan. Participants who
meet any one of the criteria in paragraph (b) shall be considered to be
unlikely to benefit from DWP, provided the necessary documentation is available
to support the determination.
(b) A participant who: meets
the eligibility requirements under section 256J.575, subdivision 3, must be
considered to be unlikely to benefit from DWP, provided the necessary
documentation is available to support the determination.
(1) has been determined by a
qualified professional as being unable to obtain or retain employment due to an
illness, injury, or incapacity that is expected to last at least 60 days;
(2) is required in the home as a
caregiver because of the illness, injury, or incapacity, of a family member, or
a relative in the household, or a foster child, and the illness, injury, or
incapacity and the need for a person to provide assistance in the home has been
certified by a qualified professional and is expected to continue more than 60
days;
(3) is determined by a qualified
professional as being needed in the home to care for a child or adult meeting
the special medical criteria in section 256J.561, subdivision 2, paragraph (d),
clause (3);
(4) is pregnant and is determined by
a qualified professional as being unable to obtain or retain employment due to
the pregnancy; or
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(5) has applied for SSI or SSDI.
(c) In a two-parent family unit, both
parents must be if one parent is determined to be unlikely to
benefit from the diversionary work program before, the family
unit can must be converted or referred to MFIP.
(d) A participant who is determined to
be unlikely to benefit from the diversionary work program shall be converted to
MFIP and, if the determination was made within 30 days of the initial
application for benefits, no additional application form is required. A participant who is determined to be
unlikely to benefit from the diversionary work program shall be referred to
MFIP and, if the determination is made more than 30 days after the initial
application, the participant must submit a program change request form. The county agency shall process the program
change request form by the first of the following month to ensure that no gap
in benefits is due to delayed action by the county agency. In processing the program change request
form, the county must follow section 256J.32, subdivision 1, except that the
county agency shall not require additional verification of the information in
the case file from the DWP application unless the information in the case file
is inaccurate, questionable, or no longer current.
(e) The county shall not request a
combined application form for a participant who has exhausted the four months
of the diversionary work program, has continued need for cash and food assistance,
and has completed, signed, and submitted a program change request form within
30 days of the fourth month of the diversionary work program. The county must process the program change
request according to section 256J.32, subdivision 1, except that the county
agency shall not require additional verification of information in the case
file unless the information is inaccurate, questionable, or no longer
current. When a participant does not
request MFIP within 30 days of the diversionary work program benefits being
exhausted, a new combined application form must be completed for any subsequent
request for MFIP.
EFFECTIVE DATE. This section is
effective March 1, 2010.
Sec. 32. Minnesota Statutes 2008, section 256J.95,
subdivision 13, is amended to read:
Subd. 13. Immediate
referral to employment services.
Within one working day of determination that the applicant is eligible
for the diversionary work program, but before benefits are issued to or on
behalf of the family unit, the county shall refer all caregivers to employment
services. The referral to the DWP
employment services must be in writing and must contain the following
information:
(1) notification that, as part of the
application process, applicants are required to develop an employment plan or
the DWP application will be denied;
(2) the employment services provider
name and phone number;
(3) the date, time, and location of
the scheduled employment services interview;
(4) the immediate availability of supportive services,
including, but not limited to, child care, transportation, and other
work-related aid; and
(5) (4) the rights, responsibilities, and obligations of
participants in the program, including, but not limited to, the grounds for
good cause, the consequences of refusing or failing to participate fully with
program requirements, and the appeal process.
Sec. 33. Minnesota Statutes 2008, section 259.67, is
amended by adding a subdivision to read:
Subd. 3b.
Extension; adoption finalized
after age 16. A child who has
attained the age of 16 prior to finalization of their adoption is eligible for
extension of the adoption assistance agreement to the date the child attains
age 21 if the child is:
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(1) completing a secondary education
program or a program leading to an equivalent credential;
(2) enrolled in an institution which
provides postsecondary or vocational education;
(3) participating in a program or
activity designed to promote or remove barriers to employment;
(4) employed for at least 80 hours
per month; or
(5) incapable of doing any of the
activities described in clauses (1) to (4) due to a medical condition which
incapability is supported by regularly updated information in the case plan of
the child.
EFFECTIVE DATE. This section is
effective October 1, 2010.
Sec. 34. Minnesota Statutes 2008, section 270A.09, is
amended by adding a subdivision to read:
Subd. 1b.
Department of Human Services
claims. Notwithstanding
subdivision 1, any debtor contesting a setoff claim by the Department of Human
Services or a county agency whose claim relates to a debt resulting from
receipt of public assistance, medical care, or the federal Food Stamp Act shall
have a hearing conducted in the same manner as an appeal under sections 256.045
and 256.0451.
Sec. 35. AMERICAN
INDIAN CHILD WELFARE PROJECTS.
Notwithstanding Minnesota Statutes, section
16A.28, the commissioner of human services shall extend payment of state fiscal
year 2009 funds in state fiscal year 2010 to tribes participating in the
American Indian child welfare projects under Minnesota Statutes, section
256.01, subdivision 14b. Future
extensions of payment for a tribe participating in the Indian child welfare
projects under Minnesota Statutes, section 256.01, subdivision 14b, must be
granted according to the commissioner's authority under Minnesota Statutes,
section 16A.28.
Sec. 36. REPEALER.
Minnesota Statutes 2008, section
256I.06, subdivision 9, is repealed.
ARTICLE 3
STATE-OPERATED SERVICES/MINNESOTA SEX
OFFENDER PROGRAM
Section 1. Minnesota Statutes 2008, section 246.50,
subdivision 5, is amended to read:
Subd. 5. Cost
of care. "Cost of care"
means the commissioner's charge for services provided to any person admitted to
a state facility.
For purposes of this subdivision,
"charge for services" means the cost of services, treatment,
maintenance, bonds issued for capital improvements, depreciation of buildings
and equipment, and indirect costs related to the operation of state
facilities. The commissioner may
determine the charge for services on an anticipated average per diem basis as
an all inclusive charge per facility, per disability group, or per treatment
program. The commissioner may determine
a charge per service, using a method that includes direct and indirect costs
usual and customary fee charged for services provided to clients. The usual and customary fee shall be
established in a manner required to appropriately bill services to all payers
and shall include the costs related to the operations of any program offered by
the state.
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Sec.
2. Minnesota Statutes 2008, section
246.50, is amended by adding a subdivision to read:
Subd.
10.
State-operated community-based
program. "State-operated
community-based program" means any program operated in the community
including community behavioral health hospitals, crisis centers, residential
facilities, outpatient services, and other community-based services developed
and operated by the state and under the commissioner's control.
Sec.
3. Minnesota Statutes 2008, section
246.50, is amended by adding a subdivision to read:
Subd.
11.
Health plan company. "Health plan company" has the
meaning given it in section 62Q.01, subdivision 4, and also includes a demonstration
provider as defined in section 256B.69, subdivision 2, paragraph (b), a county
or group of counties participating in county-based purchasing according to
section 256B.692, and a children's mental health collaborative under contract
to provide medical assistance for individuals enrolled in the prepaid medical
assistance and MinnesotaCare programs under sections 245.493 to 245.495.
Sec.
4. Minnesota Statutes 2008, section
246.51, is amended by adding a subdivision to read:
Subd.
1a.
Clients in state-operated
community-based programs; determination. The commissioner shall determine available
health plan coverage from a health plan company for services provided to
clients admitted to a state-operated community-based program. If the health plan coverage requires a co-pay
or deductible, or if there is no available health plan coverage, the
commissioner shall determine or redetermine, what part of the noncovered cost
of care, if any, the client is able to pay.
If the client is unable to pay the uncovered cost of care, the
commissioner shall determine the client's relatives' ability to pay. The client and relatives shall provide to the
commissioner documents and proof necessary to determine the client and
relatives' ability to pay. Failure to
provide the commissioner with sufficient information to determine ability to
pay may make the client or relatives liable for the full cost of care until the
time when sufficient information is provided.
If it is determined that the responsible party does not have the ability
to pay, the commissioner shall waive payment of the portion that exceeds
ability to pay under the determination.
Sec.
5. Minnesota Statutes 2008, section
246.51, is amended by adding a subdivision to read:
Subd.
1b.
Clients served by regional
treatment centers or nursing homes; determination. The commissioner shall determine or
redetermine, if necessary, what part of the cost of care, if any, a client
served in regional treatment centers or nursing homes operated by state-operated
services, is able to pay. If the client
is unable to pay the full cost of care, the commissioner shall determine if the
client's relatives have the ability to pay.
The client and relatives shall provide to the commissioner documents and
proof necessary to determine the client and relatives' ability to pay. Failure to provide the commissioner with
sufficient information to determine ability to pay may make the client or
relatives liable for the full cost of care until the time when sufficient
information is provided. No parent shall
be liable for the cost of care given a client at a regional treatment center
after the client has reached the age of 18 years.
Sec.
6. Minnesota Statutes 2008, section
246.511, is amended to read:
246.511 RELATIVE RESPONSIBILITY.
Except
for chemical dependency services paid for with funds provided under chapter
254B, a client's relatives shall not, pursuant to the commissioner's authority
under section 246.51, be ordered to pay more than ten percent of the cost of
the following: (1) for services provided in a community-based service, the
noncovered cost of care as determined under the ability to pay determination;
and (2) for services provided at a regional treatment center operated by
state-operated services, 20 percent of the cost of care, unless they reside
outside the state. Parents of children
in state facilities shall have their responsibility to pay determined according
to section 252.27, subdivision
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2,
or in rules adopted under chapter 254B if the cost of care is paid under
chapter 254B. The commissioner may
accept voluntary payments in excess of ten 20 percent. The commissioner may require full payment of
the full per capita cost of care in state facilities for clients whose parent,
parents, spouse, guardian, or conservator do not reside in Minnesota.
Sec.
7. Minnesota Statutes 2008, section
246.52, is amended to read:
246.52 PAYMENT FOR CARE; ORDER; ACTION.
The
commissioner shall issue an order to the client or the guardian of the estate,
if there be one, and relatives determined able to pay requiring them to pay monthly
to the state of Minnesota the amounts so determined the total of which shall
not exceed the full cost of care. Such
order shall specifically state the commissioner's determination and shall be
conclusive unless appealed from as herein provided. When a client or relative fails to pay the
amount due hereunder the attorney general, upon request of the commissioner,
may institute, or direct the appropriate county attorney to institute, civil
action to recover such amount.
Sec.
8. Minnesota Statutes 2008, section
246.54, subdivision 2, is amended to read:
Subd.
2. Exceptions. (a) Subdivision 1 does not apply to services
provided at the Minnesota Security Hospital, the Minnesota sex offender
program, or the Minnesota extended treatment options program. For services at these facilities, a county's
payment shall be made from the county's own sources of revenue and payments
shall be paid as follows: payments to
the state from the county shall equal ten percent of the cost of care, as
determined by the commissioner, for each day, or the portion thereof, that the
client spends at the facility. If
payments received by the state under sections 246.50 to 246.53 exceed 90
percent of the cost of care, the county shall be responsible for paying the
state only the remaining amount. The
county shall not be entitled to reimbursement from the client, the client's
estate, or from the client's relatives, except as provided in section 246.53.
(b)
Regardless of the facility to which the client is committed, subdivision 1 does
not apply to the following individuals:
(1)
clients who are committed as mentally ill and dangerous under section 253B.02,
subdivision 17;
(2)
clients who are committed as sexual psychopathic personalities under section
253B.02, subdivision 18b; and
(3)
clients who are committed as sexually dangerous persons under section 253B.02,
subdivision 18c.
For
each of the individuals in clauses (1) to (3), the payment by the county to the
state shall equal ten percent of the cost of care for each day as determined by
the commissioner.
Sec.
9. Minnesota Statutes 2008, section
246B.01, is amended by adding a subdivision to read:
Subd.
1a.
Client. "Client" means a person who is admitted
to the Minnesota sex offender program or subject to a court hold order under
section 253B.185 for the purpose of assessment, diagnosis, care, treatment,
supervision, or other services provided by the Minnesota sex offender program.
Sec.
10. Minnesota Statutes 2008, section
246B.01, is amended by adding a subdivision to read:
Subd.
1b.
Client's county. "Client's county" means the
county of the client's legal settlement for poor relief purposes at the time of
commitment. If the client has no legal
settlement for poor relief in this state, it means the county of commitment,
except that when a client with no legal settlement for poor relief is committed
while serving a sentence at a penal institution, it means the county from which
the client was sentenced.
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Sec. 11. Minnesota Statutes 2008, section 246B.01, is
amended by adding a subdivision to read:
Subd. 2a.
Cost of care. "Cost of care" means the
commissioner's charge for housing and treatment services provided to any person
admitted to the Minnesota sex offender program.
For purposes of this subdivision,
"charge for housing and treatment services" means the cost of
services, treatment, maintenance, bonds issued for capital improvements,
depreciation of buildings and equipment, and indirect costs related to the
operation of state facilities. The
commissioner may determine the charge for services on an anticipated average
per diem basis as an all-inclusive charge per facility.
Sec. 12. Minnesota Statutes 2008, section 246B.01, is
amended by adding a subdivision to read:
Subd. 2b.
Local social services agency. "Local social services agency"
means the local social services agency of the client's county as defined in
subdivision 1b and of the county of commitment, and any other local social
services agency possessing information regarding, or requested by the
commissioner to investigate, the financial circumstances of a client.
Sec. 13. [246B.07]
PAYMENT FOR CARE AND TREATMENT:
DETERMINATION.
Subdivision 1.
Procedures. The commissioner shall determine or
redetermine, if necessary, what amount of the cost of care, if any, the client
is able to pay. The client shall provide
to the commissioner documents and proof necessary to determine the ability to
pay. Failure to provide the commissioner
with sufficient information to determine ability to pay may make the client
liable for the full cost of care until the time when sufficient information is
provided.
Subd. 2.
Rules. The commissioner shall use the standards
in section 246.51, subdivision 2, to determine the client's liability for the
care provided by the Minnesota sex offender program.
Subd. 3.
Applicability. The commissioner may recover, under
sections 246B.07 to 246B.10, the cost of any care provided by the Minnesota sex
offender program.
Sec. 14. [246B.08]
PAYMENT FOR CARE; ORDER; ACTION.
The commissioner shall issue an order
to the client or the guardian of the estate, if there is one, requiring the
client or guardian to pay to the state the amounts determined, the total of
which must not exceed the full cost of care.
The order must specifically state the commissioner's determination and
must be conclusive, unless appealed. If
a client fails to pay the amount due, the attorney general, upon request of the
commissioner, may institute, or direct the appropriate county attorney to
institute a civil action to recover the amount.
Sec. 15. [246B.09]
CLAIM AGAINST ESTATE OF DECEASED CLIENT.
Subdivision 1.
Client's estate. Upon the death of a client, or a former
client, the total cost of care provided to the client, less the amount actually
paid toward the cost of care by the client, must be filed by the commissioner
as a claim against the estate of the client with the court having jurisdiction
to probate the estate, and all proceeds collected by the state in the case must
be divided between the state and county in proportion to the cost of care each
has borne.
Subd. 2.
Preferred status. An estate claim in subdivision 1 must be
considered an expense of the last illness for purposes of section 524.3-805.
If the commissioner determines that the
property or estate of a client is not more than needed to care for and maintain
the spouse and minor or dependent children of a deceased client, the
commissioner has the power to compromise the claim of the state in a manner
deemed just and proper.
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Subd. 3.
Exception from statute of
limitations. Any statute of
limitations that limits the commissioner in recovering the cost of care
obligation incurred by a client or former client must not apply to any claim
against an estate made under this section to recover cost of care.
Sec. 16. [246B.10]
LIABILITY OF COUNTY; REIMBURSEMENT.
The client's county shall pay to the
state a portion of the cost of care provided in the Minnesota sex offender
program to a client who has legally settled in that county. A county's payment must be made from the
county's own sources of revenue and payments must equal ten percent of the cost
of care, as determined by the commissioner, for each day or portion of a day,
that the client spends at the facility.
If payments received by the state under this chapter exceed 90 percent
of the cost of care, the county is responsible for paying the state the
remaining amount. The county is not
entitled to reimbursement from the client, the client's estate, or from the
client's relatives, except as provided in section 246B.07.
Sec. 17. Minnesota Statutes 2008, section 252.025,
subdivision 7, is amended to read:
Subd. 7. Minnesota
extended treatment options. The
commissioner shall develop by July 1, 1997, the Minnesota extended treatment
options to serve Minnesotans who have developmental disabilities and exhibit
severe behaviors which present a risk to public safety. This program is statewide and must
provide specialized residential services in Cambridge and an array of community
support community-based services statewide with sufficient
levels of care and a sufficient number of specialists to ensure that
individuals referred to the program receive the appropriate care. The individuals working in the
community-based services under this section are state employees supervised by
the commissioner of human services. No
layoffs shall occur as a result of restructuring under this section.
Sec. 18. REQUIRING
THE DEVELOPMENT OF COMMUNITY-BASED MENTAL HEALTH SERVICES FOR PATIENTS
COMMITTED TO THE ANOKA-METRO REGIONAL TREATMENT CENTER.
In consultation with community
partners, the commissioner of human services shall develop an array of
community-based services to transform the current services now provided to
patients at the Anoka-Metro Regional Treatment Center. The community-based services may be provided
in facilities with 16 or fewer beds, and must provide the appropriate level of
care for the patients being admitted to the facilities. The planning for this transition must be
completed by October 1, 2009, with an initial report to the committee chairs of
health and human services by November 30, 2009, and a semiannual report on
progress until the transition is completed.
The commissioner of human services shall solicit interest from
stakeholders and potential community partners.
The individuals working in the community-based services facilities under
this section are state employees supervised by the commissioner of human
services. No layoffs shall occur as a
result of restructuring under this section.
Sec. 19. REPEALER.
Minnesota Statutes 2008, sections
246.51, subdivision 1; and 246.53, subdivision 3, are repealed.
ARTICLE 4
DEPARTMENT OF HEALTH
Section 1. Minnesota Statutes 2008, section 62J.495, is
amended to read:
62J.495 HEALTH INFORMATION TECHNOLOGY AND INFRASTRUCTURE.
Subdivision 1. Implementation. By January 1, 2015, all hospitals and health
care providers must have in place an interoperable electronic health records
system within their hospital system or clinical practice setting. The commissioner of health, in consultation
with the e-Health Information Technology and Infrastructure
Advisory
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Committee, shall develop a statewide
plan to meet this goal, including uniform standards to be used for the
interoperable system for sharing and synchronizing patient data across
systems. The standards must be
compatible with federal efforts. The
uniform standards must be developed by January 1, 2009, with a status report
on the development of these standards submitted to the legislature by January
15, 2008 and updated on an ongoing basis. The commissioner shall include an update on
standards development as part of an annual report to the legislature.
Subd. 1a.
Definitions. (a) "Certified electronic health
record technology" means an electronic health record that is certified
pursuant to section 3001(c)(5) of the HITECH Act to meet the standards and
implementation specifications adopted under section 3004 as applicable.
(b) "Commissioner" means the
commissioner of health.
(c) "Pharmaceutical electronic data
intermediary" means any entity that provides the infrastructure to connect
computer systems or other electronic devices utilized by prescribing
practitioners with those used by pharmacies, health plans, third party
administrators, and pharmacy benefit manager in order to facilitate the secure
transmission of electronic prescriptions, refill authorization requests,
communications, and other prescription-related information between such
entities.
(d) "HITECH Act" means the
Health Information Technology for Economic and Clinical Health Act in division
A, title XIII and division B, title IV of the American Recovery and
Reinvestment Act of 2009, including federal regulations adopted under that act.
(e) "Interoperable electronic
health record" means an electronic health record that securely exchanges
health information with another electronic health record system that meets
national requirements for certification under the HITECH Act.
(f) "Qualified electronic health
record" means an electronic record of health-related information on an
individual that includes patient demographic and clinical health information
and has the capacity to:
(1) provide clinical decision support;
(2) support physician order entry;
(3) capture and query information relevant
to health care quality; and
(4) exchange electronic health
information with, and integrate such information from, other sources.
Subd. 2. E-Health
Information Technology and Infrastructure Advisory Committee. (a) The commissioner shall establish a
an e-Health Information Technology and Infrastructure Advisory
Committee governed by section 15.059 to advise the commissioner on the
following matters:
(1) assessment of the adoption and
effective use of health information technology by the state, licensed
health care providers and facilities, and local public health agencies;
(2) recommendations for implementing a
statewide interoperable health information infrastructure, to include estimates
of necessary resources, and for determining standards for administrative
clinical data exchange, clinical support programs, patient privacy
requirements, and maintenance of the security and confidentiality of individual
patient data;
(3) recommendations for encouraging
use of innovative health care applications using information technology and
systems to improve patient care and reduce the cost of care, including
applications relating to disease management and personal health management that
enable remote monitoring of patients' conditions, especially those with chronic
conditions; and
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(4) other related issues as requested
by the commissioner.
(b) The members of the e-Health
Information Technology and Infrastructure Advisory Committee shall
include the commissioners, or commissioners' designees, of health, human
services, administration, and commerce and additional members to be appointed
by the commissioner to include persons representing Minnesota's local public
health agencies, licensed hospitals and other licensed facilities and
providers, private purchasers, the medical and nursing professions, health
insurers and health plans, the state quality improvement organization, academic
and research institutions, consumer advisory organizations with an interest and
expertise in health information technology, and other stakeholders as
identified by the Health Information Technology and Infrastructure Advisory
Committee commissioner to fulfill the requirements of section 3013,
paragraph (g) of the HITECH Act.
(c) The commissioner shall prepare and
issue an annual report not later than January 30 of each year outlining
progress to date in implementing a statewide health information infrastructure
and recommending future projects action on policy and necessary
resources to continue the promotion of adoption and effective use of health
information technology.
(d) Notwithstanding section 15.059,
this subdivision expires June 30, 2015.
Subd. 3. Interoperable
electronic health record requirements.
(a) To meet the requirements of subdivision 1, hospitals and health
care providers must meet the following criteria when implementing an
interoperable electronic health records system within their hospital system or
clinical practice setting.
(a) The electronic health record must
be a qualified electronic health record.
(b) The electronic health record must
be certified by the Certification Commission for Healthcare Information
Technology, or its successor Office of the National Coordinator pursuant
to the HITECH Act. This criterion
only applies to hospitals and health care providers whose practice setting
is a practice setting covered by the Certification Commission for Healthcare
Information Technology certifications only if a certified electronic
health record product for the provider's particular practice setting is
available. This criterion shall be
considered met if a hospital or health care provider is using an electronic
health records system that has been certified within the last three years, even
if a more current version of the system has been certified within the
three-year period.
(c) The electronic health record must
meet the standards established according to section 3004 of the HITECH Act as
applicable.
(d) The electronic health record must
have the ability to generate information on clinical quality measures and other
measures reported under sections 4101, 4102, and 4201 of the HITECH Act.
(c) (e) A health care provider who is a prescriber or
dispenser of controlled substances legend drugs must have an
electronic health record system that meets the requirements of section 62J.497.
Subd. 4.
Coordination with national HIT
activities. (a) The
commissioner, in consultation with the e-Health Advisory Committee, shall
update the statewide implementation plan required under subdivision 2 and
released June 2008, to be consistent with the updated Federal HIT Strategic
Plan released by the Office of the National Coordinator in accordance with
section 3001 of the HITECH Act. The
statewide plan shall meet the requirements for a plan required under section 3013
of the HITECH Act.
(b) The commissioner, in consultation
with the e-Health Advisory Committee, shall work to ensure coordination between
state, regional, and national efforts to support and accelerate efforts to effectively
use health information technology to improve the quality and coordination of
health care and continuity of patient care among health care providers, to
reduce medical errors, to improve population health, to reduce health
disparities, and to reduce chronic disease.
The commissioner's coordination efforts shall include but not be limited
to:
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(1) assisting in the development and
support of health information technology regional extension centers established
under section 3012(c) of the HITECH Act to provide technical assistance and
disseminate best practices; and
(2) providing supplemental information
to the best practices gathered by regional centers to ensure that the
information is relayed in a meaningful way to the Minnesota health care
community.
(c) The commissioner, in consultation
with the e-Health Advisory Committee, shall monitor national activity related
to health information technology and shall coordinate statewide input on policy
development. The commissioner shall
coordinate statewide responses to proposed federal health information technology
regulations in order to ensure that the needs of the Minnesota health care
community are adequately and efficiently addressed in the proposed
regulations. The commissioner's
responses may include, but are not limited to:
(1) reviewing and evaluating any
standard, implementation specification, or certification criteria proposed by
the national HIT standards committee;
(2) reviewing and evaluating policy
proposed by the national HIT policy committee relating to the implementation of
a nationwide health information technology infrastructure;
(3) monitoring and responding to
activity related to the development of quality measures and other measures as
required by section 4101 of the HITECH Act.
Any response related to quality measures shall consider and address the
quality efforts required under chapter 62U; and
(4) monitoring and responding to
national activity related to privacy, security, and data stewardship of
electronic health information and individually identifiable health information.
(d) To the extent that the state is
either required or allowed to apply, or designate an entity to apply for or
carry out activities and programs under section 3013 of the HITECH Act, the
commissioner of health, in consultation with the e-Health Advisory Committee and
the commissioner of human services, shall be the lead applicant or sole
designating authority. The commissioner
shall make such designations consistent with the goals and objectives of
sections 62J.495 to 62J.497, and sections 62J.50 to 62J.61.
(e) The commissioner of human services
shall apply for funding necessary to administer the incentive payments to
providers authorized under title IV of the American Recovery and Reinvestment
Act.
(f) The commissioner shall include in the
report to the legislature information on the activities of this subdivision and
provide recommendations on any relevant policy changes that should be
considered in Minnesota.
Subd. 5.
Collection of data for
assessment and eligibility determination. (a) The commissioner of health, in
consultation with the commissioner of human services, may require providers,
dispensers, group purchasers, and pharmaceutical electronic data intermediaries
to submit data in a form and manner specified by the commissioner to assess the
status of adoption, effective use, and interoperability of electronic health
records for the purpose of:
(1) demonstrating Minnesota's progress
on goals established by the Office of the National Coordinator to accelerate
the adoption and effective use of health information technology established
under the HITECH Act;
(2) assisting the Center for Medicare
and Medicaid Services and Department of Human Services in determining
eligibility of health care professionals and hospitals to receive federal
incentives for the adoption and effective use of health information technology
under the HITECH Act or other federal incentive programs;
(3) assisting the Office of the
National Coordinator in completing required assessments of the impact of the implementation
and effective use of health information technology in achieving goals
identified in the national strategic plan, and completing studies required by
the HITECH Act;
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(4) providing the data necessary to
assist the Office of the National Coordinator in conducting evaluations of
regional extension centers as required by the HITECH Act; and
(5) other purposes as necessary to
support the implementation of the HITECH Act.
(b) The commissioner shall coordinate
with the commissioner of human services and other state agencies in the
collection of data required under this section to:
(1) avoid duplicative reporting
requirements;
(2) maximize efficiencies in the
development of reports on state activities as required by HITECH; and
(3) determine health professional and
hospital eligibility for incentives available under the HITECH Act.
(c) The commissioner must not collect
data or publish analyses that identify, or could potentially identify,
individual patients. The commissioner
must not collect individual data in identified or de-identified form.
Sec. 2. Minnesota Statutes 2008, section 62J.496, is
amended to read:
62J.496 ELECTRONIC HEALTH RECORD SYSTEM REVOLVING ACCOUNT AND LOAN
PROGRAM.
Subdivision 1. Account
establishment. (a) An account
is established to: provide
loans to eligible borrowers to assist in financing the installation or support
of an interoperable health record system.
The system must provide for the interoperable exchange of health care
information between the applicant and, at a minimum, a hospital system,
pharmacy, and a health care clinic or other physician group.
(1) finance the purchase of certified
electronic health records or qualified electronic health records as defined in
section 62J.495, subdivision 1a;
(2) enhance the utilization of electronic
health record technology, which may include costs associated with upgrading the
technology to meet the criteria necessary to be a certified electronic health
record or a qualified electronic health record;
(3) train personnel in the use of electronic
health record technology; and
(4) improve the secure electronic
exchange of health information.
(b) Amounts deposited in the account,
including any grant funds obtained through federal or other sources, loan
repayments, and interest earned on the amounts shall be used only for awarding
loans or loan guarantees, as a source of reserve and security for leveraged
loans, or for the administration of the account.
(c) The commissioner may accept
contributions to the account from private sector entities subject to the
following provisions:
(1) the contributing entity may not
specify the recipient or recipients of any loan issued under this subdivision;
(2) the commissioner shall make public
the identity of any private contributor to the loan fund, as well as the amount
of the contribution provided; and
(3) the commissioner may issue letters
of commendation or make other awards that have no financial value to any such
entity.
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A contributing entity may not specify
that the recipient or recipients of any loan use specific products or services,
nor may the contributing entity imply that a contribution is an endorsement of
any specific product or service.
(d) The commissioner may use the loan
funds to reimburse private sector entities for any contribution made to the
loan fund. Reimbursement to private
entities may not exceed the principle amount contributed to the loan fund.
(e) The commissioner may use funds
deposited in the account to guarantee, or purchase insurance for, a local
obligation if the guarantee or purchase would improve credit market access or
reduce the interest rate applicable to the obligation involved.
(f) The commissioner may use funds
deposited in the account as a source of revenue or security for the payment of
principal and interest on revenue or bonds issued by the state if the proceeds
of the sale of the bonds will be deposited into the loan fund.
Subd. 2. Eligibility. (a) "Eligible borrower" means one
of the following:
(1) federally qualified health
centers;
(1) (2) community clinics, as defined under section 145.9268;
(2) (3) nonprofit or local unit of
government hospitals eligible
for rural hospital capital improvement grants, as defined in section 144.148
licensed under sections 144.50 to 144.56;
(3) physician clinics located in a
community with a population of less than 50,000 according to United States
Census Bureau statistics and outside the seven-county metropolitan area;
(4) individual or small group
physician practices that are focused primarily on primary care;
(4) (5) nursing facilities licensed under sections 144A.01 to
144A.27; and
(6) local public health departments as
defined in chapter 145A; and
(5) (7) other providers of health or health care services
approved by the commissioner for which interoperable electronic health record
capability would improve quality of care, patient safety, or community health.
(b) The commissioner shall administer
the loan fund to prioritize support and assistance to:
(1) critical access hospitals;
(2) federally qualified health centers;
(3) entities that serve uninsured,
underinsured, and medically underserved individuals, regardless of whether such
area is urban or rural; and
(4) individual or small group
practices that are primarily focused on primary care.
(b) To be eligible for a loan under
this section, the
(c) An eligible
applicant must submit a loan application to the commissioner of health on forms
prescribed by the commissioner. The
application must include, at a minimum:
(1) the amount of the loan requested
and a description of the purpose or project for which the loan proceeds will be
used;
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(2)
a quote from a vendor;
(3)
a description of the health care entities and other groups participating in the
project;
(4)
evidence of financial stability and a demonstrated ability to repay the loan;
and
(5)
a description of how the system to be financed interconnects
interoperates or plans in the future to interconnect interoperate
with other health care entities and provider groups located in the same
geographical area;
(6)
a plan on how the certified electronic health record technology will be
maintained and supported over time; and
(7)
any other requirements for applications included or developed pursuant to
section 3014 of the HITECH Act.
Subd.
3. Loans. (a) The commissioner of health may make a no
interest loan or low interest loan to a provider or provider group who
is eligible under subdivision 2 on a first-come, first-served basis provided
that the applicant is able to comply with this section consistent with
the priorities established in subdivision 2. The total accumulative loan principal must
not exceed $1,500,000 $3,000,000 per loan. The interest rate for each loan, if
imposed, shall not exceed the current market interest rate. The commissioner of health has discretion
over the size, interest rate, and number of loans made. Nothing in this section shall require the
commissioner to make a loan to an eligible borrower under subdivision 2.
(b)
The commissioner of health may prescribe forms and establish an application
process and, notwithstanding section 16A.1283, may impose a reasonable
nonrefundable application fee to cover the cost of administering the loan
program. Any application fees imposed
and collected under the electronic health records system revolving account and
loan program in this section are appropriated to the commissioner of health for
the duration of the loan program. The
commissioner may apply for and use all federal funds available through the
HITECH Act to administer the loan program.
(c)
For loans approved prior to July 1, 2009, the borrower must begin repaying
the principal no later than two years from the date of the loan. Loans must be amortized no later than six
years from the date of the loan.
(d)
For loans granted on January 1, 2010, or thereafter, the borrower must begin
repaying the principle no later than one year from the date of the loan. Loans must be amortized no later than six
years after the date of the loan.
(d)
Repayments (e) All repayments and
interest paid on each loan must be
credited to the account.
(f)
The loan agreement shall include the assurances that borrower meets
requirements included or developed pursuant to section 3014 of the HITECH
Act. The requirements shall include, but
are not limited to:
(1)
submitting reports on quality measures in compliance with regulations adopted
by the federal government;
(2)
demonstrating that any certified electronic health record technology purchased,
improved, or otherwise financially supported by this loan program is used to
exchange health information in a manner that, in accordance with law and
standards applicable to the exchange of information, improves the quality of
health care;
(3)
including a plan on how the borrower intends to maintain and support the
certified electronic health record technology over time and the resources
expected to be used to maintain and support the technology purchased with the
loan; and
(4)
complying with other requirements the secretary may require to use loans funds
under the HITECH Act.
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Subd. 4. Data
classification. Data collected by
the commissioner of health on the application to determine eligibility under
subdivision 2 and to monitor borrowers' default risk or collect payments owed
under subdivision 3 are (1) private data on individuals as defined in section
13.02, subdivision 12; and (2) nonpublic data as defined in section 13.02,
subdivision 9. The names of borrowers
and the amounts of the loans granted are public data.
Sec. 3. Minnesota Statutes 2008, section 62J.497,
subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purposes of this section, the
following terms have the meanings given.
(a) "Backward compatible"
means that the newer version of a data transmission standard would retain, at a
minimum, the full functionality of the versions previously adopted, and would
permit the successful completion of the applicable transactions with entities
that continue to use the older versions.
(a) (b) "Dispense" or
"dispensing" has the meaning given in section 151.01, subdivision
30. Dispensing does not include the
direct administering of a controlled substance to a patient by a licensed health
care professional.
(b) (c) "Dispenser" means a person
authorized by law to dispense a controlled substance, pursuant to a valid
prescription.
(c) (d) "Electronic media" has the
meaning given under Code of Federal Regulations, title 45, part 160.103.
(d) (e) "E-prescribing" means the
transmission using electronic media of prescription or prescription-related
information between a prescriber, dispenser, pharmacy benefit manager, or group
purchaser, either directly or through an intermediary, including an
e-prescribing network. E-prescribing
includes, but is not limited to, two-way transmissions between the point of
care and the dispenser and two-way transmissions related to eligibility,
formulary, and medication history information.
(e) (f) "Electronic prescription drug
program" means a program that provides for e-prescribing.
(f) (g) "Group purchaser" has the
meaning given in section 62J.03, subdivision 6.
(g) (h) "HL7 messages" means a
standard approved by the standards development organization known as Health
Level Seven.
(h) (i) "National Provider
Identifier" or "NPI" means the identifier described under Code
of Federal Regulations, title 45, part 162.406.
(i) (j) "NCPDP" means the National
Council for Prescription Drug Programs, Inc.
(j) (k) "NCPDP Formulary and Benefits
Standard" means the National Council for Prescription Drug Programs
Formulary and Benefits Standard, Implementation Guide, Version 1, Release 0,
October 2005.
(k) (l) "NCPDP SCRIPT Standard"
means the National Council for Prescription Drug Programs Prescriber/Pharmacist
Interface SCRIPT Standard, Implementation Guide Version 8, Release 1 (Version
8.1), October 2005, or the most recent standard adopted by the Centers for
Medicare and Medicaid Services for e‑prescribing under Medicare Part D as
required by section 1860D-4(e)(4)(D) of the Social Security Act, and
regulations adopted under it. The
standards shall be implemented according to the Centers for Medicare and
Medicaid Services schedule for compliance.
Subsequently released versions of the NCPDP SCRIPT Standard may be used,
provided that the new version of the standard is backward compatible to the
current version adopted by the Centers for Medicare and Medicaid Services.
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(l) (m) "Pharmacy" has the meaning
given in section 151.01, subdivision 2.
(m) (n) "Prescriber" means a
licensed health care professional who is authorized to prescribe a
controlled substance under section 152.12, subdivision 1. practitioner,
other than a veterinarian, as defined in section 151.01, subdivision 23.
(n) (o) "Prescription-related
information" means information regarding eligibility for drug benefits,
medication history, or related health or drug information.
(o) (p) "Provider" or "health
care provider" has the meaning given in section 62J.03, subdivision 8.
Sec. 4. Minnesota Statutes 2008, section 62J.497, subdivision
2, is amended to read:
Subd. 2. Requirements
for electronic prescribing. (a)
Effective January 1, 2011, all providers, group purchasers, prescribers, and
dispensers must establish and, maintain, and use an
electronic prescription drug program that complies. This program must comply with the
applicable standards in this section for transmitting, directly or through an
intermediary, prescriptions and prescription-related information using
electronic media.
(b) Nothing in this section
requires providers, group purchasers, prescribers, or dispensers to conduct the
transactions described in this section. If
transactions described in this section are conducted, they must be done
electronically using the standards described in this section. Nothing in this section requires providers,
group purchasers, prescribers, or dispensers to electronically conduct
transactions that are expressly prohibited by other sections or federal law.
(c) Providers, group purchasers,
prescribers, and dispensers must use either HL7 messages or the NCPDP SCRIPT
Standard to transmit prescriptions or prescription-related information
internally when the sender and the recipient are part of the same legal
entity. If an entity sends prescriptions
outside the entity, it must use the NCPDP SCRIPT Standard or other applicable
standards required by this section. Any
pharmacy within an entity must be able to receive electronic prescription
transmittals from outside the entity using the adopted NCPDP SCRIPT
Standard. This exemption does not
supersede any Health Insurance Portability and Accountability Act (HIPAA)
requirement that may require the use of a HIPAA transaction standard within an
organization.
(d) Entities transmitting
prescriptions or prescription-related information where the prescriber is
required by law to issue a prescription for a patient to a nonprescribing
provider that in turn forwards the prescription to a dispenser are exempt from
the requirement to use the NCPDP SCRIPT Standard when transmitting prescriptions
or prescription-related information.
Sec. 5. Minnesota Statutes 2008, section 62J.497, is
amended by adding a subdivision to read:
Subd. 4.
Development and use of uniform
formulary exception form. (a)
The commissioner of health, in consultation with the Minnesota Administrative
Uniformity Committee, shall develop by July 1, 2009, or six weeks after
enactment of this subdivision, whichever is later, a uniform formulary
exception form that allows health care providers to request exceptions from
group purchaser formularies using a uniform form. Upon development of the form, all health care
providers must submit requests for formulary exceptions using the uniform form,
and all group purchasers must accept this form from health care providers.
(b) No later than January 1, 2011,
the uniform formulary exception form must be accessible and submitted by health
care providers, and accepted and processed by group purchasers, through secure
electronic transmissions. Facsimile
shall not be considered secure electronic transmissions.
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Sec. 6. Minnesota Statutes 2008, section 62J.497, is
amended by adding a subdivision to read:
Subd. 5.
Electronic drug prior
authorization standardization and transmission. (a) The commissioner of health, in consultation
with the Minnesota e-Health Advisory Committee and the Minnesota Administrative
Uniformity Committee, shall, by February 15, 2010, identify an outline on how
best to standardize drug prior authorization request transactions between
providers and group purchasers with the goal of maximizing administrative
simplification and efficiency in preparation for electronic transmissions.
(b) No later than January 1, 2011,
drug prior authorization requests must be accessible and submitted by health
care providers, and accepted and processed by group purchasers, electronically
through secure electronic transmissions.
Facsimile shall not be considered electronic transmission.
Sec. 7. [62Q.676]
MEDICATION THERAPY MANAGEMENT.
A pharmacy benefit manager that
provides prescription drug services must make available medication therapy
management services for enrollees taking four or more prescriptions to treat or
prevent two or more chronic medical conditions.
For purposes of this section, "medication therapy management"
means the provision of the following pharmaceutical care services by, or under
the supervision of, a licensed pharmacist to optimize the therapeutic outcomes
of the patient's medications:
(1) performing a comprehensive
medication review to identify, resolve, and prevent medication-related
problems, including adverse drug events;
(2) communicating essential
information to the patient's other primary care providers; and
(3) providing verbal education and
training designed to enhance patient understanding and appropriate use of the
patient's medications.
Nothing in this section shall be
construed to expand or modify the scope of practice of the pharmacist as
defined in section 151.01, subdivision 27.
Sec. 8. Minnesota Statutes 2008, section 144.122, is
amended to read:
144.122 LICENSE, PERMIT, AND SURVEY FEES.
(a) The state commissioner of health,
by rule, may prescribe 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.
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(c) The commissioner may develop a
schedule of fees for diagnostic evaluations conducted at clinics held by the
services for children with disabilities 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 shall set
license fees for hospitals and nursing homes that are not boarding care homes
at the following levels:
Joint
Commission on Accreditation
of Healthcare
Organizations (JCAHO)
and American
Osteopathic Association
(AOA)
hospitals $7,555
$7,655 plus $13 $16 per bed
Non-JCAHO and
non-AOA hospitals $5,180
$5,280 plus $247 $250 per bed
Nursing home $183
plus $91 per bed
The commissioner shall set license fees for outpatient
surgical centers, boarding care homes, and supervised living facilities at the
following levels:
Outpatient
surgical centers $3,349
$3,712
Boarding care
homes $183
plus $91 per bed
Supervised
living facilities $183
plus $91 per bed.
(e) Unless prohibited by federal law, the commissioner of
health shall charge applicants the following fees to cover the cost of any
initial certification surveys required to determine a provider's eligibility to
participate in the Medicare or Medicaid program:
Prospective
payment surveys for hospitals $900
Swing
bed surveys for nursing homes $1,200
Psychiatric
hospitals $1,400
Rural
health facilities $1,100
Portable
x-ray providers $500
Home
health agencies $1,800
Outpatient
therapy agencies $800
End
stage renal dialysis providers $2,100
Independent
therapists $800
Comprehensive
rehabilitation outpatient facilities $1,200
Hospice
providers $1,700
Ambulatory
surgical providers $1,800
Hospitals $4,200
Other
provider categories or additional Actual
surveyor costs: average
resurveys
required to complete initial surveyor
cost x number of hours
certification
for
the survey process.
These fees shall be submitted at the time of the application for
federal certification and shall not be refunded. All fees collected after the date that the
imposition of fees is not prohibited by federal law shall be deposited in the
state treasury and credited to the state government special revenue fund.
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Sec. 9. Minnesota Statutes 2008, section 144.226,
subdivision 4, is amended to read:
Subd. 4. Vital
records surcharge. (a) In addition
to any fee prescribed under subdivision 1, there is a nonrefundable surcharge
of $2 for each certified and noncertified birth, stillbirth, or death record,
and for a certification that the record cannot be found. The local or state registrar shall forward
this amount to the commissioner of finance to be deposited into the state
government special revenue fund. This
surcharge shall not be charged under those circumstances in which no fee for a
birth, stillbirth, or death record is permitted under subdivision 1, paragraph
(a).
(b) Effective August
1, 2005, to June 30, 2009, the surcharge in paragraph (a) shall be
is $4.
Sec. 10. Minnesota Statutes 2008, section 148.6445, is
amended by adding a subdivision to read:
Subd. 2a. Duplicate license fee. The fee for a duplicate license is $25.
ARTICLE 5
HEALTH CARE
Section 1. Minnesota Statutes 2008, section 60A.092,
subdivision 2, is amended to read:
Subd. 2. Licensed
assuming insurer. Reinsurance is
ceded to an assuming insurer if the assuming insurer is licensed to transact
insurance or reinsurance in this state. For
purposes of reinsuring any health risk, an insurer is defined under section
62A.63.
Sec. 2. Minnesota Statutes 2008, section 62D.03,
subdivision 4, is amended to read:
Subd. 4. Application
requirements. Each application for a
certificate of authority shall be verified by an officer or authorized
representative of the applicant, and shall be in a form prescribed by the
commissioner of health. Each application
shall include the following:
(a) a copy of the
basic organizational document, if any, of the applicant and of each major
participating entity; such as the articles of incorporation, or other
applicable documents, and all amendments thereto;
(b) a copy of the
bylaws, rules and regulations, or similar document, if any, and all amendments
thereto which regulate the conduct of the affairs of the applicant and of each
major participating entity;
(c) a list of the names,
addresses, and official positions of the following:
(1) all members of
the board of directors, or governing body of the local government unit, and the
principal officers and shareholders of the applicant organization; and
(2) all members of
the board of directors, or governing body of the local government unit, and the
principal officers of the major participating entity and each shareholder
beneficially owning more than ten percent of any voting stock of the major
participating entity;
The commissioner may
by rule identify persons included in the term "principal officers";
(d) a full disclosure
of the extent and nature of any contract or financial arrangements between the
following:
(1) the health
maintenance organization and the persons listed in clause (c)(1);
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(2) the health maintenance organization and the persons
listed in clause (c)(2);
(3) each major participating entity and the persons listed in
clause (c)(1) concerning any financial relationship with the health maintenance
organization; and
(4) each major participating entity and the persons listed in
clause (c)(2) concerning any financial relationship with the health maintenance
organization;
(e) the name and address of each participating entity and the
agreed upon duration of each contract or agreement;
(f) a copy of the form of each contract binding the
participating entities and the health maintenance organization. Contractual provisions shall be consistent
with the purposes of sections 62D.01 to 62D.30, in regard to the services to be
performed under the contract, the manner in which payment for services is
determined, the nature and extent of responsibilities to be retained by the
health maintenance organization, the nature and extent of risk sharing
permissible, and contractual termination provisions;
(g) a copy of each contract binding major participating
entities and the health maintenance organization. Contract information filed with the
commissioner shall be confidential and subject to the provisions of section
13.37, subdivision 1, clause (b), upon the request of the health maintenance
organization.
Upon initial filing of each contract, the health maintenance
organization shall file a separate document detailing the projected annual
expenses to the major participating entity in performing the contract and the
projected annual revenues received by the entity from the health maintenance
organization for such performance. The
commissioner shall disapprove any contract with a major participating entity if
the contract will result in an unreasonable expense under section 62D.19. The commissioner shall approve or disapprove
a contract within 30 days of filing.
Within 120 days of the anniversary of the implementation of
each contract, the health maintenance organization shall file a document
detailing the actual expenses incurred and reported by the major participating
entity in performing the contract in the preceding year and the actual revenues
received from the health maintenance organization by the entity in payment for
the performance;
(h) a statement generally describing the health maintenance
organization, its health maintenance contracts and separate health service
contracts, facilities, and personnel, including a statement describing the
manner in which the applicant proposes to provide enrollees with comprehensive
health maintenance services and separate health services;
(i) a copy of the form of each evidence of coverage to be
issued to the enrollees;
(j) a copy of the form of each individual or group health
maintenance contract and each separate health service contract which is to be
issued to enrollees or their representatives;
(k) financial statements showing the applicant's assets,
liabilities, and sources of financial support.
If the applicant's financial affairs are audited by independent
certified public accountants, a copy of the applicant's most recent certified
financial statement may be deemed to satisfy this requirement;
(l) a description of the proposed method of marketing the
plan, a schedule of proposed charges, and a financial plan which includes a
three-year projection of the expenses and income and other sources of future
capital;
(m) a statement reasonably describing the geographic area or
areas to be served and the type or types of enrollees to be served;
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(n) a description of
the complaint procedures to be utilized as required under section 62D.11;
(o) a description of
the procedures and programs to be implemented to meet the requirements of
section 62D.04, subdivision 1, clauses (b) and (c) and to monitor the quality
of health care provided to enrollees;
(p) a description of
the mechanism by which enrollees will be afforded an opportunity to participate
in matters of policy and operation under section 62D.06;
(q) a copy of any
agreement between the health maintenance organization and an insurer or,
including any nonprofit health service corporation or another health
maintenance organization, regarding reinsurance, stop-loss coverage,
insolvency coverage, or any other type of coverage for potential costs of
health services, as authorized in sections 62D.04, subdivision 1, clause (f),
62D.05, subdivision 3, and 62D.13;
(r) a copy of the
conflict of interest policy which applies to all members of the board of
directors and the principal officers of the health maintenance organization, as
described in section 62D.04, subdivision 1, paragraph (g). All currently licensed health maintenance
organizations shall also file a conflict of interest policy with the
commissioner within 60 days after August 1, 1990, or at a later date if approved
by the commissioner;
(s) a copy of the
statement that describes the health maintenance organization's prior
authorization administrative procedures; and
(t) other information
as the commissioner of health may reasonably require to be provided.
Sec. 3. Minnesota Statutes 2008, section 62D.05,
subdivision 3, is amended to read:
Subd. 3. Contracts;
health services. A health
maintenance organization may contract with providers of health care services to
render the services the health maintenance organization has promised to provide
under the terms of its health maintenance contracts, may, subject to section
62D.12, subdivision 11, enter into separate prepaid dental contracts, or other
separate health service contracts, may, subject to the limitations of section
62D.04, subdivision 1, clause (f), contract with insurance companies and,
including nonprofit health service plan corporations or other health
maintenance organizations, for insurance, indemnity or reimbursement of its
cost of providing health care services for enrollees or against the risks
incurred by the health maintenance organization, may contract with insurance
companies and nonprofit health service plan corporations for insolvency
insurance coverage, and may contract with insurance companies and nonprofit
health service plan corporations to insure or cover the enrollees' costs and
expenses in the health maintenance organization, including the customary
prepayment amount and any co-payment obligations, and may contract to
provide reinsurance or insolvency insurance coverage to health insurers or
nonprofit health service plan corporations.
Sec. 4. Minnesota Statutes 2008, section 62J.692,
subdivision 7, is amended to read:
Subd. 7. Transfers
from the commissioner of human services.
(a) The amount transferred according to section 256B.69, subdivision
5c, paragraph (a), clause (1), shall be distributed by the commissioner
annually to clinical medical education programs that meet the qualifications of
subdivision 3 based on the formula in subdivision 4, paragraph (a) Of
the amount transferred according to section 256B.69, subdivision 5c, paragraph
(a), clauses (1) to (4), $21,714,000 shall be distributed as follows:
(1) $2,157,000
shall be distributed by the commissioner to the University of Minnesota Board
of Regents for the purposes described in sections 137.38 to 137.40;
(2) $1,035,360
shall be distributed by the commissioner to the Hennepin County Medical Center
for clinical medical education;
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(3) $17,400,000
shall be distributed by the commissioner to the University of Minnesota Board
of Regents for purposes of medial education;
(4) $1,121,640
shall be distributed by the commissioner to clinical medical education dental
innovation grants in accordance with subdivision 7a; and
(5) the remainder
of the amount transferred according to section 256B.69, subdivision 5c, clauses
(1) to (4), shall be distributed by the commissioner annually to clinical
medical education programs that meet the qualifications of subdivision 3 based
on the formula in subdivision 4, paragraph (a).
(b) Fifty percent
of the amount transferred according to section 256B.69, subdivision 5c,
paragraph (a), clause (2), shall be distributed by the commissioner to the
University of Minnesota Board of Regents for the purposes described in sections
137.38 to 137.40. Of the remaining
amount transferred according to section 256B.69, subdivision 5c, paragraph (a),
clause (2), 24 percent of the amount shall be distributed by the commissioner
to the Hennepin County Medical Center for clinical medical education. The remaining 26 percent of the amount
transferred shall be distributed by the commissioner in accordance with
subdivision 7a. If the federal approval
is not obtained for the matching funds under section 256B.69, subdivision 5c,
paragraph (a), clause (2), 100 percent of the amount transferred under this
paragraph shall be distributed by the commissioner to the University of
Minnesota Board of Regents for the purposes described in sections 137.38 to
137.40.
(c) The amount
transferred according to section 256B.69, subdivision 5c, paragraph (a),
clauses (3) and (4), shall be distributed by the commissioner upon receipt to
the University of Minnesota Board of Regents for the purposes of clinical
graduate medical education.
Sec. 5. Minnesota Statutes 2008, section 256.01,
subdivision 2b, is amended to read:
Subd. 2b. Performance
payments. (a) The
commissioner shall develop and implement a pay-for-performance system to
provide performance payments to eligible medical groups and clinics that
demonstrate optimum care in serving individuals with chronic diseases who are
enrolled in health care programs administered by the commissioner under
chapters 256B, 256D, and 256L. The
commissioner may receive any federal matching money that is made available
through the medical assistance program for managed care oversight contracted
through vendors, including consumer surveys, studies, and external quality
reviews as required by the federal Balanced Budget Act of 1997, Code of Federal
Regulations, title 42, part 438-managed care, subpart E-external quality
review. Any federal money received for
managed care oversight is appropriated to the commissioner for this
purpose. The commissioner may expend the
federal money received in either year of the biennium.
(b) Effective July
1, 2008, or upon federal approval, whichever is later, the commissioner shall
develop and implement a patient incentive health program to provide incentives
and rewards to patients who are enrolled in health care programs administered
by the commissioner under chapters 256B, 256D, and 256L, and who have agreed to
and have met personal health goals established with the patients' primary care
providers to manage a chronic disease or condition, including but not limited
to diabetes, high blood pressure, and coronary artery disease.
Sec. 6. Minnesota Statutes 2008, section 256.01, is
amended by adding a subdivision to read:
Subd. 18a. Public Assistance Reporting Information
System. (a) Effective October
1, 2009, the commissioner shall comply with the federal requirements in Public
Law 110-379 in implementing the Public Assistance Reporting Information System
(PARIS) to determine eligibility for all individuals applying for:
(1) health care
benefits under chapters 256B, 256D, and 256L; and
(2) public
benefits under chapters 119B, 256D, 256I, and the supplemental nutrition
assistance program.
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(b) The commissioner shall determine eligibility under
paragraph (a) by performing data matches, including matching with medical
assistance, cash, child care, and supplemental assistance programs operated by
other states.
EFFECTIVE DATE.
This section is effective October 1, 2009.
Sec. 7. Minnesota
Statutes 2008, section 256.01, is amended by adding a subdivision to read:
Subd. 18b. Protections for American Indians. Effective February 18, 2009, the
commissioner shall comply with the federal requirements in the American
Recovery and Reinvestment Act of 2009, Public Law 111-5, section 5006,
regarding American Indians.
Sec. 8. Minnesota
Statutes 2008, section 256.962, subdivision 2, is amended to read:
Subd. 2. Outreach grants. (a) The commissioner shall award grants to
public and private organizations, regional collaboratives, and regional health
care outreach centers for outreach activities, including, but not limited to:
(1) providing information, applications, and assistance in
obtaining coverage through Minnesota public health care programs;
(2) collaborating with public and private entities such as
hospitals, providers, health plans, legal aid offices, pharmacies, insurance
agencies, and faith-based organizations to develop outreach activities and
partnerships to ensure the distribution of information and applications and
provide assistance in obtaining coverage through Minnesota health care
programs; and
(3) providing or collaborating with public and private
entities to provide multilingual and culturally specific information and
assistance to applicants in areas of high uninsurance in the state or
populations with high rates of uninsurance; and
(4) targeting geographic areas with high rates of (i)
eligible but unenrolled children, including children who reside in rural areas,
or (ii) racial and ethnic minorities and health disparity populations.
(b) The commissioner shall ensure that all outreach materials
are available in languages other than English.
(c) The commissioner shall establish an outreach trainer
program to provide training to designated individuals from the community and
public and private entities on application assistance in order for these
individuals to provide training to others in the community on an as-needed
basis.
Sec. 9. Minnesota
Statutes 2008, section 256.962, subdivision 6, is amended to read:
Subd. 6. School districts and charter schools. (a) At the beginning of each school year, a
school district or charter school shall provide information to each
student on the availability of health care coverage through the Minnesota
health care programs and how to obtain an application for the Minnesota health
care programs.
(b) For each child who is determined to be eligible for
the free and reduced-price school lunch program, the district shall provide the
child's family with information on how to obtain an application for the Minnesota
health care programs and application assistance.
(c)
A school district or charter school shall also ensure that
applications and information on application assistance are available at early
childhood education sites and public schools located within the district's
jurisdiction.
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(d) (c) Each district
shall designate an enrollment specialist to provide application assistance and
follow-up services with families who have indicated an interest in receiving
information or an application for the Minnesota health care program. A district is eligible for the application
assistance bonus described in subdivision 5.
(e) Each (d) If a school district or charter school maintains
a district Web site, the school
district or charter school shall provide on their its Web
site a link to information on how to obtain an application and application
assistance.
Sec. 10. [256.964]
DENTAL CARE PILOT PROJECTS.
The commissioner
shall authorize pilot projects to reduce the total cost to the state for dental
services provided to enrollees of the state public health care programs by
reducing hospital emergency room costs for preventable or nonemergency dental
services. As part of the project, a
community dental clinic or dental provider, in collaboration with a hospital
emergency room, shall provide urgent care dental services as an alternative to
the hospital emergency room for nonemergency dental care. The project participants shall establish a
process to divert a patient presenting at the emergency room for nonemergency
dental care to the dental community clinic or to an appropriate dental
provider. The commissioner may establish
special payment rates for urgent care services provided and may change or waive
existing payment policies in order to adequately reimburse providers for
providing cost-effective alternative services in an outpatient or urgent care
setting. The commissioner may establish
a project in conjunction with the initiative authorized under section 256.963.
Sec. 11. Minnesota Statutes 2008, section 256.969,
subdivision 2b, is amended to read:
Subd. 2b. Operating
payment rates. In determining
operating payment rates for admissions occurring on or after the rate year
beginning January 1, 1991, and every two years after, or more frequently as
determined by the commissioner, the commissioner shall obtain operating data
from an updated base year and establish operating payment rates per admission
for each hospital based on the cost-finding methods and allowable costs of the
Medicare program in effect during the base year. Rates under the general assistance medical
care, medical assistance, and MinnesotaCare programs shall not be rebased to
more current data on January 1, 1997, January 1, 2005, and for the first
24 months of the rebased period beginning January 1, 2009, and for the first
three months of the rebased period beginning January 1, 2011. From April 1, 2011, to March 31, 2012, rates
shall be rebased at 39.2 percent of the full value of the rebasing percentage
change. Effective April 1, 2012, rates
shall be rebased at full value. The
base year operating payment rate per admission is standardized by the case mix
index and adjusted by the hospital cost index, relative values, and
disproportionate population adjustment.
The cost and charge data used to establish operating rates shall only reflect
inpatient services covered by medical assistance and shall not include property
cost information and costs recognized in outlier payments.
Sec. 12. Minnesota Statutes 2008, section 256.969,
subdivision 3a, is amended to read:
Subd. 3a. Payments.
(a) Acute care hospital billings under
the medical assistance program must not be submitted until the recipient is
discharged. However, the commissioner
shall establish monthly interim payments for inpatient hospitals that have
individual patient lengths of stay over 30 days regardless of diagnostic
category. Except as provided in section
256.9693, medical assistance reimbursement for treatment of mental illness
shall be reimbursed based on diagnostic classifications. Individual hospital payments established
under this section and sections 256.9685, 256.9686, and 256.9695, in addition
to third party and recipient liability, for discharges occurring during the
rate year shall not exceed, in aggregate, the charges for the medical
assistance covered inpatient services paid for the same period of time to the
hospital. This payment limitation shall
be calculated separately for medical assistance and general assistance medical
care services. The limitation on general
assistance medical care shall be effective for admissions occurring on or after
July 1, 1991. Services that have rates
established under subdivision 11 or 12, must be limited separately from other
services. After consulting with the
affected hospitals, the commissioner may consider related hospitals one entity
and may merge the payment rates while maintaining separate provider
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numbers. The operating and property base rates per
admission or per day shall be derived from the best Medicare and claims data
available when rates are established.
The commissioner shall determine the best Medicare and claims data, taking
into consideration variables of recency of the data, audit disposition,
settlement status, and the ability to set rates in a timely manner. The commissioner shall notify hospitals of
payment rates by December 1 of the year preceding the rate year. The rate setting data must reflect the admissions
data used to establish relative values.
Base year changes from 1981 to the base year established for the rate
year beginning January 1, 1991, and for subsequent rate years, shall not be
limited to the limits ending June 30, 1987, on the maximum rate of increase
under subdivision 1. The commissioner
may adjust base year cost, relative value, and case mix index data to exclude
the costs of services that have been discontinued by the October 1 of the year
preceding the rate year or that are paid separately from inpatient
services. Inpatient stays that encompass
portions of two or more rate years shall have payments established based on
payment rates in effect at the time of admission unless the date of admission
preceded the rate year in effect by six months or more. In this case, operating payment rates for
services rendered during the rate year in effect and established based on the
date of admission shall be adjusted to the rate year in effect by the hospital
cost index.
(b) For
fee-for-service admissions occurring on or after July 1, 2002, the total
payment, before third-party liability and spenddown, made to hospitals for
inpatient services is reduced by .5 percent from the current statutory rates.
(c) In addition to
the reduction in paragraph (b), the total payment for fee-for-service
admissions occurring on or after July 1, 2003, made to hospitals for inpatient
services before third-party liability and spenddown, is reduced five percent
from the current statutory rates. Mental
health services within diagnosis related groups 424 to 432, and facilities
defined under subdivision 16 are excluded from this paragraph.
(d) In addition to
the reduction in paragraphs (b) and (c), the total payment for fee-for-service
admissions occurring on or after July 1, 2005, made to hospitals for inpatient
services before third-party liability and spenddown, is reduced 6.0 percent
from the current statutory rates. Mental
health services within diagnosis related groups 424 to 432 and facilities
defined under subdivision 16 are excluded from this paragraph. Notwithstanding section 256.9686, subdivision
7, for purposes of this paragraph, medical assistance does not include general
assistance medical care. Payments made
to managed care plans shall be reduced for services provided on or after
January 1, 2006, to reflect this reduction.
(e) In addition to
the reductions in paragraphs (b), (c), and (d), the total payment for
fee-for-service admissions occurring on or after July 1, 2008, through June 30,
2009, made to hospitals for inpatient services before third-party liability and
spenddown, is reduced 3.46 percent from the current statutory rates. Mental health services with diagnosis related
groups 424 to 432 and facilities defined under subdivision 16 are excluded from
this paragraph. Payments made to managed
care plans shall be reduced for services provided on or after January 1, 2009,
through June 30, 2009, to reflect this reduction.
(f) In addition to
the reductions in paragraphs (b), (c), and (d), the total payment for
fee-for-service admissions occurring on or after July 1, 2009, through June 30,
2010, made to hospitals for inpatient services before third-party liability and
spenddown, is reduced 1.9 percent from the current statutory rates. Mental health services with diagnosis related
groups 424 to 432 and facilities defined under subdivision 16 are excluded from
this paragraph. Payments made to managed
care plans shall be reduced for services provided on or after July 1, 2009,
through June 30, 2010, to reflect this reduction.
(g) In addition to
the reductions in paragraphs (b), (c), and (d), the total payment for
fee-for-service admissions occurring on or after July 1, 2010, made to hospitals
for inpatient services before third-party liability and spenddown, is reduced
1.79 percent from the current statutory rates.
Mental health services with diagnosis related groups 424 to 432 and
facilities defined under subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be
reduced for services provided on or after July 1, 2010, to reflect this
reduction.
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(h) In addition to the reductions in paragraphs (b), (c), (d),
(f), and (g), the total payment for fee-for-service admissions occurring on or after
July 1, 2009, made to hospitals for inpatient services before third-party
liability and spenddown, is reduced one percent from the current statutory
rates. Facilities defined under
subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be
reduced for services provided on or after October 1, 2009, to reflect this
reduction.
Sec. 13. Minnesota
Statutes 2008, section 256.969, is amended by adding a subdivision to read:
Subd. 3b. Nonpayment for hospital-acquired conditions and for certain
treatments. (a) The
commissioner must not make medical assistance payments to a hospital for any
costs of care that result from a condition listed in paragraph (c), if the
condition was hospital acquired.
(b) For purposes of this subdivision, a condition is hospital
acquired if it is not identified by the hospital as present on admission. For purposes of this subdivision, medical
assistance includes general assistance medical care and MinnesotaCare.
(c) The prohibition in paragraph (a) applies to payment for
each hospital-acquired condition listed in this paragraph that is represented
by an ICD-9-CM diagnosis code and is designated as a complicating condition or
a major complicating condition:
(1) foreign object retained after surgery (ICD-9-CM codes
998.4 or 998.7);
(2) air embolism (ICD-9-CM code 999.1);
(3) blood incompatibility (ICD-9-CM code 999.6);
(4) pressure ulcers stage III or IV (ICD-9-CM codes 707.23 or
707.24);
(5) falls and trauma, including fracture, dislocation,
intracranial injury, crushing injury, burn, and electric shock (ICD-9-CM codes
with these ranges on the complicating condition and major complicating
condition list: 800-829; 830-839;
850-854; 925-929; 940-949; and 991-994);
(6) catheter-associated urinary tract infection (ICD-9-CM code
996.64);
(7) vascular catheter-associated infection (ICD-9-CM code
999.31);
(8) manifestations of poor glycemic control (ICD-9-CM codes
249.10; 249.11; 249.20; 249.21; 250.10; 250.11; 250.12; 250.13; 250.20; 250.21;
250.22; 250.23; and 251.0);
(9) surgical site infection (ICD-9-CM codes 996.67 or 998.59)
following certain orthopedic procedures (procedure codes 81.01; 81.02; 81.03;
81.04; 81.05; 81.06; 81.07; 81.08; 81.23; 81.24; 81.31; 81.32; 81.33; 81.34;
81.35; 81.36; 81.37; 81.38; 81.83; and 81.85);
(10) surgical site infection (ICD-9-CM code 998.59) following
bariatric surgery (procedure codes 44.38; 44.39; or 44.95) for a principal
diagnosis of morbid obesity (ICD-9-CM code 278.01);
(11) surgical site infection, mediastinitis (ICD-9-CM code
519.2) following coronary artery bypass graft (procedure codes 36.10 to 36.19);
and
(12) deep vein thrombosis (ICD-9-CM codes 453.40 to 453.42) or
pulmonary embolism (ICD-9-CM codes 415.11 or 415.91) following total knee
replacement (procedure code 81.54) or hip replacement (procedure codes 00.85 to
00.87 or 81.51 to 81.52).
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(d) The prohibition in paragraph (a) applies to any additional
payments that result from a hospital-acquired condition listed in paragraph
(c), including, but not limited to, additional treatment or procedures, readmission
to the facility after discharge, increased length of stay, change to a higher
diagnostic category, or transfer to another hospital. In the event of a transfer to another
hospital, the hospital where the condition listed under paragraph (c) was
acquired is responsible for any costs incurred at the hospital to which the
patient is transferred.
(e) A hospital shall not bill a recipient of services for any
payment disallowed under this subdivision.
Sec. 14. Minnesota
Statutes 2008, section 256.969, is amended by adding a subdivision to read:
Subd. 28. Temporary rate increase for qualifying hospitals. For the period from April 1, 2009, to
September 30, 2010, for each hospital with a medical assistance utilization
rate equal to or greater than 25 percent during the base year, the commissioner
shall provide an equal percentage rate increase for each medical assistance
admission. The commissioner shall
estimate the percentage rate increase using as the state share of the increase
the amount available under section 256B.199, paragraph (d). The commissioner shall settle up payments to
qualifying hospitals based on actual payments under that section and actual
hospital admissions.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 15. Minnesota
Statutes 2008, section 256.969, is amended by adding a subdivision to read:
Subd. 29. Reimbursement for the fee increase for the early hearing detection
and intervention program. For
services provided on or after July 1, 2010, in addition to any other payment
under this section, the commissioner shall reimburse hospitals for the increase
in the fee for the early hearing detection and intervention program described
in section 144.125, subdivision 1, paid by the hospital for public program
recipients.
Sec. 16. [256B.032] ELIGIBLE VENDORS OF MEDICAL
CARE.
(a) Effective January 1, 2011, the commissioner shall
establish performance thresholds for health care providers included in the
provider peer grouping system developed by the commissioner of health under
section 62U.04. The thresholds shall be
set at the 10th percentile of the combined cost and quality measure used for
provider peer grouping, and separate thresholds shall be set for hospital and
physician services.
(b) Beginning January 1, 2012, any health care provider with a
combined cost and quality score below the threshold set in paragraph (a) shall
be prohibited from enrolling as a vendor of medical care in the medical
assistance, general assistance medical care, or MinnesotaCare programs, and
shall not be eligible for direct payments under those programs or for payments
made by managed care plans under their contracts with the commissioner under
section 256B.69 or 256L.12. A health
care provider that is prohibited from enrolling as a vendor or receiving
payments under this paragraph may reenroll effective January 1 of any
subsequent year if the provider's most recent combined cost and quality score
exceeds the threshold established in paragraph (a).
(c) Notwithstanding paragraph (b), a provider may continue to
participate as a vendor or as part of a managed care plan provider network if
the commissioner determines that a contract with the provider is necessary to
ensure adequate access to health care services.
(d) By January 15, 2013, the commissioner shall report to the
legislature on the impact of this section.
The commissioner's report shall include information on:
(1) the providers falling below the thresholds as of January
1, 2012;
(2) the volume of services and cost of care provided to
enrollees in the medical assistance, general assistance medical care, or
MinnesotaCare programs in the 12 months prior to January 1, 2012, by providers
falling below the thresholds;
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(3) providers who fell below the thresholds but continued to
be eligible vendors under paragraph (c);
(4) the estimated cost savings achieved by not contracting
with providers who do not meet the performance thresholds; and
(5) recommendations for increasing the threshold levels of
performance over time.
Sec. 17. Minnesota
Statutes 2008, section 256B.056, subdivision 3c, is amended to read:
Subd. 3c. Asset limitations for families and
children. A household of two or more
persons must not own more than $20,000 in total net assets, and a household of
one person must not own more than $10,000 in total net assets. In addition to these maximum amounts, an
eligible individual or family may accrue interest on these amounts, but they
must be reduced to the maximum at the time of an eligibility redetermination. The value of assets that are not considered
in determining eligibility for medical assistance for families and children is
the value of those assets excluded under the AFDC state plan as of July 16,
1996, as required by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), Public Law 104-193, with the following
exceptions:
(1) household goods and personal effects are not considered;
(2) capital and operating assets of a trade or business up to
$200,000 are not considered, except that a bank account that contains
personal income or assets, or is used to pay personal expenses, is not
considered a capital or operating asset of a trade or business;
(3) one motor vehicle is excluded for each person of legal
driving age who is employed or seeking employment;
(4) one burial plot and all other burial expenses equal to the
supplemental security income program asset limit are not considered for each
individual;
(5) court-ordered settlements up to $10,000 are not
considered;
(6) individual retirement accounts and funds are not considered;
and
(7) assets owned by children are not considered.
The
assets specified in clause (2) must be disclosed to the local agency at the
time of application and at the time of an eligibility redetermination, and must
be verified upon request of the local agency.
EFFECTIVE DATE.
This section is effective January 1, 2011, or upon federal approval,
whichever is later.
Sec. 18. Minnesota
Statutes 2008, section 256B.056, subdivision 3d, is amended to read:
Subd. 3d. Reduction of excess assets. Assets in excess of the limits in
subdivisions 3 to 3c may be reduced to allowable limits as follows:
(a) Assets may be reduced in any of the three calendar months
before the month of application in which the applicant seeks coverage by:
(1) designating burial funds up to $1,500 for each applicant,
spouse, and MA-eligible dependent child; and
(2)
paying health service bills for health services that are incurred
in the retroactive period for which the applicant seeks eligibility, starting
with the oldest bill. After assets are
reduced to allowable limits, eligibility begins with the next dollar of
MA-covered health services incurred in the retroactive period. Applicants reducing assets under this
subdivision who also have excess income shall first spend excess assets to pay
health service bills and may meet the income spenddown on remaining bills.
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(b) Assets may be
reduced beginning the month of application by:
(1) paying bills for health services that are incurred
during the period specified in Minnesota Rules, part 9505.0090, subpart 2, that
would otherwise be paid by medical assistance; and. After assets are reduced to allowable limits,
eligibility begins with the next dollar of medical assistance covered health
services incurred in the period.
Applicants reducing assets under this subdivision who also have excess
income shall first spend excess assets to pay health service bills and may meet
the income spenddown on remaining bills.
(2) using any
means other than a transfer of assets for less than fair market value as
defined in section 256B.0595, subdivision 1, paragraph (b).
EFFECTIVE DATE. This section is effective
January 1, 2011.
Sec. 19. Minnesota Statutes 2008, section 256B.057, is
amended by adding a subdivision to read:
Subd. 11. Treatment for colorectal cancer. (a) Medical assistance shall be paid for
an individual who:
(1) has been
screened for colorectal cancer by the colorectal cancer prevention
demonstration project;
(2) according to
the individual's treating health professional, needs treatment for colorectal
cancer;
(3) meets income
eligibility guidelines for the colorectal cancer prevention demonstration
project;
(4) is under the
age of 65; and
(5) is not
otherwise eligible for medical assistance or covered under creditable coverage
as defined under United States Code, title 42, section 300gg(a).
(b) Medical assistance
provided under this subdivision shall be limited to services provided during
the period that the individual receives treatment for colorectal cancer.
(c) An individual
meeting the criteria in paragraph (a) is eligible for medical assistance without
meeting the eligibility criteria relating to income and assets in section
256B.056, subdivisions 1a to 5b.
(d) This
subdivision expires December 31, 2010.
Sec. 20. Minnesota Statutes 2008, section 256B.0575,
is amended to read:
256B.0575 AVAILABILITY OF INCOME FOR INSTITUTIONALIZED
PERSONS.
Subdivision 1. Income deductions. 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;
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(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 to the extent that
the deduction is not included in the personal needs allowance under section
256B.35, subdivision 1, as child support garnished under a court order;
(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;
(8) all other exclusions from income for institutionalized persons
as mandated by federal law; and
(9) amounts for reasonable expenses, as specified in
subdivision 2, incurred for necessary medical or remedial care for the
institutionalized person that are recognized under state law, not
medical assistance covered expenses, and that are not subject to
payment by a third party.
Reasonable expenses are limited to expenses that have not
been previously used as a deduction from income and are incurred during the
enrollee's current period of eligibility, including retroactive months
associated with the current period of eligibility, for medical assistance
payment of long-term care services.
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.
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Subd. 2. Reasonable expenses. For
the purposes of subdivision 1, paragraph (a), clause (9), reasonable expenses
are limited to expenses that have not been previously used as a deduction from
income and were not:
(1) for long-term care expenses incurred during a period of
ineligibility as defined in section 256B.0595, subdivision 2;
(2) incurred more than three months before the month of
application associated with the current period of eligibility;
(3) for expenses incurred by a recipient that are duplicative
of services that are covered under chapter 256B; or
(4) nursing facility expenses incurred without a timely
assessment as required under section 256B.0911.
Sec. 21. Minnesota
Statutes 2008, 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 an institutionalized person or the institutionalized
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 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 after August 10, 1993, an
institutionalized person, an institutionalized 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 institutionalized
person or institutionalized person's spouse, 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. This applies to
all transfers, including those made by a community spouse after the month in
which the institutionalized spouse is determined eligible for medical
assistance. For purposes of determining
eligibility for long-term care services, any transfer of such assets within 36
months before or any time after an institutionalized person requests medical
assistance payment of long-term care services, or 36 months before or any time
after a medical assistance recipient becomes an institutionalized person, for
less than fair market value may be considered.
Any such transfer is presumed to have been made for the purpose of
establishing or maintaining medical assistance eligibility and the
institutionalized person is ineligible for long-term care services for the
period of time determined under subdivision 2, unless the institutionalized
person furnishes convincing evidence to establish that the transaction was
exclusively for another purpose, or unless the transfer is permitted under
subdivision 3 or 4. In the case of
payments from a trust or portions of a trust that are considered transfers of
assets under federal law, or in the case of any other disposal of assets made
on or after February 8, 2006, any transfers made within 60 months before or any
time after an institutionalized person requests medical assistance payment of
long-term care services and within 60 months before or any time after a medical
assistance recipient becomes an institutionalized person, 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 institutionalized person or the
institutionalized person's spouse is entitled but does not receive due to
action by the institutionalized person, the institutionalized 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
institutionalized person or the institutionalized person's spouse.
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(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 an institutionalized
person, an institutionalized 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 institutionalized person or the
institutionalized person's spouse, transfers to any annuity that exceeds the
value of the benefit likely to be returned to the institutionalized person or
institutionalized person's spouse while alive, based on estimated life
expectancy as determined according to the current actuarial tables published by
the Office of the Chief Actuary of the Social Security Administration. The commissioner may adopt rules reducing
life expectancies based on the need for long-term care. This section applies to an annuity purchased
on or after March 1, 2002, that:
(1) is not purchased
from an insurance company or financial institution that is subject to licensing
or regulation by the Minnesota Department of Commerce or a similar regulatory
agency of another state;
(2) does not pay out
principal and interest in equal monthly installments; or
(3) does not begin
payment at the earliest possible date after annuitization.
(f) Effective for
transactions, including the purchase of an annuity, occurring on or after
February 8, 2006, by or on behalf of an institutionalized person who has
applied for or is receiving long-term care services or the institutionalized
person's spouse shall be treated as the disposal of an asset for less than fair
market value unless the department is named a preferred remainder beneficiary
as described in section 256B.056, subdivision 11. Any subsequent change to the designation of
the department as a preferred remainder beneficiary shall result in the annuity
being treated as a disposal of assets for less than fair market value. The amount of such transfer shall be the
maximum amount the institutionalized person or the institutionalized person's
spouse could receive from the annuity or similar financial instrument. Any change in the amount of the income or
principal being withdrawn from the annuity or other similar financial
instrument at the time of the most recent disclosure shall be deemed to be a
transfer of assets for less than fair market value unless the institutionalized
person or the institutionalized person's spouse demonstrates that the
transaction was for fair market value.
In the event a distribution of income or principal has been improperly
distributed or disbursed from an annuity or other retirement planning
instrument of an institutionalized person or the institutionalized person's
spouse, a cause of action exists against the individual receiving the improper
distribution for the cost of medical assistance services provided or the amount
of the improper distribution, whichever is less.
(g) Effective for
transactions, including the purchase of an annuity, occurring on or after
February 8, 2006, by or on behalf of an institutionalized person applying for
or receiving long-term care services shall be treated as a disposal of assets
for less than fair market value unless it is:
(i) an annuity
described in subsection (b) or (q) of section 408 of the Internal Revenue Code
of 1986; or
(ii) purchased with
proceeds from:
(A) an account or
trust described in subsection (a), (c), or (p) of section 408 of the Internal
Revenue Code;
(B) a simplified
employee pension within the meaning of section 408(k) of the Internal Revenue
Code; or
(C) a Roth IRA
described in section 408A of the Internal Revenue Code; or
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(iii) an annuity that is irrevocable and nonassignable; is
actuarially sound as determined in accordance with actuarial publications of
the Office of the Chief Actuary of the Social Security Administration; and
provides for payments in equal amounts during the term of the annuity, with no
deferral and no balloon payments made.
(h) 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 developmental
disabilities, and home and community-based services provided pursuant to
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 developmental disabilities or who is receiving home and community-based
services under sections 256B.0915, 256B.092, and 256B.49.
(i) This section applies to funds used to purchase a
promissory note, loan, or mortgage unless the note, loan, or mortgage:
(1) has a repayment term that is actuarially sound;
(2) provides for payments to be made in equal amounts during
the term of the loan, with no deferral and no balloon payments made; and
(3) prohibits the cancellation of the balance upon the death
of the lender.
In the case of a promissory note, loan, or mortgage that does
not meet an exception in clauses (1) to (3), the value of such note, loan, or
mortgage shall be the outstanding balance due as of the date of the
institutionalized person's request for medical assistance payment of long-term
care services.
(j) This section applies to the purchase of a life estate
interest in another person's home unless the purchaser resides in the home for
a period of at least one year after the date of purchase.
(k) This section applies to transfers into a pooled trust
that qualifies under United States Code, title 42, section 1396p(d)(4)(C), by:
(1) a person age 65 or older or the person's spouse; or
(2) 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 a person age 65 or older or the person's spouse.
Sec. 22. Minnesota
Statutes 2008, section 256B.0595, subdivision 2, is amended to read:
Subd. 2. Period of ineligibility for long-term
care services. (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 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.
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(b) For uncompensated transfers made after August 10, 1993,
the number of months of ineligibility for 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. 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
first day of the month after 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 on the first day of
the month after the month in which the first uncompensated transfer was
made. If the transfer was reported to
the local agency after the date that advance notice of a period of
ineligibility that affects the next month could be provided to the recipient
and the recipient received medical assistance services or the transfer was not
reported to the local agency, and the applicant or recipient 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 that portion of long-term care services provided during the period of
ineligibility, or for the uncompensated amount of the transfer, whichever is
less. 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. Effective for transfers made on or after
March 1, 1996, involving persons who apply for medical assistance on or after
April 13, 1996, no cause of action exists for a transfer unless:
(1) the transferee knew or should have known that the
transfer was being made by a person who was a resident of a long-term care
facility or was receiving that level of care in the community at the time of
the transfer;
(2) the transferee knew or should have known that the
transfer was being made to assist the person to qualify for or retain medical
assistance eligibility; or
(3) the transferee actively solicited the transfer with
intent to assist the person to qualify for or retain eligibility for medical
assistance.
(c) For uncompensated transfers made on or after February 8,
2006, the period of ineligibility:
(1) for uncompensated transfers by or on behalf of
individuals receiving medical assistance payment of long-term care services,
begins the first day of the month following advance notice of the penalty
period of ineligibility, but no later than the first day of the month
that follows three full calendar months from the date of the report or
discovery of the transfer; or
(2) for uncompensated transfers by individuals requesting
medical assistance payment of long-term care services, begins the date on which
the individual is eligible for medical assistance under the Medicaid state plan
and would otherwise be receiving long-term care services based on an approved
application for such care but for the application of the penalty period
of ineligibility resulting from the uncompensated transfer; and
(3) cannot begin during any other period of ineligibility.
(d) If a calculation of a penalty period of
ineligibility results in a partial month, payments for long-term care
services shall be reduced in an amount equal to the fraction.
(e) In the case of multiple fractional transfers of assets in
more than one month for less than fair market value on or after February 8,
2006, the period of ineligibility is calculated by treating the total,
cumulative, uncompensated value of all assets transferred during all months on
or after February 8, 2006, as one transfer.
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(f) A period of
ineligibility established under paragraph (c) may be eliminated if all of the
assets transferred for less than fair market value used to calculate the period
of ineligibility, or cash equal to the value of the assets at the time of the
transfer, are returned within 12 months after the date the period of
ineligibility began. A period of
ineligibility must not be adjusted if less than the full amount of the
transferred assets or the full cash value of the transferred assets are
returned.
EFFECTIVE DATE.
This section is effective for periods of ineligibility established on
or after January 1, 2011.
Sec. 23. Minnesota Statutes 2008, section 256B.06,
subdivision 4, is amended to read:
Subd. 4. Citizenship
requirements. (a) Eligibility for
medical assistance is limited to citizens of the United States, qualified
noncitizens as defined in this subdivision, and other persons residing lawfully
in the United States. Citizens or
nationals of the United States must cooperate in obtaining satisfactory
documentary evidence of citizenship or nationality according to the
requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.
(b) "Qualified
noncitizen" means a person who meets one of the following immigration
criteria:
(1) admitted for
lawful permanent residence according to United States Code, title 8;
(2) admitted to the
United States as a refugee according to United States Code, title 8, section
1157;
(3) granted asylum
according to United States Code, title 8, section 1158;
(4) granted
withholding of deportation according to United States Code, title 8, section
1253(h);
(5) paroled for a
period of at least one year according to United States Code, title 8, section
1182(d)(5);
(6) granted
conditional entrant status according to United States Code, title 8, section
1153(a)(7);
(7) determined to be
a battered noncitizen by the United States Attorney General according to the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V of
the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
(8) is a child of a
noncitizen determined to be a battered noncitizen by the United States Attorney
General according to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations
Bill, Public Law 104-200; or
(9) determined to be
a Cuban or Haitian entrant as defined in section 501(e) of Public Law 96-422,
the Refugee Education Assistance Act of 1980.
(c) All qualified
noncitizens who were residing in the United States before August 22, 1996, who
otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation.
(d) All qualified
noncitizens who entered the United States on or after August 22, 1996, and who
otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation through November 30,
1996.
Beginning December 1,
1996, qualified noncitizens who entered the United States on or after August
22, 1996, and who otherwise meet the eligibility requirements of this chapter
are eligible for medical assistance with federal participation for five years
if they meet one of the following criteria:
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(i) refugees admitted
to the United States according to United States Code, title 8, section 1157;
(ii) persons granted
asylum according to United States Code, title 8, section 1158;
(iii) persons granted
withholding of deportation according to United States Code, title 8, section
1253(h);
(iv) veterans of the
United States armed forces with an honorable discharge for a reason other than
noncitizen status, their spouses and unmarried minor dependent children; or
(v) persons on active
duty in the United States armed forces, other than for training, their spouses
and unmarried minor dependent children.
Beginning December 1,
1996, qualified noncitizens who do not meet one of the criteria in items (i) to
(v) are eligible for medical assistance without federal financial participation
as described in paragraph (j).
Notwithstanding
paragraph (j), beginning July 1, 2010, children and pregnant women who are
qualified noncitizens, as described in paragraph (b), are eligible for medical
assistance with federal financial participation as provided by the federal
Children's Health Insurance Program Reauthorization Act of 2009, Public Law
111-3.
(e) Noncitizens who
are not qualified noncitizens as defined in paragraph (b), who are lawfully
present in the United States, as defined in Code of Federal Regulations, title
8, section 103.12, and who otherwise meet the eligibility requirements of this
chapter, are eligible for medical assistance under clauses (1) to (3). These individuals must cooperate with the
United States Citizenship and Immigration Services to pursue any applicable
immigration status, including citizenship, that would qualify them for medical
assistance with federal financial participation.
(1) Persons who were
medical assistance recipients on August 22, 1996, are eligible for medical
assistance with federal financial participation through December 31, 1996.
(2) Beginning January
1, 1997, persons described in clause (1) are eligible for medical assistance
without federal financial participation as described in paragraph (j).
(3) Beginning
December 1, 1996, persons residing in the United States prior to August 22,
1996, who were not receiving medical assistance and persons who arrived on or
after August 22, 1996, are eligible for medical assistance without federal financial
participation as described in paragraph (j).
(f) Nonimmigrants who
otherwise meet the eligibility requirements of this chapter are eligible for
the benefits as provided in paragraphs (g) to (i). For purposes of this subdivision, a
"nonimmigrant" is a person in one of the classes listed in United
States Code, title 8, section 1101(a)(15).
(g) Payment shall
also be made for care and services that are furnished to noncitizens,
regardless of immigration status, who otherwise meet the eligibility requirements
of this chapter, if such care and services are necessary for the treatment of
an emergency medical condition, except for organ transplants and related care
and services and routine prenatal care.
(h) For purposes of
this subdivision, the term "emergency medical condition" means a
medical condition that meets the requirements of United States Code, title 42,
section 1396b(v).
(i) Beginning July
1, 2009, pregnant noncitizens who are undocumented, nonimmigrants, or eligible
for medical assistance as described in paragraph (j), lawfully present
as designated in paragraph (e) and who are not covered by a group health
plan or health insurance coverage according to Code of Federal Regulations,
title 42, section 457.310, and who otherwise meet the eligibility requirements
of this chapter, are eligible for medical assistance through the
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period of pregnancy, including
labor and delivery, and 60 days postpartum, to the extent federal funds
are available under title XXI of the Social Security Act, and the state
children's health insurance program, followed by 60 days postpartum without
federal financial participation.
(j) Qualified noncitizens as described in paragraph (d), and
all other noncitizens lawfully residing in the United States as described in
paragraph (e), who are ineligible for medical assistance with federal financial
participation and who otherwise meet the eligibility requirements of chapter
256B and of this paragraph, are eligible for medical assistance without federal
financial participation. Qualified
noncitizens as described in paragraph (d) are only eligible for medical
assistance without federal financial participation for five years from their
date of entry into the United States.
(k) Beginning October 1, 2003, persons who are receiving care
and rehabilitation services from a nonprofit center established to serve victims
of torture and are otherwise ineligible for medical assistance under this
chapter are eligible for medical assistance without federal financial
participation. These individuals are
eligible only for the period during which they are receiving services from the
center. Individuals eligible under this
paragraph shall not be required to participate in prepaid medical assistance.
EFFECTIVE DATE.
This section is effective July 1, 2009.
Sec. 24. Minnesota
Statutes 2008, section 256B.06, subdivision 5, is amended to read:
Subd. 5. Deeming of sponsor income and resources. When determining eligibility for any federal
or state funded medical assistance under this section, the income and resources
of all noncitizens shall be deemed to include their sponsors' income and
resources as required under the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422,
and subsequently set out in federal rules.
This section is effective May 1, 1997.
Beginning July 1, 2010, sponsor deeming does not apply to pregnant
women and children who are qualified noncitizens, as described in section
256B.06, subdivision 4, paragraph (b).
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 25. Minnesota
Statutes 2008, section 256B.0625, subdivision 3, is amended to read:
Subd. 3. Physicians' services. (a) Medical assistance covers
physicians' services.
(b)
Rates paid for anesthesiology services provided by physicians shall be
according to the formula utilized in the Medicare program and shall use a
conversion factor "at percentile of calendar year set by legislature.,"
except that rates paid to physicians for the medical direction of a certified registered
nurse anesthetist shall be the same as the rate paid to the certified
registered nurse anesthetist under medical direction.
Sec. 26. Minnesota
Statutes 2008, section 256B.0625, subdivision 3c, is amended to read:
Subd. 3c. Health Services Policy Committee. (a) The commissioner, after receiving
recommendations from professional physician associations, professional
associations representing licensed nonphysician health care professionals, and
consumer groups, shall establish a 13-member Health Services Policy Committee,
which consists of 12 voting members and one nonvoting member. The Health Services Policy Committee shall
advise the commissioner regarding health services pertaining to the
administration of health care benefits covered under the medical assistance,
general assistance medical care, and MinnesotaCare programs. The Health Services Policy Committee shall
meet at least quarterly. The Health
Services Policy Committee shall annually elect a physician chair from among its
members, who shall work directly with the commissioner's medical director, to
establish the agenda for each meeting.
The Health Services Policy Committee shall also recommend criteria for
verifying centers of excellence for specific aspects of medical care where a specific
set of combined services, a volume of patients necessary to maintain a high
level of competency, or a specific level of technical capacity is associated
with improved health outcomes.
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(b) The commissioner shall establish a dental subcommittee to
operate under the Health Services Policy Committee. The dental subcommittee consists of general
dentists, dental specialists, safety net providers, dental hygienists, health
plan company and county and public health representatives, health researchers,
consumers, and a designee of the commissioner of health. The dental subcommittee shall advise the
commissioner regarding:
(1) the critical access dental program under section 256B.76,
subdivision 4, including but not limited to criteria for designating and
terminating critical access dental providers;
(2) any changes to the critical access dental provider program
necessary to comply with program expenditure limits;
(3) dental coverage policy based on evidence, quality,
continuity of care, and best practices;
(4) the development of dental delivery models; and
(5) dental services to be added or eliminated from
subdivision 9, paragraph (b).
(c) The Health Services Policy Committee shall study
approaches to making provider reimbursement under the medical assistance,
MinnesotaCare, and general assistance medical care programs contingent on
patient participation in a patient-centered decision-making process, and shall
evaluate the impact of these approaches on health care quality, patient
satisfaction, and health care costs. The
committee shall present findings and recommendations to the commissioner and
the legislative committees with jurisdiction over health care by January 15,
2010.
(d) The Health Services Policy Committee shall monitor and
track the practice patterns of physicians providing services to medical
assistance, MinnesotaCare, and general assistance medical care enrollees under
fee-for-service, managed care, and county-based purchasing. The committee shall focus on services or
specialties for which there is a high variation in utilization across
physicians, or which are associated with high medical costs. The commissioner, based upon the findings of
the committee, shall regularly notify physicians whose practice patterns
indicate higher than average utilization or costs. Managed care and county-based purchasing
plans shall provide the committee with utilization and cost data necessary to
implement this paragraph.
(e) The Health Services Policy Committee shall review
caesarean section rates for the fee-for-service medical assistance
population. The committee may develop
best practices policies related to the minimization of caesarean sections,
including but not limited to standards and guidelines for health care providers
and health care facilities.
Sec. 27. Minnesota
Statutes 2008, section 256B.0625, subdivision 9, is amended to read:
Subd. 9. Dental services. (a) Medical assistance covers dental
services. Dental services include,
with prior authorization, fixed bridges that are cost-effective for persons who
cannot use removable dentures because of their medical condition.
(b) Medical assistance dental coverage for nonpregnant adults
is limited to the following services:
(1) comprehensive exams, limited to once every five years;
(2) periodic exams, limited to one per year;
(3) limited exams;
(4) bitewing x-rays, limited to one per year;
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(5) periapical x-rays;
(6) panoramic x-rays, limited to one every five years, and
only if provided in conjunction with a posterior extraction or scheduled
outpatient facility procedure, or as medically necessary for the diagnosis and
follow-up of oral and maxillofacial pathology and trauma. Panoramic x-rays may be taken once every two
years for patients who cannot cooperate for intraoral film due to a
developmental disability or medical condition that does not allow for intraoral
film placement;
(7) prophylaxis, limited to one per year;
(8) application of fluoride varnish, limited to one per year;
(9) posterior fillings, all at the amalgam rate;
(10) anterior fillings;
(11) endodontics, limited to root canals on the anterior and
premolars only;
(12) removable prostheses, each dental arch limited to one every
six years;
(13) oral surgery, limited to extractions, biopsies, and
incision and drainage of abscesses;
(14) palliative treatment and sedative fillings for relief of
pain; and
(15) full-mouth debridement, limited to one every five years.
(c) In addition to the services specified in paragraph (b),
medical assistance covers the following services for adults, if provided in an
outpatient hospital setting or freestanding ambulatory surgical center as part
of outpatient dental surgery:
(1) periodontics, limited to periodontal scaling and root
planing once every two years;
(2) general anesthesia; and
(3) full-mouth survey once every five years.
(d) Medical assistance covers dental services for children
that are medically necessary. The following
guidelines apply:
(1) posterior fillings are paid at the amalgam rate;
(2) application of sealants once every five years per
permanent molar; and
(3) application of fluoride varnish once every six months.
EFFECTIVE DATE.
This section is effective January 1, 2010.
Sec. 28. Minnesota
Statutes 2008, section 256B.0625, subdivision 11, is amended to read:
Subd. 11. Nurse anesthetist services. Medical assistance covers nurse anesthetist
services. Rates paid for anesthesiology
services provided by a certified registered nurse anesthetists anesthetist
under the direction of a physician shall be according to the formula
utilized in the Medicare program and shall use the conversion factor that is
used by the Medicare program. Rates
paid for anesthesiology services provided by a certified registered nurse
anesthetist who is not directed by a physician shall be the same rate as paid
under subdivision 3, paragraph (b).
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Sec. 29. Minnesota
Statutes 2008, section 256B.0625, subdivision 13, is amended to read:
Subd. 13. Drugs. (a) Medical assistance covers drugs, except
for fertility drugs when specifically used to enhance fertility, if prescribed
by a licensed practitioner and dispensed by a licensed pharmacist, by a
physician enrolled in the medical assistance program as a dispensing physician,
or by a physician, physician assistant, 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.
(b) The dispensed quantity of a prescription drug must not
exceed a 34-day supply, unless authorized by the commissioner.
(c) Medical assistance covers the following over-the-counter
drugs when prescribed by a licensed practitioner or by a licensed pharmacist
who meets standards established by the commissioner, in consultation with the
board of pharmacy: antacids,
acetaminophen, family planning products, aspirin, insulin, products for the
treatment of lice, vitamins for adults with documented vitamin deficiencies,
vitamins for children under the age of seven and pregnant or nursing women, and
any other over-the-counter drug identified by the commissioner, in consultation
with the 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. A pharmacist may prescribe
over-the-counter medications as provided under this paragraph for purposes of
receiving reimbursement under Medicaid.
When prescribing over-the-counter drugs under this paragraph, licensed
pharmacists must consult with the recipient to determine necessity, provide
drug counseling, review drug therapy for potential adverse interactions, and
make referrals as needed to other health care professionals.
(d) Effective January 1, 2006, medical assistance shall not
cover drugs that are coverable under Medicare Part D as defined in the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003, Public Law
108-173, section 1860D-2(e), for individuals eligible for drug coverage as
defined in the Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, Public Law 108-173, section 1860D-1(a)(3)(A). For these individuals, medical assistance may
cover drugs from the drug classes listed in United States Code, title 42,
section 1396r-8(d)(2), subject to this subdivision and subdivisions 13a to 13g,
except that drugs listed in United States Code, title 42, section
1396r-8(d)(2)(E), shall not be covered.
Sec. 30. Minnesota
Statutes 2008, section 256B.0625, subdivision 13e, is amended to read:
Subd. 13e. Payment rates. (a) The basis for determining the amount of
payment shall be the lower of the actual acquisition costs of the drugs plus a
fixed dispensing fee; 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 amount of payment basis must be reduced to reflect all discount
amounts applied to the charge by any provider/insurer agreement or contract for
submitted charges to medical assistance programs. The net submitted charge may not be greater
than the patient liability for the service.
The pharmacy dispensing fee shall be $3.65, except that the dispensing
fee for intravenous solutions which must be compounded by the pharmacist shall
be $8 per bag, $14 per bag for cancer chemotherapy products, and $30 per bag
for total parenteral nutritional products dispensed in one liter quantities, or
$44 per bag for total parenteral nutritional products dispensed in quantities
greater than one liter. Actual
acquisition cost includes quantity and other special discounts except time and
cash discounts. Effective July 1, 2008
2009, the actual acquisition cost of a drug shall be estimated by the
commissioner, at average wholesale price minus 14 15 percent. The actual acquisition cost of antihemophilic
factor drugs shall be estimated at the average wholesale price minus 30
percent. 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.
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(b) 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.
(c) Whenever a
generically equivalent product is available, payment shall be on the basis of
the actual acquisition cost of the generic drug, or on the maximum allowable
cost established by the commissioner.
(d) The basis for
determining the amount of payment for drugs administered in an outpatient
setting shall be the lower of the usual and customary cost submitted by the
provider or the amount established for Medicare by the United States Department
of Health and Human Services pursuant to title XVIII, section 1847a of the
federal Social Security Act.
(e) The commissioner
may negotiate lower reimbursement rates for specialty pharmacy products than
the rates specified in paragraph (a).
The commissioner may require individuals enrolled in the health care
programs administered by the department to obtain specialty pharmacy products
from providers with whom the commissioner has negotiated lower reimbursement
rates. Specialty pharmacy products are
defined as those used by a small number of recipients or recipients with
complex and chronic diseases that require expensive and challenging drug regimens.
Examples of these conditions include, but are not limited to: multiple sclerosis, HIV/AIDS,
transplantation, hepatitis C, growth hormone deficiency, Crohn's
Disease, rheumatoid arthritis, and certain forms of cancer. Specialty pharmaceutical products include
injectable and infusion therapies, biotechnology drugs, high-cost therapies,
and therapies that require complex care.
The commissioner shall consult with the formulary committee to develop a
list of specialty pharmacy products subject to this paragraph. In consulting with the formulary committee in
developing this list, the commissioner shall take into consideration the
population served by specialty pharmacy products, the current delivery system
and standard of care in the state, and access to care issues. The commissioner shall have the discretion to
adjust the reimbursement rate to prevent access to care issues.
Sec. 31. Minnesota Statutes 2008, section 256B.0625,
subdivision 13h, is amended to read:
Subd. 13h. Medication
therapy management services. (a)
Medical assistance and general assistance medical care cover medication therapy
management services for a recipient taking four or more prescriptions to treat
or prevent two or more chronic medical conditions, or a recipient with a drug
therapy problem that is identified or prior authorized by the commissioner that
has resulted or is likely to result in significant nondrug program costs. The commissioner may cover medical therapy
management services under MinnesotaCare if the commissioner determines this is
cost-effective. For purposes of this
subdivision, "medication therapy management" means the provision of
the following pharmaceutical care services by a licensed pharmacist to optimize
the therapeutic outcomes of the patient's medications:
(1) performing or
obtaining necessary assessments of the patient's health status;
(2) formulating a
medication treatment plan;
(3) monitoring and
evaluating the patient's response to therapy, including safety and
effectiveness;
(4) performing a
comprehensive medication review to identify, resolve, and prevent
medication-related problems, including adverse drug events;
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(5) documenting the
care delivered and communicating essential information to the patient's other
primary care providers;
(6) providing verbal
education and training designed to enhance patient understanding and
appropriate use of the patient's medications;
(7) providing
information, support services, and resources designed to enhance patient
adherence with the patient's therapeutic regimens; and
(8) coordinating and
integrating medication therapy management services within the broader health
care management services being provided to the patient.
Nothing in this subdivision shall be
construed to expand or modify the scope of practice of the pharmacist as
defined in section 151.01, subdivision 27.
(b) To be eligible
for reimbursement for services under this subdivision, a pharmacist must meet
the following requirements:
(1) have a valid
license issued under chapter 151;
(2) have graduated
from an accredited college of pharmacy on or after May 1996, or completed a
structured and comprehensive education program approved by the Board of
Pharmacy and the American Council of Pharmaceutical Education for the provision
and documentation of pharmaceutical care management services that has both
clinical and didactic elements;
(3) be practicing in
an ambulatory care setting as part of a multidisciplinary team or have developed
a structured patient care process that is offered in a private or semiprivate
patient care area that is separate from the commercial business that also
occurs in the setting, or in home settings, excluding long-term care and group
homes, if the service is ordered by the provider-directed care coordination
team; and
(4) make use of an
electronic patient record system that meets state standards.
(c) For purposes of
reimbursement for medication therapy management services, the commissioner may
enroll individual pharmacists as medical assistance and general assistance
medical care providers. The commissioner
may also establish contact requirements between the pharmacist and recipient,
including limiting the number of reimbursable consultations per recipient.
(d) The
commissioner, after receiving recommendations from professional medical
associations, professional pharmacy associations, and consumer groups, shall
convene an 11-member Medication Therapy Management Advisory Committee to advise
the commissioner on the implementation and administration of medication therapy
management services. The committee shall
be comprised of: two licensed
physicians; two licensed pharmacists; two consumer representatives; two health
plan company representatives; and three members with expertise in the area of
medication therapy management, who may be licensed physicians or licensed
pharmacists. The committee is governed
by section 15.059, except that committee members do not receive compensation or
reimbursement for expenses. The advisory
committee expires on June 30, 2007.
(e) The
commissioner shall evaluate the effect of medication therapy management on
quality of care, patient outcomes, and program costs, and shall include a
description of any savings generated in the medical assistance and general
assistance medical care programs that can be attributable to this
coverage. The evaluation shall be
submitted to the legislature by December 15, 2007. The commissioner may contract with a vendor
or an academic institution that has expertise in evaluating health care
outcomes for the purpose of completing the evaluation.
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(d) The commissioner shall establish a pilot project for an
intensive medication therapy management program for patients identified by the
commissioner with multiple chronic conditions and a high number of medications who
are at high risk of preventable hospitalizations, emergency room use,
medication complications, and suboptimal treatment outcomes due to
medication-related problems. For
purposes of the pilot project, medication therapy management services may be
provided in a patient's home or community setting, in addition to other
authorized settings. The commissioner
may waive existing payment policies and establish special payment rates for the
pilot project. The pilot project must be
designed to produce a net savings to the state compared to the estimated costs
that would otherwise be incurred for similar patients without the program.
Sec. 32. Minnesota
Statutes 2008, section 256B.0625, subdivision 17, is amended to read:
Subd. 17. Transportation costs. (a) Medical assistance covers medical transportation
costs incurred solely for obtaining emergency medical care or transportation
costs incurred by eligible persons in obtaining emergency or nonemergency
medical care when paid directly to an ambulance company, common carrier, or
other recognized providers of transportation services. Medical transportation must be provided
by:
(1) an ambulance, as defined in section 144E.001, subdivision
2;
(2) special transportation; or
(3) common carrier including, but not limited to, bus,
taxicab, other commercial carrier, or private automobile.
(b) Medical assistance covers special transportation, as
defined in Minnesota Rules, part 9505.0315, subpart 1, item F, if the recipient
has a physical or mental impairment that would prohibit the recipient from
safely accessing and using a bus, taxi, other commercial transportation, or
private automobile.
The
commissioner may use an order by the recipient's attending physician to certify
that the recipient requires special transportation services. Special transportation includes
providers shall perform driver-assisted service to services for
eligible individuals. Driver-assisted
service includes passenger pickup at and return to the individual's residence
or place of business, assistance with admittance of the individual to the
medical facility, and assistance in passenger securement or in securing of
wheelchairs or stretchers in the vehicle.
Special transportation providers must obtain written documentation from
the health care service provider who is serving the recipient being
transported, identifying the time that the recipient arrived. Special transportation providers may not bill
for separate base rates for the continuation of a trip beyond the original
destination. Special transportation
providers must take recipients to the nearest appropriate health care provider,
using the most direct route available.
The maximum minimum medical assistance reimbursement rates
for special transportation services are:
(1) (i) $17 for the base rate and $1.35 per mile for special
transportation services to eligible persons who need a
wheelchair-accessible van;
(2) (ii) $11.50
for the base rate and $1.30 per mile for special transportation services
to eligible persons who do not need a wheelchair-accessible van; and
(3) (iii) $60 for
the base rate and $2.40 per mile, and an attendant rate of $9 per trip, for special
transportation services to eligible persons who need a stretcher-accessible
vehicle;
(2) the base rates for special transportation services in
areas defined under RUCA to be super rural shall be equal to the reimbursement
rate established in clause (1) plus 11.3 percent; and
(3) for special transportation services in areas defined
under RUCA to be rural or super rural areas:
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(i) for a trip
equal to 17 miles or less, mileage reimbursement shall be equal to 125 percent
of the respective mileage rate in clause (1); and
(ii) for a trip
between 18 and 50 miles, mileage reimbursement shall be equal to 112.5 percent
of the respective mileage rate in clause (1).
(c) For purposes
of reimbursement rates for special transportation services under paragraph (b),
the zip code of the recipient's place of residence shall determine whether the
urban, rural, or super rural reimbursement rate applies.
(d) For purposes
of this subdivision, "rural urban commuting area" or "RUCA"
means a census-tract based classification system under which a geographical
area is determined to be urban, rural, or super rural.
Sec. 33. Minnesota Statutes 2008, section 256B.0625,
subdivision 17a, is amended to read:
Subd. 17a. Payment
for ambulance services. Medical assistance
covers ambulance services. Providers
shall bill ambulance services according to Medicare criteria. Nonemergency ambulance services shall not be
paid as emergencies. Effective for
services rendered on or after July 1, 2001, medical assistance payments for
ambulance services shall be paid at the Medicare reimbursement rate or at the
medical assistance payment rate in effect on July 1, 2000, whichever is
greater.
Sec. 34. Minnesota Statutes 2008, section 256B.0625,
is amended by adding a subdivision to read:
Subd. 18b. Broker dispatching prohibition. The commissioner shall not use a broker or
coordinator for any purpose related to transportation services under
subdivision 18.
Sec. 35. Minnesota Statutes 2008, section 256B.0625,
is amended by adding a subdivision to read:
Subd. 25a. Prior authorization of diagnostic
imaging services. (a)
Effective January 1, 2010, the commissioner shall require prior authorization
or decision support for the ordering providers at the time the service is
ordered for the following outpatient diagnostic imaging services: computerized tomography (CT), magnetic
resonance imaging (MRI), magnetic resonance angiography (MRA), positive
emission tomography (PET), cardiac imaging and ultrasound diagnostic imaging.
(b) Prior
authorization under this subdivision is not required for diagnostic imaging
services performed as part of a hospital emergency room visit, inpatient
hospitalization, or if concurrent with or on the same day as an urgent care
facility visit.
(c) This
subdivision does not apply to services provided to recipients who are enrolled
in Medicare, the prepaid medical assistance program, the prepaid general
assistance medical care program, or the MinnesotaCare program.
(d) The
commissioner may contract with a private entity to provide the prior
authorization or decision support required under this subdivision. The contracting entity must incorporate
clinical guidelines that are based on evidence-based medical literature, if
available. By January 1, 2012, the
contracting entity shall report to the commissioner the results of prior
authorization or decision support.
Sec. 36. Minnesota Statutes 2008, section 256B.0625,
subdivision 26, is amended to read:
Subd. 26. Special
education services. (a) Medical
assistance covers medical services identified in a recipient's individualized
education plan and covered under the medical assistance state plan. Covered services include occupational
therapy, physical therapy, speech-language therapy, clinical psychological
services, nursing services, school psychological services, school social work
services, personal care assistants serving as management aides,
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assistive technology
devices, transportation services, health assessments, and other services
covered under the medical assistance state plan. Mental health services eligible for medical
assistance reimbursement must be provided or coordinated through a children's
mental health collaborative where a collaborative exists if the child is
included in the collaborative operational target population. The provision or coordination of services
does not require that the individual education plan be developed by the
collaborative.
The services may be
provided by a Minnesota school district that is enrolled as a medical
assistance provider or its subcontractor, and only if the services meet all the
requirements otherwise applicable if the service had been provided by a
provider other than a school district, in the following areas: medical necessity, physician's orders,
documentation, personnel qualifications, and prior authorization
requirements. The nonfederal share of
costs for services provided under this subdivision is the responsibility of the
local school district as provided in section 125A.74. Services listed in a child's individual
education plan are eligible for medical assistance reimbursement only if those
services meet criteria for federal financial participation under the Medicaid
program.
(b) Approval of
health-related services for inclusion in the individual education plan does not
require prior authorization for purposes of reimbursement under this
chapter. The commissioner may require
physician review and approval of the plan not more than once annually or upon
any modification of the individual education plan that reflects a change in
health-related services.
(c) Services of a
speech-language pathologist provided under this section are covered
notwithstanding Minnesota Rules, part 9505.0390, subpart 1, item L, if the
person:
(1) holds a masters
degree in speech-language pathology;
(2) is licensed by
the Minnesota Board of Teaching as an educational speech-language pathologist;
and
(3) either has a
certificate of clinical competence from the American Speech and Hearing
Association, has completed the equivalent educational requirements and work
experience necessary for the certificate or has completed the academic program
and is acquiring supervised work experience to qualify for the certificate.
(d) Medical
assistance coverage for medically necessary services provided under other
subdivisions in this section may not be denied solely on the basis that the
same or similar services are covered under this subdivision.
(e) The commissioner
shall develop and implement package rates, bundled rates, or per diem rates for
special education services under which separately covered services are grouped
together and billed as a unit in order to reduce administrative complexity.
(f) The commissioner
shall develop a cost-based payment structure for payment of these services. The commissioner shall reimburse claims
submitted based on an interim rate, and shall settle at a final rate once the
department has determined it. The
commissioner shall notify the school district of the final rate. The school district has 60 days to appeal the
final rate. To appeal the final rate,
the school district shall file a written appeal request to the commissioner
within 60 days of the date the final rate determination was mailed. The appeal request shall specify (1) the
disputed items and (2) the name and address of the person to contact regarding
the appeal.
(g) Effective July 1,
2000, medical assistance services provided under an individual education plan
or an individual family service plan by local school districts shall not count
against medical assistance authorization thresholds for that child.
(h) Nursing services
as defined in section 148.171, subdivision 15, and provided as an individual
education plan health-related service, are eligible for medical assistance
payment if they are otherwise a covered service under the medical assistance
program. Medical assistance covers the
administration of prescription medications by a licensed
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nurse who is employed
by or under contract with a school district when the administration of
medications is identified in the child's individualized education plan. The simple administration of medications alone
is not covered under medical assistance when administered by a provider other
than a school district or when it is not identified in the child's
individualized education plan.
Sec. 37. Minnesota
Statutes 2008, section 256B.08, is amended by adding a subdivision to read:
Subd. 4. Data from Social Security.
The commissioner shall accept data from the Social Security
Administration in accordance with United States Code, title 42, section
1396U-5(a).
EFFECTIVE DATE.
This section is effective January 1, 2010.
Sec. 38. Minnesota
Statutes 2008, section 256B.15, subdivision 1, is amended to read:
Subdivision 1. Policy and applicability. (a) It is the policy of this state that individuals
or couples, either or both of whom participate in the medical assistance
program, use their own assets to pay their share of the total cost of their
care during or after their enrollment in the program according to applicable
federal law and the laws of this state.
The following provisions apply:
(1) subdivisions 1c to 1k shall not apply to claims arising
under this section which are presented under section 525.313;
(2) the provisions of subdivisions 1c to 1k expanding the
interests included in an estate for purposes of recovery under this section
give effect to the provisions of United States Code, title 42, section 1396p,
governing recoveries, but do not give rise to any express or implied liens in
favor of any other parties not named in these provisions;
(3) the continuation of a recipient's life estate or joint
tenancy interest in real property after the recipient's death for the purpose
of recovering medical assistance under this section modifies common law
principles holding that these interests terminate on the death of the holder;
(4) all laws, rules, and regulations governing or involved
with a recovery of medical assistance shall be liberally construed to
accomplish their intended purposes;
(5) a deceased recipient's life estate and joint tenancy
interests continued under this section shall be owned by the remaindermen or
surviving joint tenants as their interests may appear on the date of the
recipient's death. They shall not be
merged into the remainder interest or the interests of the surviving joint
tenants by reason of ownership. They
shall be subject to the provisions of this section. Any conveyance, transfer, sale, assignment,
or encumbrance by a remainderman, a surviving joint tenant, or their heirs,
successors, and assigns shall be deemed to include all of their interest in the
deceased recipient's life estate or joint tenancy interest continued under this
section; and
(6) the provisions of subdivisions 1c to 1k continuing a
recipient's joint tenancy interests in real property after the recipient's
death do not apply to a homestead owned of record, on the date the recipient
dies, by the recipient and the recipient's spouse as joint tenants with a right
of survivorship. Homestead means the
real property occupied by the surviving joint tenant spouse as their sole
residence on the date the recipient dies and classified and taxed to the
recipient and surviving joint tenant spouse as homestead property for property
tax purposes in the calendar year in which the recipient dies. For purposes of this exemption, real property
the recipient and their surviving joint tenant spouse purchase solely with the
proceeds from the sale of their prior homestead, own of record as joint
tenants, and qualify as homestead property under section 273.124 in the
calendar year in which the recipient dies and prior to the recipient's death
shall be deemed to be real property classified and taxed to the recipient and
their surviving joint tenant spouse as homestead property in the calendar year
in which the recipient dies. The
surviving spouse, or any person with personal knowledge of the facts, may
provide an affidavit describing the homestead property affected by this clause
and stating facts showing compliance with this clause. The affidavit shall be prima facie evidence
of the facts it states.
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(b) For purposes of this section, "medical
assistance" includes the medical assistance program under this chapter and
the general assistance medical care program under chapter 256D and alternative
care for nonmedical assistance recipients under section 256B.0913.
(c) For purposes of this section, beginning January 1,
2010, "medical assistance" does not include Medicare cost-sharing
benefits in accordance with United States Code, title 42, section 1396p.
(d) All
provisions in this subdivision, and subdivisions 1d, 1f, 1g, 1h, 1i, and 1j, related
to the continuation of a recipient's life estate or joint tenancy interests in
real property after the recipient's death for the purpose of recovering medical
assistance, are effective only for life estates and joint tenancy interests
established on or after August 1, 2003.
For purposes of this paragraph, medical assistance does not include
alternative care.
Sec. 39. Minnesota
Statutes 2008, section 256B.15, subdivision 1a, is amended to read:
Subd. 1a. Estates subject to claims. (a) 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, or as otherwise provided for in this section, 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 or to issue a decree of
descent according to sections 525.31 to 525.313.
(b) For the purposes of this section, the person's estate must
consist of:
(1) the person's probate estate;
(2) all of the person's interests or proceeds of those
interests in real property the person owned as a life tenant or as a joint
tenant with a right of survivorship at the time of the person's death;
(3) all of the person's interests or proceeds of those
interests in securities the person owned in beneficiary form as provided under
sections 524.6-301 to 524.6-311 at the time of the person's death, to the
extent the interests or proceeds of those interests become part of the probate
estate under section 524.6-307;
(4) all of the person's interests in joint accounts,
multiple-party accounts, and pay-on-death accounts, brokerage accounts,
investment accounts, or the proceeds of those accounts, as provided under
sections 524.6-201 to 524.6-214 at the time of the person's death to the extent
the interests become part of the probate estate under section 524.6-207; and
(5) assets conveyed to a survivor, heir, or assign of the
person through survivorship, living trust, or other arrangements.
(c) For the purpose of this section and recovery in a
surviving spouse's estate for medical assistance paid for a predeceased spouse,
the estate must consist of all of the legal title and interests the deceased
individual's predeceased spouse had in jointly owned or marital property at the
time of the spouse's death, as defined in subdivision 2b, and the proceeds of
those interests, that passed to the deceased individual or another individual,
a survivor, an heir, or an assign of the predeceased spouse through a joint
tenancy, tenancy in common, survivorship, life estate, living trust, or other
arrangement. A deceased recipient who,
at death, owned the property jointly with the surviving spouse shall have an
interest in the entire property.
(d) For the purpose of recovery in a single person's estate or
the estate of a survivor of a married couple, "other arrangement"
includes any other means by which title to all or any part of the jointly owned
or marital property or interest passed from the predeceased spouse to another
including, but not limited to, transfers between spouses which are permitted,
prohibited, or penalized for purposes of medical assistance.
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(e) A claim shall be filed if medical assistance was
rendered for either or both persons under one of the following circumstances:
(a) (1) the
person was over 55 years of age, and received services under this chapter;
(b) (2) the
person resided in a medical institution for six months or longer, received services
under this chapter, 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 developmental disabilities, nursing facility, or
inpatient hospital; or
(c) (3) the
person received general assistance medical care services under chapter 256D.
(f) The claim shall be considered an expense of the last
illness of the decedent for the purpose of section 524.3-805. Notwithstanding any law or rule to the
contrary, a state or county agency with a claim under this section must be a
creditor under section 524.6-307. 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. Counties are entitled to ten percent of the
collections for alternative care directly attributable to county effort.
Sec. 40. Minnesota Statutes 2008, section 256B.15,
subdivision 1h, is amended to read:
Subd. 1h. Estates
of specific persons receiving medical assistance. (a) For purposes of this section, paragraphs
(b) to (k) (j) apply if a person received medical assistance for
which a claim may be filed under this section and died single, or the surviving
spouse of the couple and was not survived by any of the persons described in
subdivisions 3 and 4.
(b) For purposes
of this section, the person's estate consists of: (1) the person's probate
estate; (2) all of the person's interests or proceeds of those interests in
real property the person owned as a life tenant or as a joint tenant with a
right of survivorship at the time of the person's death; (3) all of the
person's interests or proceeds of those interests in securities the person
owned in beneficiary form as provided under sections 524.6-301 to 524.6-311 at
the time of the person's death, to the extent they become part of the probate
estate under section 524.6-307; (4) all of the person's interests in joint
accounts, multiple party accounts, and pay on death accounts, or the proceeds
of those accounts, as provided under sections 524.6-201 to 524.6-214 at the
time of the person's death to the extent they become part of the probate estate
under section 524.6-207; and (5) the person's legal title or interest at the
time of the person's death in real property transferred under a transfer on
death deed under section 507.071, or in the proceeds from the subsequent sale
of the person's interest in the real property.
Notwithstanding any law or rule to the contrary, a state or county
agency with a claim under this section shall be a creditor under section
524.6-307.
(c) (b)
Notwithstanding any law or rule to the contrary, the person's life estate or
joint tenancy interest in real property not subject to a medical assistance
lien under sections 514.980 to 514.985 on the date of the person's death shall
not end upon the person's death and shall continue as provided in this
subdivision. The life estate in the
person's estate shall be that portion of the interest in the real property
subject to the life estate that is equal to the life estate percentage factor
for the life estate as listed in the Life Estate Mortality Table of the health
care program's manual for a person who was the age of the medical assistance
recipient on the date of the person's death.
The joint
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tenancy interest in
real property in the estate shall be equal to the fractional interest the
person would have owned in the jointly held interest in the property had they
and the other owners held title to the property as tenants in common on the
date the person died.
(d) (c) The court
upon its own motion, or upon motion by the personal representative or any
interested party, may enter an order directing the remaindermen or surviving
joint tenants and their spouses, if any, to sign all documents, take all
actions, and otherwise fully cooperate with the personal representative and the
court to liquidate the decedent's life estate or joint tenancy interests in the
estate and deliver the cash or the proceeds of those interests to the personal
representative and provide for any legal and equitable sanctions as the court
deems appropriate to enforce and carry out the order, including an award of
reasonable attorney fees.
(e) (d) The personal
representative may make, execute, and deliver any conveyances or other
documents necessary to convey the decedent's life estate or joint tenancy
interest in the estate that are necessary to liquidate and reduce to cash the
decedent's interest or for any other purposes.
(f) (e) Subject to
administration, all costs, including reasonable attorney fees, directly and
immediately related to liquidating the decedent's life estate or joint tenancy
interest in the decedent's estate, shall be paid from the gross proceeds of the
liquidation allocable to the decedent's interest and the net proceeds shall be
turned over to the personal representative and applied to payment of the claim
presented under this section.
(g) (f) The
personal representative shall bring a motion in the district court in which the
estate is being probated to compel the remaindermen or surviving joint tenants
to account for and deliver to the personal representative all or any part of
the proceeds of any sale, mortgage, transfer, conveyance, or any disposition of
real property allocable to the decedent's life estate or joint tenancy interest
in the decedent's estate, and do everything necessary to liquidate and reduce
to cash the decedent's interest and turn the proceeds of the sale or other
disposition over to the personal representative. The court may grant any legal or equitable
relief including, but not limited to, ordering a partition of real estate under
chapter 558 necessary to make the value of the decedent's life estate or joint
tenancy interest available to the estate for payment of a claim under this
section.
(h) (g) Subject to
administration, the personal representative shall use all of the cash or
proceeds of interests to pay an allowable claim under this section. The remaindermen or surviving joint tenants
and their spouses, if any, may enter into a written agreement with the personal
representative or the claimant to settle and satisfy obligations imposed at any
time before or after a claim is filed.
(i) (h) The personal
representative may, at their discretion, provide any or all of the other
owners, remaindermen, or surviving joint tenants with an affidavit terminating
the decedent's estate's interest in real property the decedent owned as a life
tenant or as a joint tenant with others, if the personal representative
determines in good faith that neither the decedent nor any of the decedent's
predeceased spouses received any medical assistance for which a claim could be
filed under this section, or if the personal representative has filed an
affidavit with the court that the estate has other assets sufficient to pay a
claim, as presented, or if there is a written agreement under paragraph (h)
(g), or if the claim, as allowed, has been paid in full or to the full
extent of the assets the estate has available to pay it. The affidavit may be recorded in the office
of the county recorder or filed in the Office of the Registrar of Titles for
the county in which the real property is located. Except as provided in section 514.981,
subdivision 6, when recorded or filed, the affidavit shall terminate the
decedent's interest in real estate the decedent owned as a life tenant or a
joint tenant with others. The affidavit
shall:
(1) be signed by the personal representative;
(2) identify the decedent and the interest being terminated;
(3) give recording information sufficient to identify the
instrument that created the interest in real property being terminated;
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(4) legally describe the affected real property;
(5) state that the personal representative has determined
that neither the decedent nor any of the decedent's predeceased spouses
received any medical assistance for which a claim could be filed under this
section;
(6) state that the decedent's estate has other assets
sufficient to pay the claim, as presented, or that there is a written agreement
between the personal representative and the claimant and the other owners or
remaindermen or other joint tenants to satisfy the obligations imposed under
this subdivision; and
(7) state that the affidavit is being given to terminate the
estate's interest under this subdivision, and any other contents as may be
appropriate.
The
recorder or registrar of titles shall accept the affidavit for recording or
filing. The affidavit shall be effective
as provided in this section and shall constitute notice even if it does not
include recording information sufficient to identify the instrument creating
the interest it terminates. The
affidavit shall be conclusive evidence of the stated facts.
(j) (i) The
holder of a lien arising under subdivision 1c shall release the lien at the
holder's expense against an interest terminated under paragraph (h)
(g) to the extent of the termination.
(k) (j) If a lien
arising under subdivision 1c is not released under paragraph (j) (i),
prior to closing the estate, the personal representative shall deed the
interest subject to the lien to the remaindermen or surviving joint tenants as
their interests may appear. Upon
recording or filing, the deed shall work a merger of the recipient's life estate
or joint tenancy interest, subject to the lien, into the remainder interest or
interest the decedent and others owned jointly.
The lien shall attach to and run with the property to the extent of the
decedent's interest at the time of the decedent's death.
Sec. 41. Minnesota
Statutes 2008, 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 55 or during a period of
institutionalization described in subdivision 1a, clause (b)
paragraph (e), 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,
shall be payable from the full value of all of the predeceased spouse's assets
and interests which are part of the surviving spouse's estate under
subdivisions 1a and 2b. Recovery of
medical assistance expenses in the nonrecipient surviving spouse's estate
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. The claim is not payable from the value of
assets or proceeds of assets in the estate attributable to a predeceased spouse
whom the individual married after the death of the predeceased recipient spouse
for whom the claim is filed or from assets and the proceeds of assets in the
estate which the nonrecipient decedent spouse acquired with assets which were
not marital property or jointly owned property after the death of the
predeceased recipient spouse. Claims
for alternative care shall be net of all premiums paid under section 256B.0913,
subdivision 12, on or after July 1, 2003, and shall be limited to services
provided on or after July 1, 2003. Claims
against marital property shall be limited to claims against recipients who died
on or after July 1, 2009.
Sec. 42. Minnesota
Statutes 2008, section 256B.15, is amended by adding a subdivision to read:
Subd. 2b. Controlling provisions.
(a) For purposes of this subdivision and subdivisions 1a and 2,
paragraphs (b) to (d) apply.
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(b) At the time of
death of a recipient spouse and solely for purpose of recovery of medical
assistance benefits received, a predeceased recipient spouse shall have a legal
title or interest in the undivided whole of all of the property which the
recipient and the recipient's surviving spouse owned jointly or which was
marital property at any time during their marriage regardless of the form of
ownership and regardless of whether it was owned or titled in the names of one
or both the recipient and the recipient's spouse. Title and interest in the property of a
predeceased recipient spouse shall not end or extinguish upon the person's
death and shall continue for the purpose of allowing recovery of medical
assistance in the estate of the surviving spouse. Upon the death of the predeceased recipient
spouse, title and interest in the predeceased spouse's property shall vest in
the surviving spouse by operation of law and without the necessity for any
probate or decree of descent proceedings and shall continue to exist after the
death of the predeceased spouse and the surviving spouse to permit recovery of
medical assistance. The recipient spouse
and the surviving spouse of a deceased recipient spouse shall not encumber,
disclaim, transfer, alienate, hypothecate, or otherwise divest themselves of
these interests before or upon death.
(c) For purposes
of this section, "marital property" includes any and all real or
personal property of any kind or interests in such property the predeceased
recipient spouse and their spouse, or either of them, owned at the time of
their marriage to each other or acquired during their marriage regardless of
whether it was owned or titled in the names of one or both of them. If either or both spouses of a married couple
received medical assistance, all property owned during the marriage or which
either or both spouses acquired during their marriage shall be presumed to be
marital property for purposes of recovering medical assistance unless there is
clear and convincing evidence to the contrary.
(d) The agency
responsible for the claim for medical assistance for a recipient spouse may, at
its discretion, release specific real and personal property from the provisions
of this section. The release shall
extinguish the interest created under paragraph (b) in the land it describes
upon filing or recording. The release
need not be attested, certified, or acknowledged as a condition of filing or
recording and shall be filed or recorded in the office of the county recorder
or registrar of titles, as appropriate, in the county where the real property
is located. The party to whom the
release is given shall be responsible for paying all fees and costs necessary
to record and file the release. If the
property described in the release is registered property, the registrar of
titles shall accept it for recording and shall record it on the certificate of
title for each parcel of property described in the release. If the property described in the release is
abstract property, the recorder shall accept it for filing and file it in the
county's grantor-grantee indexes and any tract index the county maintains for
each parcel of property described in the release.
Sec. 43. Minnesota Statutes 2008, section 256B.15, is
amended by adding a subdivision to read:
Subd. 9. Commissioner's intervention. The commissioner shall be permitted to
intervene as a party in any proceeding involving recovery of medical assistance
upon filing a notice of intervention and serving such notice on the other
parties.
Sec. 44. [256B.196]
INTERGOVERNMENTAL TRANSFERS; HOSPITAL PAYMENTS.
Subdivision 1. Federal approval required. This section is contingent on federal
approval of the intergovernmental transfers and payments authorized under this
section. This section is also contingent
on current payment by the government entities of the intergovernmental
transfers under this section.
Subd. 2. Commissioner's duties. (a) For the purposes of this subdivision
and subdivision 3, the commissioner shall determine the fee-for-service
outpatient hospital services upper payment limit for nonstate government
hospitals. The commissioner shall then
determine the amount of a supplemental payment to Hennepin County Medical
Center and Regions Hospital for these services that would increase medical
assistance spending in this category to the aggregate upper payment limit for
all nonstate government hospitals in Minnesota.
In making this determination, the commissioner shall allot the available
increases between Hennepin County Medical Center and Regions Hospital based on
the ratio of medical assistance fee-for-service outpatient hospital payments to
the two
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facilities. The commissioner shall adjust this allotment
as necessary based on federal approvals, the amount of intergovernmental
transfers received from Hennepin and Ramsey Counties, and other factors, in
order to maximize the additional total payments. The commissioner shall inform Hennepin County
and Ramsey County of the periodic intergovernmental transfers necessary to
match federal Medicaid payments available under this subdivision in order to
make supplementary medical assistance payments to Hennepin County Medical
Center and Regions Hospital equal to an amount that when combined with existing
medical assistance payments to nonstate governmental hospitals would increase
total payments to hospitals in this category for outpatient services to the
aggregate upper payment limit for all hospitals in this category in Minnesota. Upon receipt of these periodic transfers, the
commissioner shall make supplementary payments to Hennepin County Medical
Center and Regions Hospital.
(b) For the purposes of this subdivision and subdivision 3,
the commissioner shall determine an upper payment limit for physicians
affiliated with Hennepin County Medical Center and with Regions Hospital. The upper payment limit shall be based on the
average commercial rate or be determined using another method acceptable to the
Centers for Medicare and Medicaid Services. The commissioner shall inform Hennepin County
and Ramsey County of the periodic intergovernmental transfers necessary to
match the federal Medicaid payments available under this subdivision in order
to make supplementary payments to physicians affiliated with Hennepin County
Medical Center and Regions Hospital equal to the difference between the
established medical assistance payment for physician services and the upper
payment limit. Upon receipt of these
periodic transfers, the commissioner shall make supplementary payments to
physicians of Hennepin Faculty Associates and HealthPartners.
(c) Beginning January 1, 2010, Hennepin County and Ramsey
County shall make monthly intergovernmental transfers to the commissioner in
the following amounts: $133,333 by Hennepin County and $100,000 by Ramsey
County. The commissioner shall increase
the medical assistance capitation payments to Metropolitan Health Plan and
HealthPartners by an amount equal to the annual value of the monthly transfers
plus federal financial participation.
(d) The commissioner shall inform Hennepin County and Ramsey
County on an ongoing basis of the need for any changes needed in the
intergovernmental transfers in order to continue the payments under paragraphs (a)
to (c), at their maximum level, including increases in upper payment limits,
changes in the federal Medicaid match, and other factors.
(e) The payments in paragraphs (a) to (c) shall be implemented
independently of each other, subject to federal approval and to the receipt of
transfers under subdivision 3.
Subd. 3. Intergovernmental transfers.
Based on the determination by the commissioner under subdivision 2,
Hennepin County and Ramsey County shall make periodic intergovernmental
transfers to the commissioner for the purposes of subdivision 2, paragraphs (a)
to (c). All of the intergovernmental
transfers made by Hennepin County shall be used to match federal payments to
Hennepin County Medical Center under subdivision 2, paragraph (a); to physicians
affiliated with Hennepin Faculty Associates under subdivision 2, paragraph (b);
and to Metropolitan Health Plan under subdivision 2, paragraph (c). All of the intergovernmental transfers made
by Ramsey County shall be used to match federal payments to Regions Hospital
under subdivision 2, paragraph (a); to physicians affiliated with
HealthPartners under subdivision 2, paragraph (b); and to HealthPartners under
subdivision 2, paragraph (c).
Subd. 4. Adjustments permitted.
(a) The commissioner may adjust the intergovernmental transfers under
subdivision 3 and the payments under subdivision 2, based on the commissioner's
determination of Medicare upper payment limits, hospital-specific charge
limits, hospital-specific limitations on disproportionate share payments,
medical inflation, actuarial certification, and cost-effectiveness for purposes
of federal waivers. Any adjustments must
be made on a proportional basis. The
commissioner may make adjustments under this subdivision only after
consultation with the affected counties and hospitals. All payments under subdivision 2 and all
intergovernmental transfers under subdivision 3 are limited to amounts
available after all other base rates, adjustments, and supplemental payments in
chapter 256B are calculated.
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(b) The ratio of medical assistance payments specified in
subdivision 2 to the voluntary intergovernmental transfers specified in
subdivision 3 shall not be reduced except as provided under paragraph (a).
Subd. 5. Recession period. Each
type of intergovernmental transfer in subdivision 2, paragraphs (a) to (d), for
payment periods from October 1, 2008, through December 31, 2010, is voluntary
on the part of Hennepin and Ramsey Counties, meaning that the transfer must be
agreed to, in writing, by the counties prior to any payments being issued. One agreement on each type of transfer shall
cover the entire recession period.
Sec. 45. Minnesota
Statutes 2008, section 256B.199, is amended to read:
256B.199 PAYMENTS REPORTED BY
GOVERNMENTAL ENTITIES.
(a) Effective July 1, 2007, the commissioner shall apply for
federal matching funds for the expenditures in paragraphs (b) and (c).
(b) The commissioner shall apply for federal matching funds
for certified public expenditures as follows:
(1) Hennepin County, Hennepin County Medical Center, Ramsey
County, Regions Hospital, the University of Minnesota, and Fairview-University
Medical Center shall report quarterly to the commissioner beginning June 1,
2007, payments made during the second previous quarter that may qualify for
reimbursement under federal law;
(2) based on these reports, the commissioner shall apply for
federal matching funds. These funds are appropriated
to the commissioner for the payments under section 256.969, subdivision 27; and
(3) by May 1 of each year, beginning May 1, 2007, the
commissioner shall inform the nonstate entities listed in paragraph (a) of the
amount of federal disproportionate share hospital payment money expected to be
available in the current federal fiscal year.
(c) The commissioner shall apply for federal matching funds
for general assistance medical care expenditures as follows:
(1) for hospital services occurring on or after July 1, 2007,
general assistance medical care expenditures for fee-for-service inpatient and
outpatient hospital payments made by the department shall be used to apply for
federal matching funds, except as limited below:
(i) only those general assistance medical care expenditures
made to an individual hospital that would not cause the hospital to exceed its
individual hospital limits under section 1923 of the Social Security Act may be
considered; and
(ii) general assistance medical care expenditures may be
considered only to the extent of Minnesota's aggregate allotment under section
1923 of the Social Security Act; and
(2) all hospitals must provide any necessary expenditure,
cost, and revenue information required by the commissioner as necessary for
purposes of obtaining federal Medicaid matching funds for general assistance
medical care expenditures.
(d) For the period from April 1, 2009, to September 30, 2010,
the commissioner shall apply for additional federal matching funds available as
disproportionate share hospital payments under the American Recovery and
Reinvestment Act of 2009. These funds
shall be made available as the state share of payments under section 256.969,
subdivision 28. The entities required to
report certified public expenditures under paragraph (b), clause (1), shall
report additional certified public expenditures as necessary under this
paragraph.
EFFECTIVE DATE.
This section is effective the day following final enactment.
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Sec. 46. Minnesota Statutes 2008, section 256B.69,
subdivision 5a, is amended to read:
Subd. 5a. Managed
care contracts. (a) Managed care
contracts under this section and sections 256L.12 and 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. The
commissioner may issue separate contracts with requirements specific to
services to medical assistance recipients age 65 and older.
(b) A prepaid health
plan providing covered health services for eligible persons pursuant to
chapters 256B, 256D, and 256L, is responsible for complying with the terms of
its contract with the commissioner.
Requirements applicable to managed care programs under chapters 256B,
256D, and 256L, established after the effective date of a contract with the
commissioner take effect when the contract is next issued or renewed.
(c) Effective for
services rendered on or after January 1, 2003, the commissioner shall withhold
five percent of managed care plan payments under this section and
county-based purchasing plan's payment rate under section 256B.692 for the
prepaid medical assistance and general assistance medical care programs pending
completion of performance targets. Each
performance target must be quantifiable, objective, measurable, and reasonably
attainable, except in the case of a performance target based on a federal or
state law or rule. Criteria for
assessment of each performance target must be outlined in writing prior to the
contract effective date. The managed
care plan must demonstrate, to the commissioner's satisfaction, that the data
submitted regarding attainment of the performance target is accurate. The commissioner shall periodically change
the administrative measures used as performance targets in order to improve
plan performance across a broader range of administrative services. The performance targets must include
measurement of plan efforts to contain spending on health care services and
administrative activities. The
commissioner may adopt plan-specific performance targets that take into account
factors affecting only one plan, including characteristics of the plan's
enrollee population. The withheld funds
must be returned no sooner than July of the following year if performance
targets in the contract are achieved.
The commissioner may exclude special demonstration projects under
subdivision 23. A managed care plan
or a county-based purchasing plan under section 256B.692 may include as
admitted assets under section 62D.044 any amount withheld under this paragraph
that is reasonably expected to be returned.
(d)(1)
Effective for services rendered on or after January 1, 2009, through
December 31, 2009, the commissioner shall withhold three percent of managed
care plan payments under this section and county-based purchasing plan
payments under section 256B.692 for the prepaid medical assistance and
general assistance medical care programs.
The withheld funds must be returned no sooner than July 1 and no later
than July 31 of the following year. The
commissioner may exclude special demonstration projects under subdivision 23.
(2) A managed care
plan or a county-based purchasing plan under section 256B.692 may include as
admitted assets under section 62D.044 any amount withheld under this
paragraph. The return of the withhold under this paragraph is not
subject to the requirements of paragraph (c).
(e) Effective for
services rendered on or after January 1, 2010, through December 31, 2010, the
commissioner shall withhold 3.5 percent of managed care plan payments under
this section and county-based purchasing plan payments under section 256B.692
for the prepaid medical assistance program.
The withheld funds must be returned no sooner than July 1 and no later
than July 31 of the following year. The
commissioner may exclude special demonstration projects under subdivision 23.
(f) Effective for
services rendered on or after January 1, 2011, through December 31, 2011, the
commissioner shall withhold four percent of managed care plan payments under
this section and county-based purchasing plan payments under section 256B.692
for the prepaid medical assistance program.
The withheld funds must be returned no sooner than July 1 and no later than
July 31 of the following year. The
commissioner may exclude special demonstration projects under subdivision 23.
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(g) Effective for services rendered on or after January 1,
2012, through December 31, 2012, the commissioner shall withhold 4.5 percent of
managed care plan payments under this section and county-based purchasing plan
payments under section 256B.692 for the prepaid medical assistance
program. The withheld funds must be
returned no sooner than July 1 and no later than July 31 of the following
year. The commissioner may exclude
special demonstration projects under subdivision 23.
(h) Effective for services rendered on or after January 1,
2013, through December 31, 2013, the commissioner shall withhold 4.5 percent of
managed care plan payments under this section and county-based purchasing plan
payments under section 256B.692 for the prepaid medical assistance
program. The withheld funds must be
returned no sooner than July 1 and no later than July 31 of the following
year. The commissioner may exclude
special demonstration projects under subdivision 23.
(i) Effective for services rendered on or after January 1,
2014, the commissioner shall withhold three percent of managed care plan
payments under this section and county-based purchasing plan payments under
section 256B.692 for the prepaid medical assistance and prepaid general
assistance medical care programs. The
withheld funds must be returned no sooner than July 1 and no later than July 31
of the following year. The commissioner
may exclude special demonstration projects under subdivision 23.
(j) A managed care plan or a county-based purchasing plan
under section 256B.692 may include as admitted assets under section 62D.044 any
amount withheld under this section that is reasonably expected to be returned.
Sec. 47. Minnesota Statutes
2008, section 256B.69, subdivision 5c, is amended to read:
Subd. 5c. Medical education and research fund. (a) Except as provided in paragraph (c), the
commissioner of human services shall transfer each year to the medical
education and research fund established under section 62J.692, the following:
(1) an amount equal to the reduction in the prepaid medical
assistance and prepaid general assistance medical care payments as specified in
this clause. Until January 1, 2002, the
county medical assistance and general assistance medical care capitation base
rate prior to plan specific adjustments and after the regional rate adjustments
under section 256B.69, subdivision 5b, is reduced 6.3 percent for Hennepin
County, two percent for the remaining metropolitan counties, and no reduction
for nonmetropolitan Minnesota counties; and after January 1, 2002, the county
medical assistance and general assistance medical care capitation base rate
prior to plan specific adjustments is reduced 6.3 percent for Hennepin County,
two percent for the remaining metropolitan counties, and 1.6 percent for
nonmetropolitan Minnesota counties.
Nursing facility and elderly waiver payments and demonstration project
payments operating under subdivision 23 are excluded from this reduction. The amount calculated under this clause shall
not be adjusted for periods already paid due to subsequent changes to the
capitation payments;
(2) beginning July 1, 2003, $2,157,000 $4,314,000 from
the capitation rates paid under this section plus any federal matching funds
on this amount;
(3) beginning July 1, 2002, an additional $12,700,000 from
the capitation rates paid under this section; and
(4) beginning July 1, 2003, an additional $4,700,000 from the
capitation rates paid under this section.
(b) This subdivision shall be effective upon approval of a
federal waiver which allows federal financial participation in the medical
education and research fund. Effective
July 1, 2009, and thereafter, the transfers required by paragraph (a), clauses
(1) to (4), shall not exceed the total amount transferred for fiscal year
2009. Any excess shall first reduce the
amounts otherwise required to be transferred under paragraph (a), clauses (2)
to (4). Any excess following this
reduction shall proportionally reduce the transfers under paragraph (a), clause
(1).
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(c) Effective July 1,
2003, the amount reduced from the prepaid general assistance medical care
payments under paragraph (a), clause (1), shall be transferred to the general
fund.
(d) Beginning July
1, 2009, of the amounts in paragraph (a), the commissioner shall transfer
$21,714,000 each fiscal year to the medical education and research fund. The balance of the transfers under paragraph
(a) shall be transferred to the medical education and research fund no earlier
than July 1 of the following fiscal year.
Sec. 48. Minnesota Statutes 2008, section 256B.69,
subdivision 5f, is amended to read:
Subd. 5f. Capitation
rates. (a) Beginning July 1,
2002, the capitation rates paid under this section are increased by $12,700,000
per year. Beginning July 1, 2003, the capitation
rates paid under this section are increased by $4,700,000 per year.
(b) Beginning July
1, 2009, the capitation rates paid under this section are increased each year
by the lesser of $21,714,000 or an amount equal to the difference between the estimated
value of the reductions described in subdivision 5c, paragraph (a), clause (1),
and the amount of the limit described in subdivision 5c, paragraph (b).
Sec. 49. Minnesota Statutes 2008, section 256B.69,
subdivision 23, is amended to read:
Subd. 23. Alternative
services; elderly and disabled persons.
(a) The commissioner may implement demonstration projects to create
alternative integrated delivery systems for acute and long-term care services
to elderly persons and persons with disabilities as defined in section 256B.77,
subdivision 7a, 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 and may
contract with Medicare-approved special needs plans to provide Medicaid
services. Medicare funds and services
shall be administered according to the terms and conditions of the federal
contract and demonstration provisions.
For the purpose of administering medical assistance funds,
demonstrations under this subdivision are subject to subdivisions 1 to 22. 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 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 256L.12, 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, including counties, to serve only elderly persons
eligible for medical assistance, elderly and disabled persons, or disabled
persons only. For persons with a primary
diagnosis of developmental disability, serious and persistent mental illness,
or serious emotional disturbance, the commissioner must ensure that the county
authority has approved the demonstration and contracting design. Enrollment in these projects for persons with
disabilities shall be voluntary. The
commissioner shall not implement any demonstration project under this
subdivision for persons with a primary diagnosis of developmental disabilities,
serious and persistent mental illness, or serious emotional disturbance,
without approval of the county board of the county in which the demonstration
is being implemented.
(b) Notwithstanding
chapter 245B, sections 252.40 to 252.46, 256B.092, 256B.501 to 256B.5015, and
Minnesota Rules, parts 9525.0004 to 9525.0036, 9525.1200 to 9525.1330,
9525.1580, and 9525.1800 to 9525.1930, the commissioner may implement under
this section projects for persons with developmental disabilities. The commissioner may capitate payments for
ICF/MR services, waivered services for developmental disabilities, including
case management services, day training and habilitation and alternative active
treatment services, and
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other services as
approved by the state and by the federal government. Case management and active treatment must be
individualized and developed in accordance with a person-centered plan. Costs under these projects may not exceed
costs that would have been incurred under fee-for-service. Beginning July 1, 2003, and until four years
after the pilot project implementation date, subcontractor participation in the
long-term care developmental disability pilot is limited to a nonprofit
long-term care system providing ICF/MR services, home and community-based
waiver services, and in-home services to no more than 120 consumers with
developmental disabilities in Carver, Hennepin, and Scott Counties. The commissioner shall report to the
legislature prior to expansion of the developmental disability pilot
project. This paragraph expires four
years after the implementation date of the pilot project.
(c) Before
implementation of a demonstration project for disabled persons, the commissioner
must provide information to appropriate committees of the house of
representatives and senate and must involve representatives of affected
disability groups in the design of the demonstration projects.
(d) A nursing
facility reimbursed under the alternative reimbursement methodology in section
256B.434 may, in collaboration with a hospital, clinic, or other health care
entity provide services under paragraph (a).
The commissioner shall amend the state plan and seek any federal waivers
necessary to implement this paragraph.
(e) The commissioner,
in consultation with the commissioners of commerce and health, may approve and
implement programs for all-inclusive care for the elderly (PACE) according to
federal laws and regulations governing that program and state laws or rules
applicable to participating providers.
The process for approval of these programs shall begin only after the
commissioner receives grant money in an amount sufficient to cover the state
share of the administrative and actuarial costs to implement the programs
during state fiscal years 2006 and 2007.
Grant amounts for this purpose shall be deposited in an account in the
special revenue fund and are appropriated to the commissioner to be used solely
for the purpose of PACE administrative and actuarial costs. A PACE provider is not required to be
licensed or certified as a health plan company as defined in section 62Q.01,
subdivision 4. Persons age 55 and older
who have been screened by the county and found to be eligible for services
under the elderly waiver or community alternatives for disabled individuals or
who are already eligible for Medicaid but meet level of care criteria for
receipt of waiver services may choose to enroll in the PACE program. Medicare and Medicaid services will be
provided according to this subdivision and federal Medicare and Medicaid
requirements governing PACE providers and programs. PACE enrollees will receive Medicaid home and
community-based services through the PACE provider as an alternative to services
for which they would otherwise be eligible through home and community-based
waiver programs and Medicaid State Plan Services. The commissioner shall establish Medicaid
rates for PACE providers that do not exceed costs that would have been incurred
under fee-for-service or other relevant managed care programs operated by the
state.
(f) The commissioner
shall seek federal approval to expand the Minnesota disability health options
(MnDHO) program established under this subdivision in stages, first to regional
population centers outside the seven-county metro area and then to all areas of
the state. Until July 1, 2009, expansion
for MnDHO projects that include home and community-based services is limited to
the two projects and service areas in effect on March 1, 2006. Enrollment in integrated MnDHO programs that
include home and community-based services shall remain voluntary. Costs for home and community-based services
included under MnDHO must not exceed costs that would have been incurred under
the fee-for-service program. Notwithstanding
whether expansion occurs under this paragraph, in determining MnDHO payment
rates and risk adjustment methods for contract years starting in 2012, the
commissioner must consider the methods used to determine county allocations for
home and community-based program participants.
If necessary to reduce MnDHO rates to comply with the provision
regarding MnDHO costs for home and community-based services, the commissioner
shall achieve the reduction by maintaining the base rate for contract years
2010 and 2011 for services provided under the community alternatives for
disabled individuals waiver at the same level as for contract year 2009. The commissioner may apply other reductions
to MnDHO rates to implement decreases in provider payment rates required by
state law. In developing program
specifications for expansion of integrated programs, the commissioner shall
involve and consult the state-level stakeholder group established in
subdivision 28, paragraph (d), including consultation on whether and how to
include home and
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community-based
waiver programs. Plans for further
expansion of MnDHO projects shall be presented to the chairs of the house of
representatives and senate committees with jurisdiction over health and human
services policy and finance by February 1, 2007.
(g) Notwithstanding section 256B.0261, health plans providing
services under this section are responsible for home care targeted case
management and relocation targeted case management. Services must be provided according to the
terms of the waivers and contracts approved by the federal government.
Sec. 50. [256B.756] REIMBURSEMENT RATES FOR
BIRTHS.
Subdivision 1. Facility rate. (a)
Notwithstanding section 256.969, effective for services provided on or after
October 1, 2009, the facility payment rate for the following diagnosis-related
groups, as they fall within the diagnostic categories: (1) 371 cesarean section
without complicating diagnosis; (2) 372 vaginal delivery with complicating
diagnosis; and (3) 373 vaginal delivery without complicating diagnosis, shall
be calculated as provided in paragraph (b).
(b) The commissioner shall calculate a single rate for all of
the diagnostic related groups specified in paragraph (a) consistent with an
increase in the proportion of births by vaginal delivery and a reduction in the
percentage of births by cesarean section.
The calculated single rate must be based on an expected increase in the
number of vaginal births and expected reduction in the number of cesarean
section such that the reduction in cesarean sections is less than or equal to one
standard deviation below the average in the frequency of cesarean births for
Minnesota health care program clients at hospitals performing greater than 50
deliveries per year.
(c) The rates described in this subdivision do not include
newborn care.
Subd. 2. Provider rate. Notwithstanding
section 256B.76, effective for services provided on or after October 1, 2009,
the payment rate for professional services related to labor, delivery, and antepartum
and postpartum care when provided for any of the diagnostic categories
identified in subdivision 1, paragraph (a), shall be calculated using the
methodology specified in subdivision 1, paragraph (b).
Subd. 3. Health plans. Payments
to managed care and county-based purchasing plans under sections 256B.69,
256B.692, or 256L.12 shall be reduced for services provided on or after October
1, 2009, to reflect the adjustments in subdivisions 1 and 2.
Subd. 4. Prior authorization. Prior
authorization shall not be required before reimbursement is paid for a cesarean
section delivery.
Sec. 51. Minnesota
Statutes 2008, section 256B.76, subdivision 1, is amended to read:
Subdivision 1. Physician reimbursement. (a) Effective for services rendered on or
after October 1, 1992, the commissioner shall make payments for physician
services as follows:
(1) payment for level one Centers for Medicare and Medicaid
Services' common procedural coding system codes titled "office and other
outpatient services," "preventive medicine new and established
patient," "delivery, antepartum, and postpartum care,"
"critical care," cesarean delivery and pharmacologic management
provided to psychiatric patients, and level three codes for enhanced services
for prenatal high risk, shall be paid at the lower of (i) submitted charges, or
(ii) 25 percent above the rate in effect on June 30, 1992. If the rate on any procedure code within
these categories is different than the rate that would have been paid under the
methodology in section 256B.74, subdivision 2, then the larger rate shall be
paid;
(2) payments for all other services shall be paid at the lower
of (i) submitted charges, or (ii) 15.4 percent above the rate in effect on June
30, 1992; and
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(3) all physician
rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above
increases except that payment rates for home health agency services shall be
the rates in effect on September 30, 1992.
(b) Effective for
services rendered on or after January 1, 2000, payment rates for physician and
professional services shall be increased by three percent over the rates in
effect on December 31, 1999, except for home health agency and family planning
agency services. The increases in this paragraph
shall be implemented January 1, 2000, for managed care.
(c) Effective for
services rendered on or after July 1, 2009, payment rates for physician and
professional services shall be reduced by five percent over the rates in effect
on June 30, 2009. This reduction does
not apply to office or other outpatient services (procedure codes 99201 to
99215), preventive medicine services (procedure codes 99381 to 99412) and
family planning services billed by the following primary care specialties: general practice, internal medicine,
pediatrics, geriatrics, family practice, or by an advanced practice registered
nurse or physician assistant practicing in pediatrics, geriatrics, or family
practice. This reduction does not apply
to federally qualified health centers, rural health centers, and Indian health
services. Effective October 1, 2009,
payments made to managed care plans and county-based purchasing plans under
sections 256B.69, 256B.692, and 256L.12 shall reflect the payment reduction
described in this paragraph.
Sec. 52. [256B.766]
REIMBURSEMENT FOR BASIC CARE SERVICES.
(a) Effective for
services provided on or after July 1, 2009, total payments for basic care
services, shall be reduced by three percent, prior to third-party liability and
spenddown calculation. Payments made to
managed care plans and county-based purchasing plans shall be reduced for
services provided on or after October 1, 2009, to reflect this reduction.
(b) This section
does not apply to physician and professional services, inpatient hospital
services, family planning services, mental health services, dental services,
prescription drugs, and medical transportation.
Sec. 53. Minnesota Statutes 2008, section 256D.03,
subdivision 4, is amended to read:
Subd. 4. General
assistance medical care; services.
(a)(i) For a person who is eligible under subdivision 3, paragraph (a),
clause (2), item (i), general assistance medical care covers, except as
provided in paragraph (c):
(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;
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(9) laboratory and X-ray services;
(10) physician's services;
(11) medical transportation except special transportation;
(12) chiropractic services as covered under the medical
assistance program;
(13) podiatric services;
(14) dental services as covered under the medical assistance
program;
(15) mental health services covered under chapter 256B;
(16) prescribed medications for persons who have been diagnosed
as mentally ill as necessary to prevent more restrictive institutionalization;
(17) medical supplies and equipment, and Medicare premiums,
coinsurance and deductible payments;
(18) 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;
(19) services performed by a certified pediatric nurse
practitioner, a certified family nurse practitioner, a certified adult nurse
practitioner, a certified obstetric/gynecological nurse practitioner, a
certified neonatal nurse practitioner, or a certified geriatric nurse
practitioner in independent practice, if (1) the service is otherwise covered
under this chapter as a physician service, (2) the service provided on an
inpatient basis is not included as part of the cost for inpatient services
included in the operating payment rate, and (3) the service is within the scope
of practice of the nurse practitioner's license as a registered nurse, as
defined in section 148.171;
(20) 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;
(21) telemedicine consultations, to the extent they are
covered under section 256B.0625, subdivision 3b;
(22) care coordination and patient education services provided
by a community health worker according to section 256B.0625, subdivision 49;
and
(23) regardless of the number of employees that an enrolled
health care provider may have, sign language interpreter services when provided
by an enrolled health care provider during the course of providing a direct,
person-to-person covered health care service to an enrolled recipient who has a
hearing loss and uses interpreting services.
(ii) Effective October 1, 2003, for a person who is eligible
under subdivision 3, paragraph (a), clause (2), item (ii), general assistance
medical care coverage is limited to inpatient hospital services, including
physician services provided during the inpatient hospital stay. A $1,000 deductible is required for each
inpatient hospitalization.
(b) Effective August 1, 2005, sex reassignment surgery is not
covered under this subdivision.
(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
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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. 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) Effective January 1, 2008, drug coverage under general
assistance medical care is limited to prescription drugs that:
(i) are covered under the medical assistance program as
described in section 256B.0625, subdivisions 13 and 13d; and
(ii) are provided by manufacturers that have fully executed
general assistance medical care rebate agreements with the commissioner and
comply with the agreements. Prescription
drug coverage under general assistance medical care must conform to coverage
under the medical assistance program according to section 256B.0625,
subdivisions 13 to 13g.
(e) Recipients eligible under subdivision 3, paragraph (a),
shall pay the following co-payments for services provided on or after October
1, 2003, and before January 1, 2009:
(1) $25 for eyeglasses;
(2) $25 for nonemergency visits to a hospital-based emergency
room;
(3) $3 per brand-name drug prescription and $1 per generic
drug prescription, subject to a $12 per month maximum for prescription drug
co-payments. No co-payments shall apply
to antipsychotic drugs when used for the treatment of mental illness; and
(4) 50 percent coinsurance on restorative dental services.
(f) Recipients eligible under subdivision 3, paragraph (a),
shall include the following co-payments for services provided on or after
January 1, 2009:
(1) $25 for nonemergency visits to a hospital-based emergency
room; and
(2) $3 per brand-name drug prescription and $1 per generic
drug prescription, subject to a $7 per month maximum for prescription drug
co-payments. No co-payments shall apply
to antipsychotic drugs when used for the treatment of mental illness.
(g) MS 2007 Supp [Expired]
(h) Effective January 1, 2009, co-payments shall be limited to
one per day per provider for nonemergency visits to a hospital-based emergency
room. Recipients of general assistance
medical care are responsible for all co-payments in this subdivision. The general assistance medical care
reimbursement to the provider shall be reduced by the amount of the co-payment,
except that reimbursement for prescription drugs shall not be reduced once a
recipient has reached the $7 per month maximum for prescription drug
co-payments. The provider collects the
co-payment from the recipient. Providers
may not deny services to recipients who are unable to pay the co-payment.
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(i) General assistance medical care reimbursement to
fee-for-service providers and payments to managed care plans shall not be increased
as a result of the removal of the co-payments effective January 1, 2009.
(j) Any county may, from its own resources, provide medical
payments for which state payments are not made.
(k) Chemical dependency services that are reimbursed under
chapter 254B must not be reimbursed under general assistance medical care.
(l) 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.
(m) 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.
(n) Inpatient and outpatient payments shall be reduced by five
percent, effective July 1, 2003. This
reduction is in addition to the five percent reduction effective July 1, 2003,
and incorporated by reference in paragraph (l).
(o) Payments for all other health services except inpatient,
outpatient, and pharmacy services shall be reduced by five percent, effective
July 1, 2003.
(p) Payments to managed care plans shall be reduced by five percent
for services provided on or after October 1, 2003.
(q) 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.
(r) Fee-for-service payments for nonpreventive visits shall be
reduced by $3 for services provided on or after January 1, 2006. For purposes of this subdivision, a visit
means an episode of service which is required because of a recipient's
symptoms, diagnosis, or established illness, and which is delivered in an
ambulatory setting by a physician or physician ancillary, chiropractor,
podiatrist, advance practice nurse, audiologist, optician, or optometrist.
(s) Payments to managed care plans shall not be increased as a
result of the removal of the $3 nonpreventive visit co-payment effective
January 1, 2006.
(t) Payments for mental health services added as covered
benefits after December 31, 2007, are not subject to the reductions in
paragraphs (l), (n), (o), and (p).
(u) Effective for services provided on or after July 1, 2009,
total payment rates for basic care services shall be reduced by three percent,
in accordance with section 256B.766.
Payments made to managed care plans shall be reduced for services provided
on or after October 1, 2009, to reflect this reduction.
(v) Effective for services provided on or after July 1, 2009,
payment rates for physician and professional services shall be reduced as
described under section 256B.76, subdivision 1, paragraph (c). Payments made to managed care plans shall be
reduced for services provided on or after October 1, 2009, to reflect this
reduction.
Sec. 54. Minnesota
Statutes 2008, section 256L.03, is amended by adding a subdivision to read:
Subd. 3b. Chiropractic services.
MinnesotaCare covers the following chiropractic services: medically necessary exams, manual
manipulation of the spine, and x-rays.
EFFECTIVE DATE.
This section is effective January 1, 2010.
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Sec. 55. Minnesota
Statutes 2008, section 256L.04, subdivision 1, is amended to read:
Subdivision 1. Families with children. (a) Families with children with family income
equal to or less than 275 percent of the federal poverty guidelines for the
applicable family size shall be eligible for MinnesotaCare according to this
section. All other provisions of
sections 256L.01 to 256L.18, including the insurance-related barriers to
enrollment under section 256L.07, shall apply unless otherwise specified.
(b) Parents who enroll in the MinnesotaCare program must also
enroll their children, if the children are eligible. Children may be enrolled separately without
enrollment by parents. However, if one
parent in the household enrolls, both parents must enroll, unless other
insurance is available. If one child
from a family is enrolled, all children must be enrolled, unless other
insurance is available. If one spouse in
a household enrolls, the other spouse in the household must also enroll, unless
other insurance is available. Families
cannot choose to enroll only certain uninsured members.
(c) Beginning October 1, 2003, the dependent sibling
definition no longer applies to the MinnesotaCare program. These persons are no longer counted in the
parental household and may apply as a separate household.
(d) Beginning July 1, 2003, or upon federal approval,
whichever is later, parents are not eligible for MinnesotaCare if their gross
income exceeds $57,500.
(e) Children formerly enrolled in medical assistance and
automatically deemed eligible for MinnesotaCare according to section 256B.057,
subdivision 2c, are exempt from the requirements of this section until renewal.
(f) Children deemed eligible for MinnesotaCare under section
256L.07, subdivision 8, are exempt from the eligibility requirements of this
subdivision.
Sec. 56. Minnesota
Statutes 2008, section 256L.04, is amended by adding a subdivision to read:
Subd. 1b. Children with family income greater than 275 percent of federal
poverty guidelines. Children
with family income greater than 275 percent of federal poverty guidelines for
the applicable family size shall be eligible for MinnesotaCare. All other provisions of sections 256L.01 to
256L.18, including the insurance-related barriers to enrollment under section
256L.07, shall apply unless otherwise specified.
EFFECTIVE DATE.
This section is effective July 1, 2009, or upon federal approval,
whichever is later.
Sec. 57. Minnesota
Statutes 2008, section 256L.04, subdivision 7a, is amended to read:
Subd. 7a. Ineligibility. Applicants Adults whose income
is greater than the limits established under this section may not enroll in the
MinnesotaCare program.
EFFECTIVE DATE.
This section is effective July 1, 2009, or upon federal approval,
whichever is later.
Sec. 58. Minnesota
Statutes 2008, section 256L.04, subdivision 10a, is amended to read:
Subd. 10a. Sponsor's income and resources deemed available;
documentation. When determining
eligibility for any federal or state benefits under sections 256L.01 to
256L.18, the income and resources of all noncitizens whose sponsor signed an
affidavit of support as defined under United States Code, title 8, section
1183a, shall be deemed to include their sponsors' income and resources as
defined in the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996, title IV, Public Law 104-193, sections 421 and 422, and subsequently
set out in federal rules. To be eligible
for the program, noncitizens must provide documentation of their immigration
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status. Beginning
July 1, 2010, or upon federal approval, whichever is later, sponsor deeming
does not apply to pregnant women and children who are qualified noncitizens, as
described in section 256B.06, subdivision 4, paragraph (b).
EFFECTIVE DATE. This section is effective
July 1, 2010, or upon federal approval, whichever is later. The commissioner shall notify the revisor of
statutes when federal approval has been obtained.
Sec. 59. Minnesota Statutes 2008, section 256L.05,
subdivision 1, is amended to read:
Subdivision 1. Application
assistance and information availability. (a) Applications and application
assistance must be made available at provider offices, local human services
agencies, school districts, public and private elementary schools in which 25
percent or more of the students receive free or reduced price lunches,
community health offices, Women, Infants and Children (WIC) program sites, Head
Start program sites, public housing councils, crisis nurseries, child care
centers, early childhood education and preschool program sites, legal aid
offices, and libraries. These sites may
accept applications and forward the forms to the commissioner or local county
human services agencies that choose to participate as an enrollment site. Otherwise, applicants may apply directly to
the commissioner or to participating local county human services agencies.
(b) Application
assistance must be available for applicants choosing to file an online
application.
Sec. 60. Minnesota Statutes 2008, section 256L.05, is
amended by adding a subdivision to read:
Subd. 1c. Open enrollment and streamlined
application and enrollment process.
(a) The commissioner and local agencies working in partnership must
develop a streamlined and efficient application and enrollment process for
medical assistance and MinnesotaCare enrollees that meets the criteria
specified in this subdivision.
(b) The
commissioners of human services and education shall provide recommendations to
the legislature by January 15, 2010, on the creation of an open enrollment
process for medical assistance and MinnesotaCare that is coordinated with the
public education system. The
recommendations must:
(1) be developed
in consultation with medical assistance and MinnesotaCare enrollees and
representatives from organizations that advocate on behalf of children and
families, low-income persons and minority populations, counties, school
administrators and nurses, health plans, and health care providers;
(2) be based on
enrollment and renewal procedures best practices, including express lane
eligibility as required under subdivision 1d;
(3) simplify the
enrollment and renewal processes wherever possible; and
(4) establish a
process:
(i) to disseminate
information on medical assistance and MinnesotaCare to all children in the
public education system, including prekindergarten programs; and
(ii) for the
commissioner of human services to enroll children and other household members
who are eligible.
The commissioner
of human services in coordination with the commissioner of education shall
implement an open enrollment process by August 1, 2010, to be effective
beginning with the 2010-2011 school year.
(c) The
commissioner and local agencies shall develop an online application process for
medical assistance and MinnesotaCare.
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(d) The
commissioner shall develop an application that is easily understandable and
does not exceed four pages in length.
(e) The
commissioner of human services shall present to the legislature, by January 15,
2010, an implementation plan for the open enrollment period and online
application process.
EFFECTIVE DATE. This section is effective
July 1, 2010, or upon federal approval, which must be requested by the
commissioner, whichever is later.
Sec. 61. Minnesota Statutes 2008, section 256L.05,
subdivision 3, is amended to read:
Subd. 3. Effective
date of coverage. (a) The effective
date of coverage is the first day of the month following the month in which
eligibility is approved and the first premium payment has been received. As provided in section 256B.057, coverage for
newborns is automatic from the date of birth and must be coordinated with other
health coverage. The effective date of
coverage for eligible newly adoptive children added to a family receiving
covered health services is the month of placement. The effective date of coverage for other new
members added to the family is the first day of the month following the month
in which the change is reported. All
eligibility criteria must be met by the family at the time the new family member
is added. The income of the new family
member is included with the family's gross income and the adjusted premium
begins in the month the new family member is added.
(b) The initial
premium must be received by the last working day of the month for coverage to
begin the first day of the following month.
(c) Benefits are not
available until the day following discharge if an enrollee is hospitalized on
the first day of coverage.
(d) Notwithstanding
any other law to the contrary, benefits under sections 256L.01 to 256L.18 are
secondary to a plan of insurance or benefit program under which an eligible
person may have coverage and the commissioner shall use cost avoidance
techniques to ensure coordination of any other health coverage for eligible
persons. The commissioner shall identify
eligible persons who may have coverage or benefits under other plans of
insurance or who become eligible for medical assistance.
(e) The effective
date of coverage for single adults and households with no children formerly
enrolled in general assistance medical care and enrolled in MinnesotaCare
according to section 256D.03, subdivision 3, is the first day of the month
following the last day of general assistance medical care coverage.
(f) The effective
date of coverage for children eligible under section 256L.07, subdivision 8, is
the first day of the month following the date of termination from foster care
or release from a juvenile residential correctional facility.
EFFECTIVE DATE. This section is effective
July 1, 2009, or upon federal approval, whichever is later.
Sec. 62. Minnesota Statutes 2008, section 256L.05,
subdivision 3a, is amended to read:
Subd. 3a. Renewal
of eligibility. (a) Beginning July
1, 2007, an enrollee's eligibility must be renewed every 12 months. The 12-month period begins in the month after
the month the application is approved.
(b) Each new period
of eligibility must take into account any changes in circumstances that impact
eligibility and premium amount. An enrollee
must provide all the information needed to redetermine eligibility by the first
day of the month that ends the eligibility period. If there is no change in circumstances, the
enrollee may renew eligibility
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at designated
locations that include community clinics and health care providers'
offices. The designated sites shall
forward the renewal forms to the commissioner.
The commissioner may establish criteria and timelines for sites to
forward applications to the commissioner or county agencies. The premium for the new period of eligibility
must be received as provided in section 256L.06 in order for eligibility to
continue.
(c) For single adults
and households with no children formerly enrolled in general assistance medical
care and enrolled in MinnesotaCare according to section 256D.03, subdivision 3,
the first period of eligibility begins the month the enrollee submitted the
application or renewal for general assistance medical care.
(d) An enrollee
Notwithstanding paragraph (e), an enrollee who fails to submit renewal
forms and related documentation necessary for verification of continued
eligibility in a timely manner shall remain eligible for one additional month
beyond the end of the current eligibility period before being disenrolled. The enrollee remains responsible for
MinnesotaCare premiums for the additional month.
(e) Children in
families with family income equal to or below 275 percent of federal poverty
guidelines who fail to submit renewal forms and related documentation necessary
for verification of continued eligibility in a timely manner shall remain
eligible for the program. The
commissioner shall use the means described in subdivision 2 or any other means
available to verify family income. If
the commissioner determines that there has been a change in income in which
premium payment is required to remain enrolled, the commissioner shall notify
the family of the premium payment, and that the children will be disenrolled if
the premium payment is not received effective the first day of the calendar
month following the calendar month for which the premium is due.
(f) For children
enrolled in MinnesotaCare under section 256L.07, subdivision 8, the first
period of renewal begins the month the enrollee turns 21 years of age.
EFFECTIVE DATE. This section is effective
July 1, 2009, or upon federal approval, whichever is later.
Sec. 63. Minnesota Statutes 2008, section 256L.07,
subdivision 1, is amended to read:
Subdivision 1. General
requirements. (a) Children enrolled
in the original children's health plan as of September 30, 1992, children who
enrolled in the MinnesotaCare program after September 30, 1992, pursuant to
Laws 1992, chapter 549, article 4, section 17, and children who have family
gross incomes that are equal to or less than 150 200 percent of
the federal poverty guidelines are eligible without meeting the requirements of
subdivision 2 and the four-month requirement in subdivision 3, as long as they
maintain continuous coverage in the MinnesotaCare program or medical
assistance. Children who apply for
MinnesotaCare on or after the implementation date of the employer-subsidized
health coverage program as described in Laws 1998, chapter 407, article 5,
section 45, who have family gross incomes that are equal to or less than 150
percent of the federal poverty guidelines, must meet the requirements of
subdivision 2 to be eligible for MinnesotaCare.
Families Parents enrolled in MinnesotaCare under
section 256L.04, subdivision 1, whose income increases above 275 percent of the
federal poverty guidelines, are no longer eligible for the program and shall be
disenrolled by the commissioner.
Beginning January 1, 2008, individuals enrolled in MinnesotaCare under
section 256L.04, subdivision 7, whose income increases above 200 percent of the
federal poverty guidelines or 250 percent of the federal poverty guidelines on
or after July 1, 2009, are no longer eligible for the program and shall be
disenrolled by the commissioner. For
persons disenrolled under this subdivision, MinnesotaCare coverage terminates
the last day of the calendar month following the month in which the
commissioner determines that the income of a family or individual exceeds
program income limits.
(b) Notwithstanding
paragraph (a), Children may remain enrolled in MinnesotaCare if ten
percent of their gross individual or gross family income as defined
in section 256L.01, subdivision 4, is less than the annual premium for a
policy with a $500 deductible available through the Minnesota Comprehensive
Health Association. Children who
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are no longer
eligible for MinnesotaCare under this clause shall be given a 12-month notice
period from the date that ineligibility is determined before disenrollment greater than 275 percent of federal poverty
guidelines. The premium for children remaining eligible
under this clause paragraph shall be the maximum premium
determined under section 256L.15, subdivision 2, paragraph (b).
(c) Notwithstanding paragraphs paragraph (a) and
(b), parents are not eligible for MinnesotaCare if gross household income
exceeds $57,500 for the 12-month period of eligibility.
EFFECTIVE DATE.
This section is effective July 1, 2009, or upon federal approval,
whichever is later.
Sec. 64. Minnesota
Statutes 2008, section 256L.07, subdivision 2, is amended to read:
Subd. 2. Must not have access to employer-subsidized
coverage. (a) To be eligible, a family
or individual must not have access to subsidized health coverage through an
employer and must not have had access to employer-subsidized coverage through a
current employer for 18 months prior to application or reapplication. A family or individual whose
employer-subsidized coverage is lost due to an employer terminating health care
coverage as an employee benefit during the previous 18 months is not eligible.
(b) This subdivision does not apply to a family or individual
who was enrolled in MinnesotaCare within six months or less of reapplication
and who no longer has employer-subsidized coverage due to the employer
terminating health care coverage as an employee benefit. This subdivision does not apply to
children with family gross incomes that are equal to or less than 200 percent
of federal poverty guidelines.
(c) For purposes of this requirement, subsidized health
coverage means health coverage for which the employer pays at least 50 percent
of the cost of coverage for the employee or dependent, or a higher percentage
as specified by the commissioner.
Children are eligible for employer-subsidized coverage through either
parent, including the noncustodial parent.
The commissioner must treat employer contributions to Internal Revenue
Code Section 125 plans and any other employer benefits intended to pay health
care costs as qualified employer subsidies toward the cost of health coverage
for employees for purposes of this subdivision.
EFFECTIVE DATE.
This section is effective July 1, 2009, or upon federal approval,
whichever is later.
Sec. 65. Minnesota
Statutes 2008, section 256L.07, subdivision 3, is amended to read:
Subd. 3. Other health coverage. (a) Families and individuals enrolled in the
MinnesotaCare program must have no health coverage while enrolled or for at
least four months prior to application and renewal. Children with family gross incomes equal
to or greater than 200 percent of federal poverty guidelines, and adults, must
have had no health coverage for at least four months prior to application and
renewal. Children enrolled in the
original children's health plan and children in families with income equal to
or less than 150 200 percent of the federal poverty guidelines,
who have other health insurance, are eligible if the coverage:
(1) lacks two or more of the following:
(i) basic hospital insurance;
(ii) medical-surgical insurance;
(iii) prescription drug coverage;
(iv) dental coverage; or
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(v) vision coverage;
(2) requires a deductible of $100 or more per person per
year; or
(3) lacks coverage because the child has exceeded the maximum
coverage for a particular diagnosis or the policy excludes a particular
diagnosis.
The commissioner may change this eligibility criterion for
sliding scale premiums in order to remain within the limits of available
appropriations. The requirement of no
health coverage does not apply to newborns.
(b) Medical assistance, general assistance medical care, and
the Civilian Health and Medical Program of the Uniformed Service, CHAMPUS, or
other coverage provided under United States Code, title 10, subtitle A, part
II, chapter 55, are not considered insurance or health coverage for purposes of
the four-month requirement described in this subdivision.
(c) For purposes of this subdivision, an applicant or
enrollee who is entitled to Medicare Part A or enrolled in Medicare Part B
coverage under title XVIII of the Social Security Act, United States Code,
title 42, sections 1395c to 1395w-152, is considered to have health
coverage. An applicant or enrollee who
is entitled to premium-free Medicare Part A may not refuse to apply for or
enroll in Medicare coverage to establish eligibility for MinnesotaCare.
(d) Applicants who were recipients of medical assistance or
general assistance medical care within one month of application must meet the
provisions of this subdivision and subdivision 2.
(e) Cost-effective health insurance that was paid for by
medical assistance is not considered health coverage for purposes of the
four-month requirement under this section, except if the insurance continued
after medical assistance no longer considered it cost-effective or after
medical assistance closed.
EFFECTIVE DATE.
This section is effective July 1, 2009, or upon federal approval,
whichever is later.
Sec. 66. Minnesota
Statutes 2008, section 256L.07, is amended by adding a subdivision to read:
Subd. 8. Automatic eligibility for certain children. Any child who was residing in foster care
or a juvenile residential correctional facility on the child's 18th birthday is
automatically deemed eligible for MinnesotaCare upon termination or release
until the child reaches the age of 21, and is exempt from the requirements of
this section and section 256L.15. To be
enrolled under this section, a child must complete an initial application for
MinnesotaCare. The commissioner shall
contact individuals enrolled under this section annually to ensure the
individual continues to reside in the state and is interested in continuing
MinnesotaCare coverage.
EFFECTIVE DATE.
This section is effective July 1, 2009, or upon federal approval,
whichever is later.
Sec. 67. Minnesota Statutes
2008, section 256L.11, subdivision 1, is amended to read:
Subdivision 1. Medical assistance rate to be used. (a) Payment to providers under
sections 256L.01 to 256L.11 shall be at the same rates and conditions
established for medical assistance, except as provided in subdivisions 2 to 6.
(b) Effective for services provided on or after July 1, 2009,
total payments for basic care services shall be reduced by three percent, in
accordance with section 256B.766.
Payments made to managed care plans shall be reduced for services
provided on or after October 1, 2009, to reflect this reduction.
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Sec. 68. Minnesota
Statutes 2008, section 256L.15, subdivision 2, is amended to read:
Subd. 2. Sliding fee scale; monthly gross individual
or family income. (a) The
commissioner shall establish a sliding fee scale to determine the percentage of
monthly gross individual or family income that households at different income
levels must pay to obtain coverage through the MinnesotaCare program. The sliding fee scale must be based on the
enrollee's monthly gross individual or family income. The sliding fee scale must contain separate
tables based on enrollment of one, two, or three or more persons. Until June 30, 2009, the sliding fee scale
begins with a premium of 1.5 percent of monthly gross individual or family
income for individuals or families with incomes below the limits for the
medical assistance program for families and children in effect on January 1,
1999, and proceeds through the following evenly spaced steps: 1.8, 2.3, 3.1, 3.8, 4.8, 5.9, 7.4, and 8.8
percent. These percentages are matched
to evenly spaced income steps ranging from the medical assistance income limit
for families and children in effect on January 1, 1999, to 275 percent of the
federal poverty guidelines for the applicable family size, up to a family size
of five. The sliding fee scale for a
family of five must be used for families of more than five. The sliding fee scale and percentages are not
subject to the provisions of chapter 14.
If a family or individual reports increased income after enrollment,
premiums shall be adjusted at the time the change in income is reported.
(b) Children in families whose gross income is above 275
percent of the federal poverty guidelines shall pay the maximum premium. The maximum premium is defined as a base
charge for one, two, or three or more enrollees so that if all MinnesotaCare
cases paid the maximum premium, the total revenue would equal the total cost of
MinnesotaCare medical coverage and administration. In this calculation, administrative costs
shall be assumed to equal ten percent of the total. The costs of medical coverage for pregnant
women and children under age two and the enrollees in these groups shall be
excluded from the total. The maximum
premium for two enrollees shall be twice the maximum premium for one, and the
maximum premium for three or more enrollees shall be three times the maximum
premium for one.
(c) Beginning July 1, 2009, MinnesotaCare enrollees shall pay
premiums according to the premium scale specified in paragraph (d) with the
exception that children in families with income at or below 150 200 percent
of the federal poverty guidelines shall pay a monthly premium of $4
no premiums. For purposes of
paragraph (d), "minimum" means a monthly premium of $4.
(d) The following premium scale is established for
individuals and families with gross family incomes of 300 percent of the
federal poverty guidelines or less:
Federal Poverty Guideline Range Percent of Average Gross Monthly Income
0-45% minimum
46-54% 1.1%
55-81% 1.6%
82-109% 2.2%
110-136% 2.9%
137-164% 3.6%
165-191% 4.6%
192-219% 5.6%
220-248% 6.5%
249-274% 7.2%
275-300% 8.0%
EFFECTIVE DATE.
This section is effective July 1, 2009, or upon federal approval,
whichever is later.
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Sec. 69. Minnesota
Statutes 2008, section 256L.15, subdivision 3, is amended to read:
Subd. 3. Exceptions to sliding scale. Children in families with income at or below 150
200 percent of the federal poverty guidelines shall pay a no
monthly premium of $4 premiums.
EFFECTIVE DATE.
This section is effective July 1, 2009, or upon federal approval,
whichever is later.
Sec. 70. Minnesota
Statutes 2008, section 256L.17, subdivision 3, is amended to read:
Subd. 3. Documentation. (a) The commissioner of human services shall
require individuals and families, at the time of application or renewal, to
indicate on a checkoff form developed by the commissioner whether they
satisfy the MinnesotaCare asset requirement.
(b) The commissioner may require individuals and families to
provide any information the commissioner determines necessary to verify
compliance with the asset requirement, if the commissioner determines that
there is reason to believe that an individual or family has assets that exceed
the program limit.
Sec. 71. Minnesota
Statutes 2008, section 256L.17, subdivision 5, is amended to read:
Subd. 5. Exemption. This section does not apply to pregnant women
or children. For purposes of this
subdivision, a woman is considered pregnant for 60 days postpartum.
Sec. 72. Minnesota
Statutes 2008, section 501B.89, is amended by adding a subdivision to read:
Subd. 4. Annual filing requirement for supplemental needs trusts. (a) A trustee of a trust under subdivision
3 and United States Code, title 42, section 1396p(d)(4)(A) or (C), shall submit
to the commissioner of human services, at the time of a beneficiary's request
for medical assistance, the following information about the trust:
(1) a copy of the trust instrument; and
(2) an inventory of the beneficiary's trust account assets and
the value of those assets.
(b) A trustee of a trust under subdivision 3 and United States
Code, title 42, section 1396p(d)(4)(A) or (C), shall submit an accounting of
the beneficiary's trust account to the commissioner of human services at least
annually until the trust, or the beneficiary's interest in the trust,
terminates. Accountings are due on the
anniversary of the execution date of the trust unless another annual date is
established by the terms of the trust.
The accounting must include the following information for the accounting
period:
(1) an inventory of trust assets and the value of those assets
at the beginning of the accounting period;
(2) additions to the trust during the accounting period and
the source of those additions;
(3) itemized distributions from the trust during the
accounting period, including the purpose of the distributions and to whom the
distributions were made;
(4) an inventory of trust assets and the value of those assets
at the end of the accounting period; and
(5) changes to the trust instrument during the accounting
period.
(c) For the purpose of paragraph (b), an accounting period is
12 months unless an accounting period of a different length is permitted by the
commissioner.
EFFECTIVE DATE.
This section is effective for applications for medical assistance and
renewals of medical assistance submitted on or after July 1, 2009.
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Sec. 73. Minnesota
Statutes 2008, section 519.05, is amended to read:
519.05 LIABILITY OF HUSBAND AND WIFE.
(a) A spouse is not liable to a creditor for any debts of the
other spouse. Where husband and wife are
living together, they shall be jointly and severally liable for necessary
medical services that have been furnished to either spouse, including any
claims arising under section 246.53, 256B.15, 256D.16, or 261.04, and
necessary household articles and supplies furnished to and used by the
family. Notwithstanding this paragraph,
in a proceeding under chapter 518 the court may apportion such debt between the
spouses.
(b) Either spouse may close a credit card account or other
unsecured consumer line of credit on which both spouses are contractually
liable, by giving written notice to the creditor.
Sec. 74. Laws 2003, First
Special Session chapter 14, article 13C, section 2, subdivision 1, as amended
by Laws 2004, chapter 272, article 2, section 2, is amended to read:
Subdivision
1. Total
Appropriation $3,848,049,000 $4,135,780,000
Summary
by Fund
General 3,301,811,000 3,561,055,000
State Government
Special Revenue 534,000 534,000
Health Care Access 273,723,000 302,272,000
Federal TANF 270,425,000 270,363,000
Lottery Cash Flow 1,556,000 1,556,000
Federal Contingency Appropriation. (a) Federal Medicaid funds made available under title
IV of the federal Jobs and Growth Tax Relief Reconciliation Act of 2003 are
appropriated to the commissioner of human services for use in the state's
medical assistance and MinnesotaCare programs.
The commissioners of human services and finance shall report to the
legislative advisory committee on the additional federal Medicaid matching
funds that will be available to the state.
(b) Because of the availability of these
funds, the following policies shall become effective:
(1) medical assistance and
MinnesotaCare eligibility and local financial participation changes provided
for in this act may be implemented prior to September 2, 2003, or may be
delayed as necessary to maximize the use of federal funds received under title
IV of the Jobs and Growth Tax Relief Reconciliation Act of 2003;
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(2) the aggregate cap on the services
identified in Minnesota Statutes, section 256L.035, paragraph (a), clause (3),
shall be increased from $2,000 to $5,000.
This increase shall expire at the end of fiscal year 2007. Funds may be transferred from the general fund
to the health care access fund as necessary to implement this provision; and
(3) the following payment shifts
shall not be implemented:
(i) MFIP payment shift found in
subdivision 11;
(ii) the county payment shift found
in subdivision 1; and
(iii) the delay in medical assistance
and general assistance medical care fee-for-service payments found in
subdivision 6.
(c) Notwithstanding section 14,
paragraphs (a) and (b) shall expire June 30, 2007.
Receipts for Systems Projects. Appropriations and federal receipts
for information system projects for MAXIS, PRISM, MMIS, and SSIS must be
deposited in the state system account authorized in Minnesota Statutes, section
256.014. Money appropriated for computer
projects approved by the Minnesota office of technology, 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.
Gifts. Notwithstanding Minnesota Statutes, chapter
7, the commissioner may accept on behalf of the state additional funding from
sources other than state funds for the purpose of financing the cost of
assistance program grants or nongrant administration. All additional funding is appropriated to the
commissioner for use as designated by the grantor of funding.
Systems Continuity. In the event of disruption of
technical systems or computer operations, the commissioner may use available
grant appropriations to ensure continuity of payments for maintaining the
health, safety, and well-being of clients served by programs administered by
the department of human services. Grant
funds must be used in a manner consistent with the original intent of the
appropriation.
Nonfederal Share Transfers. The nonfederal share of activities
for which federal administrative reimbursement is appropriated to the
commissioner may be transferred to the special revenue fund.
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TANF Funds Appropriated to Other Entities. Any expenditures from the TANF block grant shall be expended
in accordance with the requirements and limitations of part A of title IV of
the Social Security Act, as amended, and any other applicable federal
requirement or limitation. Prior to any
expenditure of these funds, the commissioner shall assure that funds are
expended in compliance with the requirements and limitations of federal law and
that any reporting requirements of federal law are met. It shall be the responsibility of any entity
to which these funds are appropriated to implement a memorandum of
understanding with the commissioner that provides the necessary assurance of
compliance prior to any expenditure of funds.
The commissioner shall receipt TANF funds appropriated to other state
agencies and coordinate all related interagency accounting transactions
necessary to implement these appropriations.
Unexpended TANF funds appropriated to any state, local, or nonprofit
entity cancel at the end of the state fiscal year unless appropriating language
permits otherwise.
TANF Funds Transferred to Other Federal Grants. The commissioner must authorize transfers from TANF to other
federal block grants so that funds are available to meet the annual expenditure
needs as appropriated. Transfers may be
authorized prior to the expenditure year with the agreement of the receiving
entity. Transferred funds must be
expended in the year for which the funds were appropriated unless appropriation
language permits otherwise. In
accelerating transfer authorizations, the commissioner must aim to preserve the
future potential transfer capacity from TANF to other block grants.
TANF Maintenance of Effort. (a) In order to meet the basic maintenance of effort (MOE)
requirements of the TANF block grant specified under Code of Federal
Regulations, title 45, section 263.1, the commissioner may only report
nonfederal money expended for allowable activities listed in the following
clauses as TANF/MOE expenditures:
(1) MFIP cash, diversionary work
program, and food assistance benefits under Minnesota Statutes, chapter 256J;
(2) the child care assistance
programs under Minnesota Statutes, sections 119B.03 and 119B.05, and county
child care administrative costs under Minnesota Statutes, section 119B.15;
(3) state and county MFIP
administrative costs under Minnesota Statutes, chapters 256J and 256K;
(4) state, county, and tribal MFIP
employment services under Minnesota Statutes, chapters 256J and 256K;
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(5) expenditures made on behalf of noncitizen MFIP
recipients who qualify for the medical assistance without federal financial
participation program under Minnesota Statutes, section 256B.06, subdivision 4,
paragraphs (d), (e), and (j); and
(6) qualifying working family credit expenditures
under Minnesota Statutes, section 290.0671.
(b) The commissioner shall ensure that sufficient
qualified nonfederal expenditures are made each year to meet the state's
TANF/MOE requirements. For the
activities listed in paragraph (a), clauses (2) to (6), the commissioner may
only report expenditures that are excluded from the definition of assistance
under Code of Federal Regulations, title 45, section 260.31.
(c) By August 31 of each year, the commissioner shall
make a preliminary calculation to determine the likelihood that the state will
meet its annual federal work participation requirement under Code of Federal
Regulations, title 45, sections 261.21 and 261.23, after adjustment for any
caseload reduction credit under Code of Federal Regulations, title 45, section
261.41. If the commissioner determines
that the state will meet its federal work participation rate for the federal
fiscal year ending that September, the commissioner may reduce the expenditure
under paragraph (a), clause (1), to the extent allowed under Code of Federal
Regulations, title 45, section 263.1(a)(2).
(d) For fiscal years beginning with state fiscal year
2003, the commissioner shall assure that the maintenance of effort used by the
commissioner of finance for the February and November forecasts required under
Minnesota Statutes, section 16A.103, contains expenditures under paragraph (a),
clause (1), equal to at least 25 percent of the total required under Code of
Federal Regulations, title 45, section 263.1.
(e) If nonfederal expenditures for the programs and
purposes listed in paragraph (a) are insufficient to meet the state's TANF/MOE
requirements, the commissioner shall recommend additional allowable sources of
nonfederal expenditures to the legislature, if the legislature is or will be in
session to take action to specify additional sources of nonfederal expenditures
for TANF/MOE before a federal penalty is imposed. The commissioner shall otherwise provide
notice to the legislative commission on planning and fiscal policy under
paragraph (g).
(f) If the commissioner uses authority granted under
section 11, or similar authority granted by a subsequent legislature, to meet
the state's TANF/MOE requirement in a reporting period, the commissioner shall
inform the chairs of the appropriate legislative committees about all transfers
made under that authority for this purpose.
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(g) If the commissioner determines that
nonfederal expenditures under paragraph (a) are insufficient to meet TANF/MOE
expenditure requirements, and if the legislature is not or will not be in
session to take timely action to avoid a federal penalty, the commissioner may
report nonfederal expenditures from other allowable sources as TANF/MOE
expenditures after the requirements of this paragraph are met. The commissioner may report nonfederal
expenditures in addition to those specified under paragraph (a) as nonfederal
TANF/MOE expenditures, but only ten days after the commissioner of finance has
first submitted the commissioner's recommendations for additional allowable
sources of nonfederal TANF/MOE expenditures to the members of the legislative
commission on planning and fiscal policy for their review.
(h) The commissioner of finance shall
not incorporate any changes in federal TANF expenditures or nonfederal
expenditures for TANF/MOE that may result from reporting additional allowable
sources of nonfederal TANF/MOE expenditures under the interim procedures in
paragraph (g) into the February or November forecasts required under Minnesota
Statutes, section 16A.103, unless the commissioner of finance has approved the
additional sources of expenditures under paragraph (g).
(i) Minnesota Statutes, section
256.011, subdivision 3, which requires that federal grants or aids secured or
obtained under that subdivision be used to reduce any direct appropriations
provided by law, do not apply if the grants or aids are federal TANF funds.
(j) Notwithstanding section 14,
paragraph (a), clauses (1) to (6), and paragraphs (b) to (j) expire June 30,
2007.
Working Family Credit Expenditures as TANF MOE. The commissioner may claim as TANF maintenance of effort up to
the following amounts of working family credit expenditures for the following
fiscal years:
(1) fiscal year 2004, $7,013,000;
(2) fiscal year 2005, $25,133,000;
(3) fiscal year 2006, $6,942,000; and
(4) fiscal year 2007, $6,707,000.
Fiscal Year 2003 Appropriations Carryforward. Effective the day following final enactment, notwithstanding
Minnesota Statutes, section 16A.28, or any other law to the contrary, state
agencies and constitutional offices may carry forward unexpended and
unencumbered nongrant operating balances from fiscal year 2003 general fund
appropriations into fiscal year 2004 to offset general budget reductions.
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Transfer of Grant Balances. Effective
the day following final enactment, the commissioner of human services, with the
approval of the commissioner of finance and after notification of the chair of
the senate health, human services and corrections budget division and the chair
of the house of representatives health and human services finance committee,
may transfer unencumbered appropriation balances for the biennium ending June
30, 2003, in fiscal year 2003 among the MFIP, MFIP child care assistance under Minnesota
Statutes, section 119B.05, general assistance, general assistance medical care,
medical assistance, Minnesota supplemental aid, and group residential housing
programs, and the entitlement portion of the chemical dependency consolidated
treatment fund, and between fiscal years of the biennium.
TANF Appropriation Cancellation. Notwithstanding
the provisions of Laws 2000, chapter 488, article 1, section 16, any prior
appropriations of TANF funds to the department of trade and economic
development or to the job skills partnership board or any transfers of TANF
funds from another agency to the department of trade and economic development
or to the job skills partnership board are not available until expended, and if
unobligated as of June 30, 2003, these appropriations or transfers shall cancel
to the TANF fund.
Shift County Payment. The
commissioner shall make up to 100 percent of the calendar year 2005 payments to
counties for developmental disabilities semi-independent living services
grants, developmental disabilities family support grants, and adult mental
health grants from fiscal year 2006 appropriations. This is a onetime payment shift. Calendar year 2006 and future payments for
these grants are not affected by this shift.
This provision expires June 30, 2006.
Capitation Rate Increase. Of
the health care access fund appropriations to the University of Minnesota in
the higher education omnibus appropriation bill, $2,157,000 in fiscal year
2004 and $2,157,000 in fiscal year 2005 are to be used to increase the
capitation payments under for fiscal years beginning July 1, 2003, and
thereafter, $2,157,000 each year shall be transferred to the commissioner for
purposes of Minnesota Statutes, section 256B.69. Notwithstanding the provisions of section 14,
this provision shall not expire.
Sec.
75. ASTHMA
COVERAGE DEMONSTRATION PROJECT.
Subdivision
1.
Medical assistance coverage. The commissioner of human services shall
establish a demonstration project to provide additional medical assistance
coverage for a maximum of 200 American Indian children in Minneapolis, St.
Paul, and Duluth who are burdened by health disparities associated with the
cumulative health impact of toxic environmental exposures. Under this demonstration project, the
additional medical assistance coverage for this population must include, but is
not limited to, the following durable medical equipment: high efficiency particulate air (HEPA)
cleaners, HEPA vacuum cleaners, allergy bed and pillow encasements, high
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filtration
filters for forced air gas furnaces, and dehumidifiers with medical tubing to
connect the appliance to a floor drain, if the listed item is medically
necessary to reduce asthma symptoms.
Provision of these items must be preceded by a home environmental
assessment for triggers of asthma and in-home asthma education on the proper
medical management of asthma by a Certified Asthma Educator or public health
nurse with asthma management training.
Subd. 2.
Report. (a) Two years following implementation of
the medical assistance coverage demonstration project established under this
section, the commissioner of health, in collaboration with the Department of
Human Services, must report to the legislature on the number of asthma-related
hospital admittances that occurred in the population of children described in
subdivision 1, before and after implementation of the demonstration project,
and whether the demonstration project had an impact on asthma-related school
absenteeism for this population of children.
(b) The commissioner of health must
seek nonstate funding to conduct this report.
The reporting requirement is contingent upon the availability of
nonstate funds.
Sec. 76. CLAIMS AND UTILIZATION DATA.
The commissioner of human services, in
consultation with the Health Services Policy Committee, shall develop and
provide to the legislature by December 15, 2009, a methodology and any draft
legislation necessary to allow for the release, upon request, of summary data
as defined in Minnesota Statutes, section 13.02, subdivision 19, on claims and
utilization for medical assistance, general assistance medical care, and
MinnesotaCare enrollees at no charge to the University of Minnesota Medical
School, the Mayo Medical School, Northwestern Health Sciences University, the
Institute for Clinical Systems Improvement, and other research institutions, to
conduct analyses of health care outcomes and treatment effectiveness, provided
the research institutions do not release private or nonpublic data, or data for
which dissemination is prohibited by law.
Sec. 77. ADMINISTRATION OF PUBLICLY FUNDED HEALTH
CARE PROGRAMS.
(a) The commissioner of human
services, in cooperation with the representatives of county human services
agencies and with input from organizations that advocate on behalf of families
and children, shall develop a plan that, to the extent feasible, seeks to align
standards, income and asset methodologies, and procedures for families and
children under medical assistance and MinnesotaCare. The commissioner shall evaluate the impact of
different approaches toward alignment on the number of potential medical
assistance and MinnesotaCare enrollees who are families and children, and on
administrative, health care, and other costs to the state. The commissioner shall present
recommendations to the legislative committees with jurisdiction over health
care by September 15, 2010.
(b) The commissioner shall report in
detail to the chair of the Health Care and Human Services Finance Committee of
the house of representatives and to the chair of the Health and Human Services
Division of the Finance Committee of the senate, prior to entering into any
contracts involving counties for streamlined electronic enrollment and
eligibility determinations for publicly funded health care programs, if such
contracts would require payment from either the general fund, or the health
care access fund, as described in Minnesota Statutes, sections 295.58 and
297I.05.
Sec. 78. COBRA PREMIUM STATE SUBSIDY.
Subdivision 1.
Eligibility. (a) An individual and the individual's
qualified beneficiaries shall be eligible for a state premium subsidy equal to
35 percent of the premiums the individual is required to pay for the
continuation of health care coverage under COBRA, if the individual and the
individual's qualified beneficiaries:
(1) are eligible for the 65 percent
COBRA continuation premium subsidy for health care coverage under the American
Recovery and Reinvestment Act of 2009;
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(2) elect COBRA continuation health
care coverage; and
(3) are eligible for medical assistance
under Minnesota Statutes, chapter 256B; general assistance medical care under
Minnesota Statutes, section 256D.03; or MinnesotaCare under Minnesota Statutes,
chapter 256L, except for the four-month barrier requirement under Minnesota
Statutes, section 256L.07, subdivision 3.
(b) Eligibility for the state subsidy
shall continue for as long as the individual remains eligible for the COBRA
premium subsidies provided under the American Recovery and Reinvestment Act of
2009.
Subd. 2.
Subsidy. (a) The commissioner of human services
shall pay 35 percent of the COBRA premiums that the individual must pay for
continuation health care coverage for the individual and the individual's
qualified beneficiaries, if the individual and the individual's qualified
beneficiaries meet the requirements in subdivision 1.
(b) The state subsidy payment required
under this section shall be made directly to the entity to which the individual
is required to make COBRA premium payments.
(c) If any eligible individual has
paid either the full amount of the COBRA premiums or 35 percent of the COBRA
premiums before the date of enactment of this section, the individual is not
entitled to a reimbursement of any premium paid.
Subd. 3.
Notification. (a) All employers and plan administrators
who are required to provide notice to all qualified individuals under the
American Recovery and Reinvestment Act of 2009 must include information to
qualified individuals residing in Minnesota of the availability of the state
subsidy available under this section.
The notice shall include the eligibility requirements for the state
subsidy and that the individual must apply to the commissioner of human
services to receive the state subsidy.
(b) The commissioner of employment and
economic development must inform an applicant for unemployment benefits of the
availability of a state subsidy if the applicant elects COBRA continuation
coverage and the applicant meets the eligibility requirements of this section.
Subd. 4.
Exemption. Any individual who receives a state
subsidy under this section is exempt from the four-month requirement under
Minnesota Statutes, section 256L.07, subdivision 3, if the individual or the
individual's qualified beneficiaries apply for MinnesotaCare after the individual
no longer receives COBRA continuation coverage.
Subd. 5.
Expiration. This section expires December 31, 2010.
Sec. 79. FEDERAL APPROVAL.
The commissioner of human services
shall resubmit for federal approval the elimination of depreciation for
self-employed farmers in determining income eligibility for MinnesotaCare
passed in Laws 2007, chapter 147, article 5, section 19.
Sec. 80. REPEALER.
Minnesota Statutes 2008, sections
256.962, subdivision 7; and 256L.17, subdivision 6, are repealed.
ARTICLE 6
TECHNICAL
Section 1.
Minnesota Statutes 2008, section 144A.46, subdivision 1, is amended to
read:
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Subdivision 1. License required. (a) A home care provider may not operate in
the state without a current license issued by the commissioner of health. A home care provider may hold a separate
license for each class of home care licensure.
(b) Within ten days after receiving an application for
a license, the commissioner shall acknowledge receipt of the application in
writing. The acknowledgment must
indicate whether the application appears to be complete or whether additional
information is required before the application will be considered complete. Within 90 days after receiving a complete
application, the commissioner shall either grant or deny the license. If an applicant is not granted or denied a
license within 90 days after submitting a complete application, the license
must be deemed granted. An applicant
whose license has been deemed granted must provide written notice to the
commissioner before providing a home care service.
(c) Each application for a home care provider license,
or for a renewal of a license, shall be accompanied by a fee to be set by the
commissioner under section 144.122.
(d) The commissioner of health, in consultation with
the commissioner of human services, shall provide recommendations to the
legislature by February 15, 2009, for provider standards for personal care
assistant services as described in section 256B.0655 256B.0659.
Sec. 2.
Minnesota Statutes 2008, section 176.011, subdivision 9, is amended to
read:
Subd. 9. Employee. "Employee" means any person who
performs services for another for hire including the following:
(1) an alien;
(2) a minor;
(3) a sheriff, deputy sheriff, police officer,
firefighter, county highway engineer, and peace officer while engaged in the
enforcement of peace or in the pursuit or capture of a person charged with or
suspected of crime;
(4) a person requested or commanded to aid an officer
in arresting or retaking a person who has escaped from lawful custody, or in
executing legal process, in which cases, for purposes of calculating
compensation under this chapter, the daily wage of the person shall be the
prevailing wage for similar services performed by paid employees;
(5) a county assessor;
(6) an elected or appointed official of the state, or
of a county, city, town, school district, or governmental subdivision in the
state. An officer of a political
subdivision elected or appointed for a regular term of office, or to complete
the unexpired portion of a regular term, shall be included only after the
governing body of the political subdivision has adopted an ordinance or
resolution to that effect;
(7) an executive officer of a corporation, except
those executive officers excluded by section 176.041;
(8) a voluntary uncompensated worker, other than an
inmate, rendering services in state institutions under the commissioners of
human services and corrections similar to those of officers and employees of
the institutions, and whose services have been accepted or contracted for by
the commissioner of human services or corrections as authorized by law. In the event of injury or death of the
worker, the daily wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid at the time of
the injury or death for similar services in institutions where the services are
performed by paid employees;
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(9) a voluntary uncompensated worker engaged in
emergency management as defined in section 12.03, subdivision 4, who is:
(i) registered with the state or any political
subdivision of it, according to the procedures set forth in the state or
political subdivision emergency operations plan; and
(ii) acting under the direction and control of, and
within the scope of duties approved by, the state or political subdivision.
The daily wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid at the time of
the injury or death for similar services performed by paid employees;
(10) a voluntary uncompensated worker participating in
a program established by a local social services agency. For purposes of this clause, "local
social services agency" means any agency established under section
393.01. In the event of injury or death
of the worker, the wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid in the county at
the time of the injury or death for similar services performed by paid
employees working a normal day and week;
(11) a voluntary uncompensated worker accepted by the
commissioner of natural resources who is rendering services as a volunteer
pursuant to section 84.089. The daily
wage of the worker for the purpose of calculating compensation under this chapter,
shall be the usual wage paid at the time of injury or death for similar
services performed by paid employees;
(12) a voluntary uncompensated worker in the building
and construction industry who renders services for joint labor-management
nonprofit community service projects.
The daily wage of the worker for the purpose of calculating compensation
under this chapter shall be the usual wage paid at the time of injury or death
for similar services performed by paid employees;
(13) a member of the military forces, as defined in
section 190.05, while in state active service, as defined in section 190.05,
subdivision 5a. The daily wage of the
member for the purpose of calculating compensation under this chapter shall be
based on the member's usual earnings in civil life. If there is no evidence of previous
occupation or earning, the trier of fact shall consider the member's earnings
as a member of the military forces;
(14) a voluntary uncompensated worker, accepted by the
director of the Minnesota Historical Society, rendering services as a
volunteer, pursuant to chapter 138. The
daily wage of the worker, for the purposes of calculating compensation under
this chapter, shall be the usual wage paid at the time of injury or death for
similar services performed by paid employees;
(15) a voluntary uncompensated worker, other than a
student, who renders services at the Minnesota State Academy for the Deaf or
the Minnesota State Academy for the Blind, and whose services have been
accepted or contracted for by the commissioner of education, as authorized by
law. In the event of injury or death of
the worker, the daily wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid at the time of
the injury or death for similar services performed in institutions by paid
employees;
(16) a voluntary uncompensated worker, other than a
resident of the veterans home, who renders services at a Minnesota veterans
home, and whose services have been accepted or contracted for by the
commissioner of veterans affairs, as authorized by law. In the event of injury or death of the
worker, the daily wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid at the time of
the injury or death for similar services performed in institutions by paid
employees;
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(17) a
worker performing services under section 256B.0655 256B.0659 for
a recipient in the home of the recipient or in the community under section
256B.0625, subdivision 19a, who is paid from government funds through a fiscal
intermediary under section 256B.0655, subdivision 7 256B.0659,
subdivision 33. For purposes of
maintaining workers' compensation insurance, the employer of the worker is as
designated in law by the commissioner of the Department of Human Services,
notwithstanding any other law to the contrary;
(18) students
enrolled in and regularly attending the Medical School of the University of
Minnesota in the graduate school program or the postgraduate program. The students shall not be considered
employees for any other purpose. In the
event of the student's injury or death, the weekly wage of the student for the
purpose of calculating compensation under this chapter, shall be the annualized
educational stipend awarded to the student, divided by 52 weeks. The institution in which the student is
enrolled shall be considered the "employer" for the limited purpose
of determining responsibility for paying benefits under this chapter;
(19) a
faculty member of the University of Minnesota employed for an academic year is
also an employee for the period between that academic year and the succeeding
academic year if:
(a) the
member has a contract or reasonable assurance of a contract from the University
of Minnesota for the succeeding academic year; and
(b) the
personal injury for which compensation is sought arises out of and in the
course of activities related to the faculty member's employment by the
University of Minnesota;
(20) a
worker who performs volunteer ambulance driver or attendant services is an
employee of the political subdivision, nonprofit hospital, nonprofit
corporation, or other entity for which the worker performs the services. The daily wage of the worker for the purpose
of calculating compensation under this chapter shall be the usual wage paid at
the time of injury or death for similar services performed by paid employees;
(21) a
voluntary uncompensated worker, accepted by the commissioner of administration,
rendering services as a volunteer at the Department of Administration. In the event of injury or death of the
worker, the daily wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid at the time of
the injury or death for similar services performed in institutions by paid
employees;
(22) a
voluntary uncompensated worker rendering service directly to the Pollution
Control Agency. The daily wage of the
worker for the purpose of calculating compensation payable under this chapter
is the usual going wage paid at the time of injury or death for similar
services if the services are performed by paid employees;
(23) a
voluntary uncompensated worker while volunteering services as a first responder
or as a member of a law enforcement assistance organization while acting under
the supervision and authority of a political subdivision. The daily wage of the worker for the purpose
of calculating compensation payable under this chapter is the usual going wage
paid at the time of injury or death for similar services if the services are
performed by paid employees;
(24) a
voluntary uncompensated member of the civil air patrol rendering service on the
request and under the authority of the state or any of its political
subdivisions. The daily wage of the
member for the purposes of calculating compensation payable under this chapter
is the usual going wage paid at the time of injury or death for similar
services if the services are performed by paid employees; and
(25) a
Minnesota Responds Medical Reserve Corps volunteer, as provided in sections
145A.04 and 145A.06, responding at the request of or engaged in training
conducted by the commissioner of health.
The daily wage of the volunteer for the purposes of calculating
compensation payable under this chapter is established in section 145A.06. A person who qualifies under this clause and
who may also qualify under another clause of this subdivision shall receive
benefits in accordance with this clause.
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If it is
difficult to determine the daily wage as provided in this subdivision, the
trier of fact may determine the wage upon which the compensation is payable.
Sec.
3. Minnesota Statutes 2008, section
245C.03, subdivision 2, is amended to read:
Subd.
2. Personal
care provider organizations. The
commissioner shall conduct background studies on any individual required under
sections 256B.0651 and 256B.0653 to 256B.0656 and 256B.0659 to
have a background study completed under this chapter.
Sec.
4. Minnesota Statutes 2008, section
245C.04, subdivision 3, is amended to read:
Subd.
3. Personal
care provider organizations. (a) The
commissioner shall conduct a background study of an individual required to be
studied under section 245C.03, subdivision 2, at least upon application for
initial enrollment under sections 256B.0651 and 256B.0653 to 256B.0656
and 256B.0659.
(b)
Organizations required to initiate background studies under sections 256B.0651 and
256B.0653 to 256B.0656 and 256B.0659 for individuals described in
section 245C.03, subdivision 2, must submit a completed background study form
to the commissioner before those individuals begin a position allowing direct
contact with persons served by the organization.
Sec.
5. Minnesota Statutes 2008, section
245C.10, subdivision 3, is amended to read:
Subd.
3. Personal
care provider organizations. The
commissioner shall recover the cost of background studies initiated by a
personal care provider organization under sections 256B.0651 and 256B.0653
to 256B.0656 and 256B.0659 through a fee of no more than $20 per study
charged to the organization responsible for submitting the background study
form. The fees collected under this
subdivision are appropriated to the commissioner for the purpose of conducting
background studies.
Sec.
6. Minnesota Statutes 2008, section
256B.04, subdivision 16, is amended to read:
Subd.
16. Personal
care services. (a) Notwithstanding
any contrary language in this paragraph, the commissioner of human services and
the commissioner of health shall jointly promulgate rules to be applied to the
licensure of personal care services provided under the medical assistance
program. The rules shall consider
standards for personal care services that are based on the World Institute on
Disability's recommendations regarding personal care services. These rules shall at a minimum consider the
standards and requirements adopted by the commissioner of health under section
144A.45, which the commissioner of human services determines are applicable to
the provision of personal care services, in addition to other standards or
modifications which the commissioner of human services determines are
appropriate.
The
commissioner of human services shall establish an advisory group including
personal care consumers and providers to provide advice regarding which
standards or modifications should be adopted.
The advisory group membership must include not less than 15 members, of
which at least 60 percent must be consumers of personal care services and
representatives of recipients with various disabilities and diagnoses and
ages. At least 51 percent of the members
of the advisory group must be recipients of personal care.
The
commissioner of human services may contract with the commissioner of health to
enforce the jointly promulgated licensure rules for personal care service
providers.
Prior to
final promulgation of the joint rule the commissioner of human services shall
report preliminary findings along with any comments of the advisory group and a
plan for monitoring and enforcement by the Department of Health to the
legislature by February 15, 1992.
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Limits on the extent of personal care services that
may be provided to an individual must be based on the cost-effectiveness of the
services in relation to the costs of inpatient hospital care, nursing home
care, and other available types of care.
The rules must provide, at a minimum:
(1) that agencies be selected to contract with or
employ and train staff to provide and supervise the provision of personal care
services;
(2) that agencies employ or contract with a qualified applicant
that a qualified recipient proposes to the agency as the recipient's choice of
assistant;
(3) that agencies bill the medical assistance program
for a personal care service by a personal care assistant and supervision by a
qualified professional supervising the personal care assistant unless the
recipient selects the fiscal agent option under section 256B.0655,
subdivision 7 256B.0659, subdivision 33;
(4) that agencies establish a grievance mechanism; and
(5) that agencies have a quality assurance program.
(b) The commissioner may waive the requirement for the
provision of personal care services through an agency in a particular county,
when there are less than two agencies providing services in that county and
shall waive the requirement for personal care assistants required to join an
agency for the first time during 1993 when personal care services are provided
under a relative hardship waiver under Minnesota Statutes 1992, section
256B.0627, subdivision 4, paragraph (b), clause (7), and at least two agencies
providing personal care services have refused to employ or contract with the
independent personal care assistant.
Sec. 7.
Minnesota Statutes 2008, 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 the child requires a level of care provided in a hospital, nursing
facility, or intermediate care facility for persons with developmental
disabilities, for whom home care is appropriate, provided that the cost to
medical assistance under this section is not more than the amount that medical
assistance would pay for if the child resides in an institution. After the child is determined to be eligible
under this section, the commissioner shall review the child's disability under
United States Code, title 42, section 1382c(a) and level of care defined under
this section no more often than annually and may elect, based on the
recommendation of health care professionals under contract with the state
medical review team, to extend the review of disability and level of care up to
a maximum of four years. The
commissioner's decision on the frequency of continuing review of disability and
level of care is not subject to administrative appeal under section
256.045. The county agency shall send a
notice of disability review to the enrollee six months prior to the date the
recertification of disability is due.
Nothing in this subdivision shall be construed as affecting other
redeterminations of medical assistance eligibility under this chapter and
annual cost-effective reviews under this section.
(b) For purposes of this subdivision,
"hospital" means an institution as defined in section 144.696,
subdivision 3, 144.55, subdivision 3, or Minnesota Rules, part 4640.3600, and
licensed pursuant to sections 144.50 to 144.58.
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 need
an extensive array of health services, including mental health services, for an
undetermined period of time, whose health condition requires frequent
monitoring and treatment by a health care professional or by a person
supervised by a health care professional, who would reside in a hospital or
require frequent hospitalization if these services were not provided, and the
daily care needs are more complex than a nursing facility level of care.
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A child with serious emotional disturbance requires a
level of care provided in a hospital 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, "nursing
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 meet the
requirements of the preadmission screening assessment document under section
256B.0911 and the home care independent rating document under section
256B.0655, subdivision 4, clause (3), adjusted to address age-appropriate
standards for children age 18 and under, pursuant to section 256B.0655,
subdivision 3.
(d) For purposes of this subdivision,
"intermediate care facility for persons with developmental
disabilities" or "ICF/MR" means a program licensed to provide
services to persons with developmental disabilities 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
developmental disabilities 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 a
developmental disability in accordance with section 256B.092, is in need of a
24-hour plan of care and active treatment similar to persons with developmental
disabilities, and there is a reasonable indication that the child will need
ICF/MR services.
(e) For purposes of this subdivision, a person requires
the level of care provided in a nursing facility if the person requires 24-hour
monitoring or supervision and a plan of mental health treatment because of
specific symptoms or functional impairments associated with a serious mental
illness or disorder diagnosis, which meet severity criteria for mental health
established by the commissioner and published in March 1997 as the Minnesota
Mental Health Level of Care for Children and Adolescents with Severe Emotional
Disorders.
(f) 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 parent or guardian, the child's physician or
physicians, and other professionals as requested by the commissioner. The commissioner shall establish a screening
team to conduct the level of care determinations according to this subdivision.
(g) If a child meets the conditions in paragraph (b),
(c), (d), or (e), 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 ICF's/MR;
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(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, part 9505.3520, items F and
G; and
(iii) for a child who requires a level of care
provided in a nursing facility according to paragraph (c) or (e),
cost-effectiveness shall be determined according to Minnesota Rules, part
9505.3040, except that the nursing facility average rate shall be adjusted to
reflect rates which would be paid for children under age 16. The commissioner may authorize an amount up
to the amount medical assistance would pay for a child referred to the commissioner
by the preadmission screening team under section 256B.0911.
(h) 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. 8.
Minnesota Statutes 2008, section 256B.0621, subdivision 2, is amended to
read:
Subd. 2. Targeted case management; definitions. For purposes of subdivisions 3 to 10, the
following terms have the meanings given them:
(1) "home care service recipients" means
those individuals receiving the following services under sections 256B.0651 to
256B.0656 and 256B.0659: skilled
nursing visits, home health aide visits, private duty nursing, personal care
assistants, or therapies provided through a home health agency;
(2) "home care targeted case management"
means the provision of targeted case management services for the purpose of
assisting home care service recipients to gain access to needed services and
supports so that they may remain in the community;
(3) "institutions" means hospitals,
consistent with Code of Federal Regulations, title 42, section 440.10; regional
treatment center inpatient services, consistent with section 245.474; nursing
facilities; and intermediate care facilities for persons with developmental
disabilities;
(4) "relocation targeted case management"
includes the provision of both county targeted case management and public or
private vendor service coordination services for the purpose of assisting
recipients to gain access to needed services and supports if they choose to
move from an institution to the community.
Relocation targeted case management may be provided during the lesser
of:
(i) the last 180 consecutive days of an eligible
recipient's institutional stay; or
(ii) the limits and conditions which apply to federal
Medicaid funding for this service; and
(5) "targeted case management" means case
management services provided to help recipients gain access to needed medical,
social, educational, and other services and supports.
Sec. 9.
Minnesota Statutes 2008, section 256B.0652, subdivision 3, is amended to
read:
Subd. 3. Assessment and prior authorization process. 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 developmental disabilities
shall meet the requirements of sections 256B.0651 and 256B.0653 to
256B.0656 and 256B.0659 with the following exceptions:
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(a) Upon request for home care services and subsequent
assessment by the public health nurse under sections 256B.0651 and 256B.0653
to 256B.0656 and 256B.0659, 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
developmental disabilities.
(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. 10.
Minnesota Statutes 2008, section 256B.0657, subdivision 2, is amended to
read:
Subd. 2. Eligibility. (a) The self-directed supports option is
available to a person who:
(1) is a recipient of medical assistance as determined
under sections 256B.055, 256B.056, and 256B.057, subdivision 9;
(2) is eligible for personal care assistant services
under section 256B.0655 256B.0659;
(3) lives in the person's own apartment or home, which
is not owned, operated, or controlled by a provider of services not related by
blood or marriage;
(4) has the ability to hire, fire, supervise,
establish staff compensation for, and manage the individuals providing
services, and to choose and obtain items, related services, and supports as
described in the participant's plan. If
the recipient is not able to carry out these functions but has a legal guardian
or parent to carry them out, the guardian or parent may fulfill these functions
on behalf of the recipient; and
(5) has not been excluded or disenrolled by the
commissioner.
(b) The commissioner may disenroll or exclude
recipients, including guardians and parents, under the following circumstances:
(1) recipients who have been restricted by the Primary
Care Utilization Review Committee may be excluded for a specified time period;
(2) recipients who exit the self-directed supports
option during the recipient's service plan year shall not access the
self-directed supports option for the remainder of that service plan year; and
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(3) when the department determines that the recipient
cannot manage recipient responsibilities under the program.
Sec. 11.
Minnesota Statutes 2008, section 256B.0657, subdivision 6, is amended to
read:
Subd. 6. Services covered. (a) Services covered under the self-directed
supports option include:
(1) personal care assistant services under section 256B.0655
256B.0659; and
(2) items, related services, and supports, including assistive
technology, that increase independence or substitute for human assistance to
the extent expenditures would otherwise be used for human assistance.
(b) Items, supports, and related services purchased under
this option shall not be considered home care services for the purposes of
section 144A.43.
Sec. 12.
Minnesota Statutes 2008, section 256B.0657, subdivision 8, is amended to
read:
Subd. 8. Self-directed budget requirements. The budget for the provision of the
self-directed service option shall be equal to the greater of either:
(1) the annual amount of personal care assistant
services under section 256B.0655 256B.0659 that the recipient has
used in the most recent 12-month period; or
(2) the amount determined using
the consumer support grant methodology under section 256.476, subdivision 11, except that the budget amount shall
include the federal and nonfederal share of the average service costs.
Sec. 13.
Minnesota Statutes 2008, section 256B.49, subdivision 17, is amended to
read:
Subd. 17. Cost of services and supports. (a) The commissioner shall ensure that the
average per capita expenditures estimated in any fiscal year for home and
community-based waiver recipients does not exceed the average per capita
expenditures that would have been made to provide institutional services for
recipients in the absence of the waiver.
(b) The commissioner shall implement on January 1,
2002, one or more aggregate, need-based methods for allocating to local
agencies the home and community-based waivered service resources available to
support recipients with disabilities in need of the level of care provided in a
nursing facility or a hospital. The
commissioner shall allocate resources to single counties and county
partnerships in a manner that reflects consideration of:
(1) an incentive-based payment process for achieving
outcomes;
(2) the need for a state-level risk pool;
(3) the need for retention of management responsibility
at the state agency level; and
(4) a phase-in strategy as appropriate.
(c) Until the allocation methods described in paragraph
(b) are implemented, the annual allowable reimbursement level of home and
community-based waiver services shall be the greater of:
(1) the statewide average payment amount which the
recipient is assigned under the waiver reimbursement system in place on June
30, 2001, modified by the percentage of any provider rate increase appropriated
for home and community-based services; or
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(2) an
amount approved by the commissioner based on the recipient's extraordinary
needs that cannot be met within the current allowable reimbursement level. The increased reimbursement level must be
necessary to allow the recipient to be discharged from an institution or to
prevent imminent placement in an institution.
The additional reimbursement may be used to secure environmental
modifications; assistive technology and equipment; and increased costs for
supervision, training, and support services necessary to address the
recipient's extraordinary needs. The
commissioner may approve an increased reimbursement level for up to one year of
the recipient's relocation from an institution or up to six months of a
determination that a current waiver recipient is at imminent risk of being
placed in an institution.
(d)
Beginning July 1, 2001, medically necessary private duty nursing services will
be authorized under this section as complex and regular care according to
sections 256B.0651 and 256B.0653 to 256B.0656 and 256B.0659. The rate established by the commissioner for
registered nurse or licensed practical nurse services under any home and
community-based waiver as of January 1, 2001, shall not be reduced.
Sec.
14. Minnesota Statutes 2008, section
256B.501, subdivision 4a, is amended to read:
Subd.
4a. Inclusion
of home care costs in waiver rates.
The commissioner shall adjust the limits of the established average
daily reimbursement rates for waivered services to include the cost of home
care services that may be provided to waivered services recipients. This adjustment must be used to maintain or
increase services and shall not be used by county agencies for inflation
increases for waivered services vendors.
Home care services referenced in this section are those listed in
section 256B.0651, subdivision 2. The
average daily reimbursement rates established in accordance with the provisions
of this subdivision apply only to the combined average, daily costs of waivered
and home care services and do not change home care limitations under sections
256B.0651 and 256B.0653 to 256B.0656 and 256B.0659. Waivered services recipients receiving home
care as of June 30, 1992, shall not have the amount of their services reduced
as a result of this section.
Sec.
15. Minnesota Statutes 2008, section
256G.02, subdivision 6, is amended to read:
Subd.
6. Excluded
time. "Excluded time"
means:
(a) any
period an applicant spends in a hospital, sanitarium, nursing home, shelter
other than an emergency shelter, halfway house, foster home, semi-independent
living domicile or services program, residential facility offering care, board
and lodging facility or other institution for the hospitalization or care of
human beings, as defined in section 144.50, 144A.01, or 245A.02, subdivision
14; maternity home, battered women's shelter, or correctional facility; or any
facility based on an emergency hold under sections 253B.05, subdivisions 1 and
2, and 253B.07, subdivision 6;
(b) any
period an applicant spends on a placement basis in a training and habilitation
program, including a rehabilitation facility or work or employment program as defined
in section 268A.01; or receiving personal care assistant services pursuant to
section 256B.0655, subdivision 2 256B.0659; semi-independent
living services provided under section 252.275, and Minnesota Rules, parts
9525.0500 to 9525.0660; day training and habilitation programs and assisted
living services; and
(c) any
placement for a person with an indeterminate commitment, including independent
living.
Sec.
16. Minnesota Statutes 2008, section
256I.05, subdivision 1a, is amended to read:
Subd.
1a. Supplementary
service rates. (a) Subject to the
provisions of section 256I.04, subdivision 3, 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 provider
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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 funding from the medical assistance program under section 256B.0655,
subdivision 2 256B.0659, for personal care services for residents in
the setting; 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, or personal care services under section 256B.0655,
subdivision 2 256B.0659, then the GRH rate is limited to the rate
set in subdivision 1. Unless otherwise
provided in law, in no case may the supplementary service rate exceed
$426.37. 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.
(b) The
commissioner is authorized to make cost-neutral transfers from the GRH fund for
beds under this section to other funding programs administered by the
department after consultation with the county or counties in which the affected
beds are located. The commissioner may
also make cost-neutral transfers from the GRH fund to county human service
agencies for beds permanently removed from the GRH census under a plan
submitted by the county agency and approved by the commissioner. The commissioner shall report the amount of
any transfers under this provision annually to the legislature.
(c) The
provisions of paragraph (b) do not apply to a facility that has its
reimbursement rate established under section 256B.431, subdivision 4, paragraph
(c).
Sec.
17. Minnesota Statutes 2008, section
256J.45, subdivision 3, is amended to read:
Subd.
3. Good
cause exemptions for not attending orientation. (a) The county agency shall not impose the
sanction under section 256J.46 if it determines that the participant has good
cause for failing to attend orientation.
Good cause exists when:
(1)
appropriate child care is not available;
(2) the
participant is ill or injured;
(3) a
family member is ill and needs care by the participant that prevents the
participant from attending orientation.
For a caregiver with a child or adult in the household who meets the
disability or medical criteria for home care services under section 256B.0655,
subdivision 1c 256B.0659, or a home and community-based waiver
services program under chapter 256B, or meets the criteria for severe emotional
disturbance under section 245.4871, subdivision 6, or for serious and
persistent mental illness under section 245.462, subdivision 20, paragraph (c),
good cause also exists when an interruption in the provision of those services
occurs which prevents the participant from attending orientation;
(4) the
caregiver is unable to secure necessary transportation;
(5) the
caregiver is in an emergency situation that prevents orientation attendance;
(6) the
orientation conflicts with the caregiver's work, training, or school schedule;
or
(7) the
caregiver documents other verifiable impediments to orientation attendance
beyond the caregiver's control.
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(b)
Counties must work with clients to provide child care and transportation
necessary to ensure a caregiver has every opportunity to attend orientation.
Sec.
18. Minnesota Statutes 2008, section
604A.33, subdivision 1, is amended to read:
Subdivision
1. Application. This section applies to residential treatment
programs for children or group homes for children licensed under chapter 245A,
residential services and programs for juveniles licensed under section 241.021,
providers licensed pursuant to sections 144A.01 to 144A.33 or sections 144A.43
to 144A.47, personal care provider organizations under section 256B.0655,
subdivision 1g 256B.0659, providers of day training and habilitation
services under sections 252.40 to 252.46, board and lodging facilities licensed
under chapter 157, intermediate care facilities for persons with developmental
disabilities, and other facilities licensed to provide residential services to
persons with developmental disabilities.
Sec.
19. Minnesota Statutes 2008, section 609.232,
subdivision 11, is amended to read:
Subd.
11. Vulnerable
adult. "Vulnerable adult"
means any person 18 years of age or older who:
(1) is a
resident inpatient of a facility;
(2)
receives services at or from a facility required to be licensed to serve adults
under sections 245A.01 to 245A.15, except that a person receiving outpatient
services for treatment of chemical dependency or mental illness, or one who is
committed as a sexual psychopathic personality or as a sexually dangerous
person under chapter 253B, is not considered a vulnerable adult unless the
person meets the requirements of clause (4);
(3)
receives services from a home care provider required to be licensed under
section 144A.46; or from a person or organization that exclusively offers,
provides, or arranges for personal care assistant services under the medical
assistance program as authorized under sections 256B.04, subdivision 16,
256B.0625, subdivision 19a, 256B.0651, and 256B.0653 to 256B.0656 and
256B.0659; or
(4)
regardless of residence or whether any type of service is received, possesses a
physical or mental infirmity or other physical, mental, or emotional
dysfunction:
(i) that
impairs the individual's ability to provide adequately for the individual's own
care without assistance, including the provision of food, shelter, clothing,
health care, or supervision; and
(ii)
because of the dysfunction or infirmity and the need for assistance, the
individual has an impaired ability to protect the individual from maltreatment.
Sec.
20. Minnesota Statutes 2008, section
626.5572, subdivision 6, is amended to read:
Subd.
6. Facility. (a) "Facility" means a hospital or
other entity required to be licensed under sections 144.50 to 144.58; a nursing
home required to be licensed to serve adults under section 144A.02; a
residential or nonresidential facility required to be licensed to serve adults
under sections 245A.01 to 245A.16; a home care provider licensed or required to
be licensed under section 144A.46; a hospice provider licensed under sections
144A.75 to 144A.755; or a person or organization that exclusively offers,
provides, or arranges for personal care assistant services under the medical
assistance program as authorized under sections 256B.04, subdivision 16,
256B.0625, subdivision 19a, 256B.0651, and 256B.0653 to 256B.0656,
and 256B.0659.
(b) For
home care providers and personal care attendants, the term "facility"
refers to the provider or person or organization that exclusively offers,
provides, or arranges for personal care services, and does not refer to the
client's home or other location at which services are rendered.
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Sec. 21.
Minnesota Statutes 2008, section 626.5572, subdivision 21, is amended to
read:
Subd. 21. Vulnerable adult. "Vulnerable adult" means any person
18 years of age or older who:
(1) is a resident or inpatient of a facility;
(2) receives services at or from a facility required
to be licensed to serve adults under sections 245A.01 to 245A.15, except that a
person receiving outpatient services for treatment of chemical dependency or
mental illness, or one who is served in the Minnesota sex offender program on a
court-hold order for commitment, or is committed as a sexual psychopathic
personality or as a sexually dangerous person under chapter 253B, is not
considered a vulnerable adult unless the person meets the requirements of
clause (4);
(3) receives services from a home care provider
required to be licensed under section 144A.46; or from a person or organization
that exclusively offers, provides, or arranges for personal care assistant
services under the medical assistance program as authorized under sections
256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, and
256B.0653 to 256B.0656, and 256B.0659; or
(4) regardless of residence or whether any type of
service is received, possesses a physical or mental infirmity or other physical,
mental, or emotional dysfunction:
(i) that impairs the individual's ability to provide
adequately for the individual's own care without assistance, including the
provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the
need for assistance, the individual has an impaired ability to protect the
individual from maltreatment.
ARTICLE 7
CHEMICAL AND MENTAL HEALTH
Section 1.
Minnesota Statutes 2008, section 245.462, subdivision 18, is amended to
read:
Subd. 18. Mental health professional. "Mental health professional" means
a person providing clinical services in the treatment of mental illness who is
qualified in at least one of the following ways:
(1) in psychiatric nursing: a registered nurse who is licensed under
sections 148.171 to 148.285; and:
(i) who is certified as a clinical specialist or as a
nurse practitioner in adult or family psychiatric and mental health nursing by
a national nurse certification organization; or
(ii) who has a master's degree in nursing or one of
the behavioral sciences or related fields from an accredited college or
university or its equivalent, with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services in the treatment of
mental illness;
(2) in clinical social work: a person licensed as an independent clinical
social worker under chapter 148D, or a person with a master's degree in social
work from an accredited college or university, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical services in the
treatment of mental illness;
(3) in psychology:
an individual licensed by the Board of Psychology under sections 148.88
to 148.98 who has stated to the Board of Psychology competencies in the
diagnosis and treatment of mental illness;
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(4) in
psychiatry: a physician licensed under
chapter 147 and certified by the American Board of Psychiatry and Neurology or
eligible for board certification in psychiatry;
(5) in
marriage and family therapy: the mental
health professional must be a marriage and family therapist licensed under
sections 148B.29 to 148B.39 with at least two years of post-master's supervised
experience in the delivery of clinical services in the treatment of mental
illness; or
(6) in
licensed professional clinical counseling, the mental health professional shall
be a licensed professional clinical counselor under section 148B.5301 with at
least 4,000 hours of postmaster's supervised experience in the delivery of
clinical services in the treatment of mental illness; or
(7) in allied fields:
a person with a master's degree from an accredited college or university
in one of the behavioral sciences or related fields, with at least 4,000 hours
of post-master's supervised experience in the delivery of clinical services in
the treatment of mental illness.
Sec.
2. Minnesota Statutes 2008, section
245.470, subdivision 1, is amended to read:
Subdivision
1. Availability
of outpatient services. (a) County
boards must provide or contract for enough outpatient services within the
county to meet the needs of adults with mental illness residing in the
county. Services may be provided
directly by the county through county-operated mental health centers or mental
health clinics approved by the commissioner under section 245.69, subdivision
2; by contract with privately operated mental health centers or mental health
clinics approved by the commissioner under section 245.69, subdivision 2; by
contract with hospital mental health outpatient programs certified by the Joint
Commission on Accreditation of Hospital Organizations; or by contract with a
licensed mental health professional as defined in section 245.462, subdivision
18, clauses (1) to (4) (6).
Clients may be required to pay a fee according to section 245.481. Outpatient services include:
(1)
conducting diagnostic assessments;
(2)
conducting psychological testing;
(3)
developing or modifying individual treatment plans;
(4)
making referrals and recommending placements as appropriate;
(5) treating
an adult's mental health needs through therapy;
(6)
prescribing and managing medication and evaluating the effectiveness of
prescribed medication; and
(7)
preventing placement in settings that are more intensive, costly, or
restrictive than necessary and appropriate to meet client needs.
(b)
County boards may request a waiver allowing outpatient services to be provided
in a nearby trade area if it is determined that the client can best be served
outside the county.
Sec.
3. Minnesota Statutes 2008, section
245.4871, subdivision 27, is amended to read:
Subd.
27. Mental
health professional. "Mental
health professional" means a person providing clinical services in the
diagnosis and treatment of children's emotional disorders. A mental health professional must have
training and experience in working with children consistent with the age group
to which the mental health professional is assigned. A mental health professional must be
qualified in at least one of the following ways:
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(1) in
psychiatric nursing, the mental health professional must be a registered nurse
who is licensed under sections 148.171 to 148.285 and who is certified as a
clinical specialist in child and adolescent psychiatric or mental health
nursing by a national nurse certification organization or who has a master's
degree in nursing or one of the behavioral sciences or related fields from an
accredited college or university or its equivalent, with at least 4,000 hours
of post-master's supervised experience in the delivery of clinical services in
the treatment of mental illness;
(2) in
clinical social work, the mental health professional must be a person licensed
as an independent clinical social worker under chapter 148D, or a person with a
master's degree in social work from an accredited college or university, with
at least 4,000 hours of post-master's supervised experience in the delivery of
clinical services in the treatment of mental disorders;
(3) in
psychology, the mental health professional must be an individual licensed by
the board of psychology under sections 148.88 to 148.98 who has stated to the
board of psychology competencies in the diagnosis and treatment of mental
disorders;
(4) in
psychiatry, the mental health professional must be a physician licensed under
chapter 147 and certified by the American board of psychiatry and neurology or
eligible for board certification in psychiatry;
(5) in
marriage and family therapy, the mental health professional must be a marriage
and family therapist licensed under sections 148B.29 to 148B.39 with at least
two years of post-master's supervised experience in the delivery of clinical
services in the treatment of mental disorders or emotional disturbances; or
(6) in
licensed professional clinical counseling, the mental health professional shall
be a licensed professional clinical counselor under section 148B.5301 with at
least 4,000 hours of postmaster's supervised experience in the delivery of
clinical services in the treatment of mental disorders or emotional
disturbances; or
(7) in allied fields, the mental health professional must
be a person with a master's degree from an accredited college or university in
one of the behavioral sciences or related fields, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical services in the
treatment of emotional disturbances.
Sec.
4. Minnesota Statutes 2008, section
245.488, subdivision 1, is amended to read:
Subdivision
1. Availability
of outpatient services. (a) County
boards must provide or contract for enough outpatient services within the
county to meet the needs of each child with emotional disturbance residing in
the county and the child's family.
Services may be provided directly by the county through county-operated
mental health centers or mental health clinics approved by the commissioner
under section 245.69, subdivision 2; by contract with privately operated mental
health centers or mental health clinics approved by the commissioner under
section 245.69, subdivision 2; by contract with hospital mental health
outpatient programs certified by the Joint Commission on Accreditation of
Hospital Organizations; or by contract with a licensed mental health
professional as defined in section 245.4871, subdivision 27, clauses (1) to (4)
(6). A child or a child's parent may
be required to pay a fee based in accordance with section 245.481. Outpatient services include:
(1)
conducting diagnostic assessments;
(2)
conducting psychological testing;
(3)
developing or modifying individual treatment plans;
(4)
making referrals and recommending placements as appropriate;
(5)
treating the child's mental health needs through therapy; and
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(6) prescribing and managing medication and evaluating
the effectiveness of prescribed medication.
(b) County boards may request a waiver allowing
outpatient services to be provided in a nearby trade area if it is determined
that the child requires necessary and appropriate services that are only
available outside the county.
(c) Outpatient services offered by the county board to
prevent placement must be at the level of treatment appropriate to the child's
diagnostic assessment.
Sec. 5.
Minnesota Statutes 2008, section 254A.02, is amended by adding a
subdivision to read:
Subd. 8a.
Placing authority. "Placing authority" means a
county, prepaid health plan, or tribal governing board governed by Minnesota Rules,
parts 9530.6600 to 9530.6655.
Sec. 6.
Minnesota Statutes 2008, section 254A.16, is amended by adding a
subdivision to read:
Subd. 6.
Monitoring. The commissioner shall gather and placing
authorities shall provide information to measure compliance with Minnesota
Rules, parts 9530.6600 to 9530.6655. The
commissioner shall specify the format for data collection to facilitate
tracking, aggregating, and using the information.
Sec. 7.
Minnesota Statutes 2008, section 254B.03, subdivision 1, is amended to
read:
Subdivision 1. Local agency duties. (a) Every local agency shall provide chemical
dependency services to persons residing within its jurisdiction who meet
criteria established by the commissioner for placement in a chemical dependency
residential or nonresidential treatment service. Chemical dependency money must be
administered by the local agencies according to law and rules adopted by the
commissioner under sections 14.001 to 14.69.
(b) In order to contain costs, the county board
shall, with the approval of the commissioner of human services, shall
select eligible vendors of chemical dependency services who can provide
economical and appropriate treatment.
Unless the local agency is a social services department directly
administered by a county or human services board, the local agency shall not be
an eligible vendor under section 254B.05.
The commissioner may approve proposals from county boards to provide
services in an economical manner or to control utilization, with safeguards to ensure
that necessary services are provided. If
a county implements a demonstration or experimental medical services funding
plan, the commissioner shall transfer the money as appropriate. If a county selects a vendor located in
another state, the county shall ensure that the vendor is in compliance with
the rules governing licensure of programs located in the state.
(c) A culturally specific vendor that provides
assessments under a variance under Minnesota Rules, part 9530.6610, shall be
allowed to provide assessment services to persons not covered by the variance.
EFFECTIVE DATE.
This section is effective July 1, 2011.
Sec. 8.
Minnesota Statutes 2008, section 254B.03, subdivision 3, is amended to
read:
Subd. 3. Local agencies to pay state for county
share. Local agencies shall pay the
state for the county share of the services authorized by the local agency,
except when the payment is made according to section 254B.09, subdivision 8.
Sec. 9.
Minnesota Statutes 2008, section 254B.03, is amended by adding a
subdivision to read:
Subd. 9.
Commissioner to select vendors
and set rates. (a) Effective
July 1, 2011, the commissioner shall:
(1) enter into agreements with
eligible vendors that:
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(i)
meet the standards in section 254B.05, subdivision 1;
(ii)
have good standing in all applicable licensure; and
(iii)
have a current approved provider agreement as a Minnesota health care program
provider; and
(2)
set rates for services reimbursed under this chapter.
(b)
When setting rates, the commissioner shall consider the complexity and the
acuity of the problems presented by the client.
(c)
When rates set under this section and rates set under section 254B.09,
subdivision 8, apply to the same treatment placement, section 254B.09,
subdivision 8, supersedes.
Sec.
10. Minnesota Statutes 2008, 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 of a chemical
dependency service must participate in the Drug and Alcohol Abuse Normative
Evaluation System and the treatment accountability plan.
Effective
January 1, 2000, vendors of room and board are eligible for chemical dependency
fund payment if the vendor:
(1) is
certified by the county or tribal governing body as having has rules
prohibiting residents bringing chemicals into the facility or using chemicals
while residing in the facility and provide consequences for infractions of
those rules;
(2) has
a current contract with a county or tribal governing body;
(3) is
determined to meet applicable health and safety requirements;
(4) is
not a jail or prison; and
(5) is
not concurrently receiving funds under chapter 256I for the recipient.
EFFECTIVE DATE. This section is effective
July 1, 2011.
Sec.
11. Minnesota Statutes 2008, section
254B.09, subdivision 2, is amended to read:
Subd.
2. American
Indian agreements. The commissioner
may enter into agreements with federally recognized tribal units to pay for
chemical dependency treatment services provided under Laws 1986, chapter 394,
sections 8 to 20. The agreements must
clarify how the governing body of the tribal unit fulfills local agency
responsibilities regarding:
(1)
selection of eligible vendors under section 254B.03, subdivision 1;
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(2) negotiation of agreements that
establish vendor services and rates for programs located on the tribal
governing body's reservation;
(3) (1) the form and manner of invoicing; and
(4) (2) provide that only invoices for eligible
vendors according to section 254B.05 will be included in invoices sent to the
commissioner for payment, to the extent that money allocated under subdivisions
4 and 5 is used.
EFFECTIVE DATE.
This section is effective July 1, 2011.
Sec. 12. [254B.11] MAXIMUM RATES.
The commissioner shall publish maximum
rates for vendors of the consolidated chemical dependency treatment fund by
July 1 of each year for implementation the following January 1. Rates for calendar year 2010 must not exceed
185 percent of the average rate on January 1, 2009, for each group of vendors
with similar attributes. Unless a new
rate methodology is developed under section 254B.12, rates for services
provided on and after July 1, 2011, must not exceed 160 percent of the average
rate on January 1, 2009, for each group of vendors with similar
attributes. Payment for services
provided by Indian Health Services or by agencies operated by Indian tribes for
medical assistance-eligible individuals must be governed by the applicable
federal rate methodology.
Sec. 13. [254B.12] RATE METHODOLOGY.
The commissioner shall, with
broad-based stakeholder input, develop a recommendation and present a report to
the 2011 legislature, including proposed legislation for a new rate methodology
for the consolidated chemical dependency treatment fund. The new methodology must replace
county-negotiated rates with a uniform statewide methodology that must include
a graduated reimbursement scale based on the patients' level of acuity and complexity.
Sec. 14.
Minnesota Statutes 2008, section 256B.0622, subdivision 2, is amended to
read:
Subd. 2. Definitions. For purposes of this section, the following
terms have the meanings given them.
(a) "Intensive nonresidential rehabilitative
mental health services" means adult rehabilitative mental health services
as defined in section 256B.0623, subdivision 2, paragraph (a), except that
these services are provided by a multidisciplinary staff using a total team
approach consistent with assertive community treatment, the Fairweather Lodge
treatment model, as defined by the standards established by the National
Coalition for Community Living, and other evidence-based practices, and
directed to recipients with a serious mental illness who require intensive
services.
(b) "Intensive residential rehabilitative mental
health services" means short-term, time-limited services provided in a
residential setting to recipients who are in need of more restrictive settings
and are at risk of significant functional deterioration if they do not receive
these services. Services are designed to
develop and enhance psychiatric stability, personal and emotional adjustment,
self-sufficiency, and skills to live in a more independent setting. Services must be directed toward a targeted
discharge date with specified client outcomes and must be consistent with the
Fairweather Lodge treatment model as defined in paragraph (a), and other
evidence-based practices.
(c) "Evidence-based practices" are nationally
recognized mental health services that are proven by substantial research to be
effective in helping individuals with serious mental illness obtain specific
treatment goals.
(d) "Overnight staff" means a member of the
intensive residential rehabilitative mental health treatment team who is
responsible during hours when recipients are typically asleep.
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(e) "Treatment team" means all staff who
provide services under this section to recipients. At a minimum, this includes the clinical
supervisor, mental health professionals as defined in section 245.462,
subdivision 18, clauses (1) to (5) (6); mental health
practitioners as defined in section 245.462, subdivision 17; mental health
rehabilitation workers under section 256B.0623, subdivision 5, clause (3); and
certified peer specialists under section 256B.0615.
Sec. 15. Minnesota
Statutes 2008, section 256B.0623, subdivision 5, is amended to read:
Subd. 5. Qualifications of provider staff. Adult rehabilitative mental health services
must be provided by qualified individual provider staff of a certified provider
entity. Individual provider staff must
be qualified under one of the following criteria:
(1) a mental health professional as defined in section
245.462, subdivision 18, clauses (1) to (5) (6). If the recipient has a current diagnostic
assessment by a licensed mental health professional as defined in section
245.462, subdivision 18, clauses (1) to (5) (6), recommending
receipt of adult mental health rehabilitative services, the definition of
mental health professional for purposes of this section includes a person who
is qualified under section 245.462, subdivision 18, clause (6) (7),
and who holds a current and valid national certification as a certified
rehabilitation counselor or certified psychosocial rehabilitation practitioner;
(2) a mental health practitioner as defined in section
245.462, subdivision 17. The mental
health practitioner must work under the clinical supervision of a mental health
professional;
(3) a certified peer specialist under section
256B.0615. The certified peer specialist
must work under the clinical supervision of a mental health professional; or
(4) a mental health rehabilitation worker. A mental health rehabilitation worker means a
staff person working under the direction of a mental health practitioner or
mental health professional and under the clinical supervision of a mental
health professional in the implementation of rehabilitative mental health
services as identified in the recipient's individual treatment plan who:
(i) is at least 21 years of age;
(ii) has a high school diploma or equivalent;
(iii) has successfully completed 30 hours of training
during the past two years in all of the following areas: recipient rights,
recipient-centered individual treatment planning, behavioral terminology,
mental illness, co-occurring mental illness and substance abuse, psychotropic
medications and side effects, functional assessment, local community resources,
adult vulnerability, recipient confidentiality; and
(iv) meets the qualifications in subitem (A) or (B):
(A) has an associate of arts degree in one of the
behavioral sciences or human services, or is a registered nurse without a
bachelor's degree, or who within the previous ten years has:
(1) three years of personal life experience with
serious and persistent mental illness;
(2) three years of life experience as a primary
caregiver to an adult with a serious mental illness or traumatic brain injury;
or
(3) 4,000 hours of supervised paid work experience in the
delivery of mental health services to adults with a serious mental illness or
traumatic brain injury; or
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(B)(1) is fluent in the non-English language or
competent in the culture of the ethnic group to which at least 20 percent of
the mental health rehabilitation worker's clients belong;
(2) receives during the first 2,000 hours of work,
monthly documented individual clinical supervision by a mental health
professional;
(3) has 18 hours of documented field supervision by a
mental health professional or practitioner during the first 160 hours of
contact work with recipients, and at least six hours of field supervision
quarterly during the following year;
(4) has review and cosignature of charting of recipient
contacts during field supervision by a mental health professional or
practitioner; and
(5) has 40 hours of additional continuing education on
mental health topics during the first year of employment.
Sec. 16.
Minnesota Statutes 2008, section 256B.0624, subdivision 5, is amended to
read:
Subd. 5. Mobile crisis intervention staff
qualifications. For provision of
adult mental health mobile crisis intervention services, a mobile crisis
intervention team is comprised of at least two mental health professionals as
defined in section 245.462, subdivision 18, clauses (1) to (5) (6),
or a combination of at least one mental health professional and one mental health
practitioner as defined in section 245.462, subdivision 17, with the required
mental health crisis training and under the clinical supervision of a mental
health professional on the team. The
team must have at least two people with at least one member providing on-site
crisis intervention services when needed.
Team members must be experienced in mental health assessment, crisis
intervention techniques, and clinical decision-making under emergency
conditions and have knowledge of local services and resources. The team must recommend and coordinate the
team's services with appropriate local resources such as the county social
services agency, mental health services, and local law enforcement when
necessary.
Sec. 17.
Minnesota Statutes 2008, section 256B.0624, subdivision 8, is amended to
read:
Subd. 8. Adult crisis stabilization staff
qualifications. (a) Adult mental
health crisis stabilization services must be provided by qualified individual
staff of a qualified provider entity.
Individual provider staff must have the following qualifications:
(1) be a mental health professional as defined in
section 245.462, subdivision 18, clauses (1) to (5) (6);
(2) be a mental health practitioner as defined in
section 245.462, subdivision 17. The mental
health practitioner must work under the clinical supervision of a mental health
professional; or
(3) be a mental health rehabilitation worker who meets
the criteria in section 256B.0623, subdivision 5, clause (3); works under the
direction of a mental health practitioner as defined in section 245.462,
subdivision 17, or under direction of a mental health professional; and works
under the clinical supervision of a mental health professional.
(b) Mental health practitioners and mental health
rehabilitation workers must have completed at least 30 hours of training in
crisis intervention and stabilization during the past two years.
Sec. 18.
Minnesota Statutes 2008, section 256B.0625, subdivision 42, is amended
to read:
Subd. 42. Mental health professional. Notwithstanding Minnesota Rules, part
9505.0175, subpart 28, the definition of a mental health professional shall
include a person who is qualified as specified in section 245.462, subdivision
18, clause clauses (5) and (6); or 245.4871, subdivision
27, clause clauses (5) and (6), for the purpose of this
section and Minnesota Rules, parts 9505.0170 to 9505.0475.
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Sec. 19.
Minnesota Statutes 2008, section 256B.0943, subdivision 1, is amended to
read:
Subdivision 1. Definitions. For purposes of this section, the following
terms have the meanings given them.
(a) "Children's therapeutic services and supports"
means the flexible package of mental health services for children who require
varying therapeutic and rehabilitative levels of intervention. The services are time-limited interventions
that are delivered using various treatment modalities and combinations of
services designed to reach treatment outcomes identified in the individual
treatment plan.
(b) "Clinical supervision" means the overall
responsibility of the mental health professional for the control and direction
of individualized treatment planning, service delivery, and treatment review
for each client. A mental health
professional who is an enrolled Minnesota health care program provider accepts
full professional responsibility for a supervisee's actions and decisions,
instructs the supervisee in the supervisee's work, and oversees or directs the
supervisee's work.
(c) "County board" means the county board of
commissioners or board established under sections 402.01 to 402.10 or
471.59.
(d) "Crisis assistance" has the meaning given
in section 245.4871, subdivision 9a.
(e) "Culturally competent provider" means a
provider who understands and can utilize to a client's benefit the client's
culture when providing services to the client.
A provider may be culturally competent because the provider is of the
same cultural or ethnic group as the client or the provider has developed the
knowledge and skills through training and experience to provide services to
culturally diverse clients.
(f) "Day treatment program" for children
means a site-based structured program consisting of group psychotherapy for
more than three individuals and other intensive therapeutic services provided
by a multidisciplinary team, under the clinical supervision of a mental health
professional.
(g) "Diagnostic assessment" has the meaning
given in section 245.4871, subdivision 11.
(h) "Direct service time" means the time
that a mental health professional, mental health practitioner, or mental health
behavioral aide spends face-to-face with a client and the client's family. Direct service time includes time in which
the provider obtains a client's history or provides service components of
children's therapeutic services and supports.
Direct service time does not include time doing work before and after
providing direct services, including scheduling, maintaining clinical records,
consulting with others about the client's mental health status, preparing
reports, receiving clinical supervision directly related to the client's
psychotherapy session, and revising the client's individual treatment plan.
(i) "Direction of mental health behavioral
aide" means the activities of a mental health professional or mental
health practitioner in guiding the mental health behavioral aide in providing
services to a client. The direction of a
mental health behavioral aide must be based on the client's individualized
treatment plan and meet the requirements in subdivision 6, paragraph (b),
clause (5).
(j) "Emotional disturbance" has the meaning
given in section 245.4871, subdivision 15.
For persons at least age 18 but under age 21, mental illness has the
meaning given in section 245.462, subdivision 20, paragraph (a).
(k) "Individual behavioral plan" means a
plan of intervention, treatment, and services for a child written by a mental
health professional or mental health practitioner, under the clinical
supervision of a mental health professional, to guide the work of the mental
health behavioral aide.
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(l)
"Individual treatment plan" has the meaning given in section
245.4871, subdivision 21.
(m)
"Mental health professional" means an individual as defined in
section 245.4871, subdivision 27, clauses (1) to (5) (6), or
tribal vendor as defined in section 256B.02, subdivision 7, paragraph (b).
(n)
"Preschool program" means a day program licensed under Minnesota
Rules, parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic
services and supports provider to provide a structured treatment program to a
child who is at least 33 months old but who has not yet attended the first day
of kindergarten.
(o)
"Skills training" means individual, family, or group training
designed to improve the basic functioning of the child with emotional
disturbance and the child's family in the activities of daily living and
community living, and to improve the social functioning of the child and the
child's family in areas important to the child's maintaining or reestablishing
residency in the community. Individual,
family, and group skills training must:
(1)
consist of activities designed to promote skill development of the child and
the child's family in the use of age-appropriate daily living skills,
interpersonal and family relationships, and leisure and recreational services;
(2)
consist of activities that will assist the family's understanding of normal
child development and to use parenting skills that will help the child with
emotional disturbance achieve the goals outlined in the child's individual
treatment plan; and
(3)
promote family preservation and unification, promote the family's integration
with the community, and reduce the use of unnecessary out-of-home placement or
institutionalization of children with emotional disturbance.
Sec.
20. Minnesota Statutes 2008, section
256B.0625, subdivision 47, is amended to read:
Subd.
47. Treatment
foster care services. Effective July
1, 2007 2011, and subject to federal approval, medical assistance
covers treatment foster care services according to section 256B.0946.
Sec.
21. Minnesota Statutes 2008, section
256B.0943, subdivision 12, is amended to read:
Subd.
12. Excluded
services. The following services are
not eligible for medical assistance payment as children's therapeutic services
and supports:
(1)
service components of children's therapeutic services and supports
simultaneously provided by more than one provider entity unless prior
authorization is obtained;
(2) treatment
by multiple providers within the same agency at the same clock time;
(3) children's therapeutic services and supports provided
in violation of medical assistance policy in Minnesota Rules, part 9505.0220;
(3) (4) mental
health behavioral aide services provided by a personal care assistant who is
not qualified as a mental health behavioral aide and employed by a certified
children's therapeutic services and supports provider entity;
(4) (5) service components of CTSS that are the
responsibility of a residential or program license holder, including foster
care providers under the terms of a service agreement or administrative rules
governing licensure;
(5) (6) adjunctive activities that may be offered
by a provider entity but are not otherwise covered by medical assistance,
including:
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(i) a service that is primarily recreation oriented or
that is provided in a setting that is not medically supervised. This includes sports activities, exercise
groups, activities such as craft hours, leisure time, social hours, meal or
snack time, trips to community activities, and tours;
(ii) a social or educational service that does not
have or cannot reasonably be expected to have a therapeutic outcome related to
the client's emotional disturbance;
(iii) consultation with other providers or service
agency staff about the care or progress of a client;
(iv) prevention or education programs provided to the
community; and
(v) treatment for clients with primary diagnoses of
alcohol or other drug abuse; and
(6) (7) activities that are not direct service
time.
Sec. 22.
Minnesota Statutes 2008, section 256B.0944, is amended by adding a
subdivision to read:
Subd. 4a.
Alternative provider
standards. If a provider
entity demonstrates that, due to geographic or other barriers, it is not feasible
to provide mobile crisis intervention services 24 hours a day, seven days a
week, according to the standards in subdivision 4, paragraph (b), clause (1),
the commissioner may approve a crisis response provider based on an alternative
plan proposed by a provider entity. The
alternative plan must:
(1) result in increased access and a
reduction in disparities in the availability of crisis services; and
(2) provide mobile services outside of
the usual nine-to-five office hours and on weekends and holidays.
Sec. 23.
Minnesota Statutes 2008, section 256B.0947, subdivision 1, is amended to
read:
Subdivision 1. Scope.
Subject to federal approval Effective November 1, 2010, and
subject to federal approval, medical assistance covers medically necessary,
intensive nonresidential rehabilitative mental health services as defined in
subdivision 2, for recipients as defined in subdivision 3, when the services
are provided by an entity meeting the standards in this section.
Sec. 24.
Minnesota Statutes 2008, section 256J.08, subdivision 73a, is amended to
read:
Subd. 73a. Qualified professional. (a) For physical illness, injury, or
incapacity, a "qualified professional" means a licensed physician, a
physician's assistant, a nurse practitioner, or a licensed chiropractor.
(b) For developmental disability and intelligence
testing, a "qualified professional" means an individual qualified by
training and experience to administer the tests necessary to make
determinations, such as tests of intellectual functioning, assessments of
adaptive behavior, adaptive skills, and developmental functioning. These professionals include licensed
psychologists, certified school psychologists, or certified psychometrists
working under the supervision of a licensed psychologist.
(c) For learning disabilities, a "qualified
professional" means a licensed psychologist or school psychologist with
experience determining learning disabilities.
(d) For mental health, a "qualified
professional" means a licensed physician or a qualified mental health
professional. A "qualified mental
health professional" means:
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(1) for
children, in psychiatric nursing, a registered nurse who is licensed under
sections 148.171 to 148.285, and who is certified as a clinical specialist in
child and adolescent psychiatric or mental health nursing by a national nurse
certification organization or who has a master's degree in nursing or one of
the behavioral sciences or related fields from an accredited college or
university or its equivalent, with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services in the treatment of
mental illness;
(2) for
adults, in psychiatric nursing, a registered nurse who is licensed under
sections 148.171 to 148.285, and who is certified as a clinical specialist in
adult psychiatric and mental health nursing by a national nurse certification
organization or who has a master's degree in nursing or one of the behavioral
sciences or related fields from an accredited college or university or its
equivalent, with at least 4,000 hours of post-master's supervised experience in
the delivery of clinical services in the treatment of mental illness;
(3) in
clinical social work, a person licensed as an independent clinical social
worker under chapter 148D, or a person with a master's degree in social work
from an accredited college or university, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical services in the
treatment of mental illness;
(4) in
psychology, an individual licensed by the Board of Psychology under sections
148.88 to 148.98, who has stated to the Board of Psychology competencies in the
diagnosis and treatment of mental illness;
(5) in
psychiatry, a physician licensed under chapter 147 and certified by the
American Board of Psychiatry and Neurology or eligible for board certification
in psychiatry; and
(6) in
marriage and family therapy, the mental health professional must be a marriage
and family therapist licensed under sections 148B.29 to 148B.39, with at least
two years of post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness; and
(7)
in licensed professional clinical counseling, the mental health professional
shall be a licensed professional clinical counselor under section 148B.5301
with at least 4,000 hours of postmaster's supervised experience in the delivery
of clinical services in the treatment of mental illness.
Sec.
25. AUTISM
SPECTRUM DISORDER TASK FORCE.
(a)
The Autism Spectrum Disorder Task Force is composed of 15 members, appointed as
follows:
(1)
two members of the senate appointed by the Subcommittee on Committees of the
Committee on Rules and Administration, one of whom must be a member of the
minority;
(2)
two members of the house of representatives, one from the majority party,
appointed by the speaker of the house, and one from the minority party,
appointed by the minority leader;
(3)
two members appointed by the legislature, with regard to geographic diversity
in the state, who are parents of children with autism spectrum disorder (ASD);
one member shall be appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration making appointments for the senate; and
one member shall be appointed by the speaker of the house making the
appointments for the house;
(4)
one member appointed by the Minnesota chapter of the American Academy of
Pediatrics who is a general primary care pediatrician;
(5)
one member appointed by the Minnesota Academy of Family Physicians who is a
family practice physician;
(6)
one member appointed by the Minnesota Psychological Association who is a
neuropsychologist;
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(7)
one member appointed by the directors of public school student support
services;
(8)
one member appointed by the Somali American Autism Foundation;
(9)
one member appointed by the ARC of Minnesota;
(10)
one member appointed by the Autism Society of Minnesota;
(11)
one member appointed by the Parent Advocacy Coalition for Educational Rights;
and
(12)
one member appointed by the Minnesota Council of Health Plans.
Appointments must be
made by September 1, 2009. The
Legislative Coordinating Commission shall provide meeting space for the task
force. The senate member appointed by
the minority leader of the senate shall convene the first meeting of the task
force no later than October 1, 2009. The
task force shall elect a chair at the first meeting.
(b)
If federal or state funding is available, the commissioners of education,
employment and economic development, health, and human services shall provide
assistance to the task force.
(c)
The task force shall develop recommendations and report on the following
topics:
(1)
ways to improve services provided by all state and political subdivisions;
(2)
sources of public and private funding available for treatment and ways to
improve efficiency in the use of these funds;
(3)
methods to improve coordination in the delivery of service between public and
private agencies, health providers, and schools, and to address any geographic
discrepancies in the delivery of services;
(4)
increasing the availability of and the training for medical providers and
educators who identify and provide services to individuals with ASD; and
(5)
treatment options supported by peer-reviewed, established scientific research
for individuals with ASD.
(d)
The task force shall coordinate with existing efforts at the Departments of
Education, Health, Human Services, and Employment and Economic Development
related to ASD.
(e)
By January 15 of each year, the task force shall provide a report regarding its
findings and consideration of the topics listed under paragraph (c), and the
action taken under paragraph (d), including draft legislation if necessary, to
the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services.
(f)
This section expires June 30, 2011.
Sec.
26. STATE-COUNTY
CHEMICAL HEALTH CARE HOME PILOT PROJECT.
Subdivision
1.
Establishment; purpose. There is established a state-county
chemical health care home pilot project.
The purpose of the pilot project is for the Department of Human Services
and counties to authentically and creatively work in partnership to redesign
the current chemical health service delivery system in a way that promotes
greater accountability, productivity, and results in the delivery of state
chemical dependency services. The pilot
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project
or projects must look to provide appropriate flexibility in a way that ensures
timely access to needed services as well as better aligning systems and
services to offer the most appropriate level of chemical health care services
to the client. This may include, but is
not limited to, looking into new governance agreements, performance agreements,
or service level agreements. Pilot
projects must maintain eligibility requirements for the consolidated chemical
dependency treatment fund, continue to meet the requirements of Minnesota
Rules, parts 9530.6600 to 9530.6655 (also known as Rule 25) and Minnesota
Rules, parts 9530.6405 to 9530.6505 (also known as Rule 31), and must not put
at risk current and future federal funding toward chemical health-related
services in the state of Minnesota.
Subd. 2.
Workgroup; report. A workgroup must be convened on or before
July 15, 2009, consisting of representatives from the Department of Human
Services and potential participating counties to develop draft proposals for
pilot projects meeting the requirements of this section. The workgroup shall report back to the
legislative committees with jurisdiction over chemical health by January 15,
2010, for potential approval of one metro and one nonmetro county pilot project
to be implemented beginning July 10, 2010.
Subd. 3.
Report. The Department of Human Services shall
evaluate the efficacy and feasibility of the pilot projects and report the
results of that evaluation to the legislative committees having jurisdiction
over chemical health by June 30, 2011.
Expansion of pilot projects may occur only if the department's report
finds the pilot projects effective.
Subd. 4.
Expiration. This section expires June 30, 2012.
EFFECTIVE DATE.
This section is effective the day following final enactment.
ARTICLE 8
CONTINUING CARE
Section 1.
Minnesota Statutes 2008, section 144.0724, subdivision 2, is amended to
read:
Subd. 2. Definitions. For purposes of this section, the following
terms have the meanings given.
(a) "Assessment reference date" means the
last day of the minimum data set observation period. The date sets the designated endpoint of the
common observation period, and all minimum data set items refer back in time
from that point.
(b) "Case mix index" means the weighting
factors assigned to the RUG-III classifications.
(c) "Index maximization" means classifying a
resident who could be assigned to more than one category, to the category with
the highest case mix index.
(d) "Minimum data set" means the assessment
instrument specified by the Centers for Medicare and Medicaid Services and
designated by the Minnesota Department of Health.
(e) "Representative" means a person who is
the resident's guardian or conservator, the person authorized to pay the
nursing home expenses of the resident, a representative of the nursing home
ombudsman's office whose assistance has been requested, or any other individual
designated by the resident.
(f) "Resource utilization groups" or
"RUG" means the system for grouping a nursing facility's residents
according to their clinical and functional status identified in data supplied
by the facility's minimum data set.
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(g)
"Activities of daily living" means grooming, dressing, bathing,
transferring, mobility, positioning, eating, and toileting.
(h)
"Nursing facility level of care determination" means the assessment
process that results in a determination of a resident's or prospective
resident's need for nursing facility level of care as established in
subdivision 11 for purposes of medical assistance payment of long-term care
services for:
(1)
nursing facility services under section 256B.434 or 256B.441;
(2)
elderly waiver services under section 256B.0915;
(3)
CADI and TBI waiver services under section 256B.49; and
(4)
state payment of alternative care services under section 256B.0913.
EFFECTIVE DATE. The section is effective January
1, 2011.
Sec.
2. Minnesota Statutes 2008, section
144.0724, subdivision 4, is amended to read:
Subd.
4. Resident
assessment schedule. (a) A facility
must conduct and electronically submit to the commissioner of health case mix
assessments that conform with the assessment schedule defined by Code of
Federal Regulations, title 42, section 483.20, and published by the United
States Department of Health and Human Services, Centers for Medicare and
Medicaid Services, in the Long Term Care Assessment Instrument User's Manual,
version 2.0, October 1995, and subsequent clarifications made in the Long-Term
Care Assessment Instrument Questions and Answers, version 2.0, August
1996. The commissioner of health may
substitute successor manuals or question and answer documents published by the
United States Department of Health and Human Services, Centers for Medicare and
Medicaid Services, to replace or supplement the current version of the manual
or document.
(b) The
assessments used to determine a case mix classification for reimbursement
include the following:
(1) a
new admission assessment must be completed by day 14 following admission;
(2) an
annual assessment must be completed within 366 days of the last comprehensive
assessment;
(3) a
significant change assessment must be completed within 14 days of the
identification of a significant change; and
(4) the
second quarterly assessment following either a new admission assessment, an
annual assessment, or a significant change assessment, and all quarterly
assessments beginning October 1, 2006.
Each quarterly assessment must be completed within 92 days of the
previous assessment.
(c)
In addition to the assessments listed in paragraph (b), the assessments used to
determine nursing facility level of care include the following:
(1)
preadmission screening completed under section 256B.0911, subdivision 4a, by a
county, tribe, or managed care organization under contract with the Department
of Human Services; and
(2) a
face-to-face long-term care consultation assessment completed under section
256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe, or managed care
organization under contract with the Department of Human Services.
EFFECTIVE DATE. The section is effective
January 1, 2011.
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Sec. 3.
Minnesota Statutes 2008, section 144.0724, subdivision 8, is amended to
read:
Subd. 8. Request for reconsideration of resident
classifications. (a) The resident,
or resident's representative, or the nursing facility or boarding care home may
request that the commissioner of health reconsider the assigned reimbursement
classification. The request for
reconsideration must be submitted in writing to the commissioner within 30 days
of the day the resident or the resident's representative receives the resident
classification notice. The request for
reconsideration must include the name of the resident, the name and address of
the facility in which the resident 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 which establishes that the needs of the resident at the time of
the assessment justify a classification which is different than the
classification established by the commissioner of health.
(b) Upon request, the nursing facility must give the
resident or the resident's representative a copy of the assessment form and the
other documentation that was given to the commissioner of health to support the
assessment findings. The nursing
facility shall also provide access to and a copy of other information from the
resident's record that has been requested by or on behalf of the resident to
support a resident's reconsideration request.
A copy of any requested material must be provided within three working
days of receipt of a written request for the information. If a facility fails to provide the material
within this time, it is subject to the issuance of a correction order and
penalty assessment under sections 144.653 and 144A.10. Notwithstanding those sections, any correction
order issued under this subdivision must require that the nursing facility
immediately comply with the request for information and that as of the date of
the issuance of the correction order, the facility shall forfeit to the state a
$100 fine for the first day of noncompliance, and an increase in the $100 fine
by $50 increments for each day the noncompliance continues.
(c) In addition to the information required under
paragraphs (a) and (b), a reconsideration request from a nursing facility must
contain the following information: (i) the date the reimbursement
classification notices were received by the facility; (ii) the date the
classification notices were distributed to the resident or the resident's
representative; and (iii) a copy of a notice sent to the resident or to the
resident's representative. This notice
must inform the resident or the resident's representative that a
reconsideration of the resident's classification is being requested, the reason
for the request, that the resident's rate will change if the request is
approved by the commissioner, the extent of the change, that copies of the
facility's request and supporting documentation are available for review, and
that the resident also has the right to request a reconsideration. If the facility fails to provide the required
information with the reconsideration request, the request must be denied, and
the facility may not make further reconsideration requests on that specific
reimbursement classification.
(d) Reconsideration by the commissioner must be made
by individuals not involved in reviewing the assessment, audit, or
reconsideration that established the disputed classification. The reconsideration must be based upon the
initial assessment and upon the information provided to the commissioner under
paragraphs (a) and (b). If necessary for
evaluating the reconsideration request, the commissioner may conduct on-site
reviews. Within 15 working days of
receiving the request for reconsideration, the commissioner shall affirm or
modify the original resident classification.
The original classification must be modified if the commissioner
determines that the assessment resulting in the classification did not
accurately reflect the needs or assessment characteristics of the resident at
the time of the assessment. The resident
and the nursing facility or boarding care home shall be notified within five
working days after the decision is made.
A decision by the commissioner under this subdivision is the final administrative
decision of the agency for the party requesting reconsideration.
(e) The resident classification established by the
commissioner shall be the classification that applies to the resident while the
request for reconsideration is pending. If
a request for reconsideration applies to an assessment used to determine
nursing facility level of care under subdivision 4, paragraph (c), the resident
shall continue to be eligible for nursing facility level of care while the
request for reconsideration is pending.
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(f) The commissioner may request additional
documentation regarding a reconsideration necessary to make an accurate
reconsideration determination.
EFFECTIVE DATE.
The section is effective January 1, 2011.
Sec. 4.
Minnesota Statutes 2008, section 144.0724, is amended by adding a
subdivision to read:
Subd. 11.
Nursing facility level of
care. (a) For purposes of
medical assistance payment of long-term care services, a recipient must be
determined, using assessments defined in subdivision 4, to meet one of the
following nursing facility level of care criteria:
(1) the person needs the assistance
of another person or constant supervision to begin and complete at least four
of the following activities of living:
bathing, bed mobility, dressing, eating, grooming, toileting,
transferring, and walking;
(2) the person needs the assistance
of another person or constant supervision to begin and complete toileting,
transferring, or positioning and the assistance cannot be scheduled;
(3) the person has significant
difficulty with memory, using information, daily decision making, or behavioral
needs that require intervention;
(4) the person has had a qualifying
nursing facility stay of at least 90 days; or
(5) the person is determined to be at
risk for nursing facility admission or readmission through a face-to-face long-term
care consultation assessment as specified in section 256B.0911, subdivision 3a,
3b, or 4d, by a county, tribe, or managed care organization under contract with
the Department of Human Services. The
person is considered at risk under this clause if the person currently lives
alone or will live alone upon discharge and also meets one of the following
criteria:
(i) the person has experienced a fall
resulting in a fracture;
(ii) the person has been determined
to be at risk of maltreatment or neglect, including self-neglect; or
(iii) the person has a sensory
impairment that substantially impacts functional ability and maintenance of a
community residence.
(b) The assessment used to establish
medical assistance payment for nursing facility services must be the most
recent assessment performed under subdivision 4, paragraph (b), that occurred
no more than 90 calendar days before the effective date of medical assistance
eligibility for payment of long-term care services. In no case shall medical assistance payment
for long-term care services occur prior to the date of the determination of
nursing facility level of care.
(c) The assessment used to establish
medical assistance payment for long-term care services provided under sections
256B.0915 and 256B.49 and alternative care payment for services provided under
section 256B.0913 must be the most recent face-to-face assessment performed
under section 256B.0911, subdivision 3a, that occurred no more than 60 calendar
days before the effective date of medical assistance eligibility for payment of
long-term care services.
EFFECTIVE DATE.
The section is effective January 1, 2011.
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Sec. 5.
Minnesota Statutes 2008, section 144.0724, is amended by adding a
subdivision to read:
Subd. 12.
Appeal of nursing facility
level of care determination. A
resident or prospective resident whose level of care determination results in a
denial of long-term care services can appeal the determination as outlined in
section 256B.0911, subdivision 3a, paragraph (h), clause (7).
EFFECTIVE DATE.
The section is effective January 1, 2011.
Sec. 6.
Minnesota Statutes 2008, section 144A.073, is amended by adding a
subdivision to read:
Subd. 12.
Extension of approval of
moratorium exception projects. Notwithstanding
subdivision 3, the commissioner of health shall extend project approval by an additional
18 months for an approved proposal for an exception to the nursing home
licensure and certification moratorium if the proposal was approved under this
section between July 1, 2007, and June 30, 2009.
Sec. 7.
Minnesota Statutes 2008, section 144A.44, subdivision 2, is amended to
read:
Subd. 2. Interpretation and enforcement of rights. These rights are established for the benefit
of persons who receive home care services. "Home care services" means
home care services as defined in section 144A.43, subdivision 3, and
unlicensed personal care assistance services, including services covered by
medical assistance under section 256B.0625, subdivision 19a. A home care provider may not require a person
to surrender these rights as a condition of receiving services. A guardian or conservator or, when there is
no guardian or conservator, a designated person, may seek to enforce these
rights. This statement of rights does
not replace or diminish other rights and liberties that may exist relative to
persons receiving home care services, persons providing home care services, or
providers licensed under Laws 1987, chapter 378. A copy of these rights must be provided to an
individual at the time home care services, including personal care
assistance services, are initiated.
The copy shall also contain the address and phone number of the Office
of Health Facility Complaints and the Office of Ombudsman for Long-Term Care
and a brief statement describing how to file a complaint with these
offices. Information about how to
contact the Office of Ombudsman for Long-Term Care shall be included in notices
of change in client fees and in notices where home care providers initiate
transfer or discontinuation of services.
Sec. 8.
Minnesota Statutes 2008, section 245A.03, is amended by adding a
subdivision to read:
Subd. 7.
Licensing moratorium. (a) The commissioner shall not issue an
initial license for child foster care licensed under Minnesota Rules, parts
2960.3000 to 2960.3340, or adult foster care licensed under Minnesota Rules,
parts 9555.5105 to 9555.6265, under this chapter for a physical location that
will not be the primary residence of the license holder for the entire period
of licensure. If a license is issued
during this moratorium, and the license holder changes the license holder's
primary residence away from the physical location of the foster care license,
the commissioner shall revoke the license according to section 245A.07. Exceptions to the moratorium include:
(1) foster care settings that are
required to be registered under chapter 144D;
(2) foster care licenses replacing
foster care licenses in existence on the effective date of this section and
determined to be needed by the commissioner under paragraph (b);
(3) new foster care licenses
determined to be needed by the commissioner under paragraph (b) for the closure
of a nursing facility, ICF/MR, or regional treatment center;
(4) new foster care licenses
determined to be needed by the commissioner under paragraph (b) for persons
requiring hospital level care; or
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(5) new foster care licenses
determined to be needed by the commissioner for the transition of people from
personal care assistance to the home and community-based services.
(b) The commissioner shall determine
the need for newly licensed foster care homes as defined under this
subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the
area which the licensee seeks to operate, and the recommendation of the local
county board. The determination by the
commissioner must be final. A
determination of need is not required for a change in ownership at the same
address.
(c) Residential settings that would
otherwise be subject to the moratorium established in paragraph (a), that are
in the process of receiving an adult or child foster care license as of July 1,
2009, shall be allowed to continue to complete the process of receiving an
adult or child foster care license. For
this paragraph, all of the following conditions must be met to be considered in
process of receiving an adult or child foster care license:
(1) participants have made decisions
to move into the residential setting, including documentation in each
participant's care plan;
(2) the provider has purchased housing
or has made a financial investment in the property;
(3) the lead agency has approved the
plans, including costs for the residential setting for each individual;
(4) the completion of the licensing
process, including all necessary inspections, is the only remaining component
prior to being able to provide services; and
(5) the needs of the individuals
cannot be met within the existing capacity in that county.
To qualify for the process under this paragraph, the lead
agency must submit documentation to the commissioner by August 1, 2009, that
all of the above criteria are met.
(d) The commissioner shall study the
effects of the license moratorium under this subdivision and shall report back
to the legislature by January 15, 2011.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 9. Minnesota
Statutes 2008, section 245A.11, is amended by adding a subdivision to read:
Subd. 8.
Community residential setting
license. (a) The commissioner
shall establish provider standards for residential support services that
integrate service standards and the residential setting under one license. The commissioner shall propose statutory
language and an implementation plan for licensing requirements for residential
support services to the legislature by January 15, 2011.
(b) Providers licensed under chapter
245B, and providing, contracting, or arranging for services in settings
licensed as adult foster care under Minnesota Rules, parts 9555.5105 to
9555.6265, or child foster care under Minnesota Rules, parts 2960.3000 to 2960.3340;
and meeting the provisions of section 256B.092, subdivision 11, paragraph (b),
must be required to obtain a community residential setting license.
Sec. 10.
Minnesota Statutes 2008, section 252.46, is amended by adding a
subdivision to read:
Subd. 1a.
Day training and habilitation
rates. The commissioner shall
establish a statewide rate-setting methodology for all day training and
habilitation services. The rate-setting
methodology must abide by the principles of transparency and equitability
across the state. The methodology must
involve a uniform process of structuring rates for each service and must
promote quality and participant choice.
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Sec. 11.
Minnesota Statutes 2008, section 252.50, subdivision 1, is amended to
read:
Subdivision 1. Community-based programs established. The commissioner shall establish a system of
state-operated, community-based programs for persons with developmental
disabilities. For purposes of this
section, "state-operated, community-based program" means a program
administered by the state to provide treatment and habilitation in
noninstitutional community settings to persons with developmental
disabilities. Employees of the programs,
except clients who work within and benefit from these treatment and
habilitation programs, must be state employees under chapters 43A and 179A. Although any clients who work within and
benefit from these treatment and habilitation programs are not employees under
chapters 43A and 179A, the Department of Human Services may consider clients
who work within and benefit from these programs employees for federal tax
purposes. The establishment of state-operated,
community-based programs must be within the context of a comprehensive
definition of the role of state-operated services in the state. The role of state-operated services must be
defined within the context of a comprehensive system of services for persons
with developmental disabilities.
State-operated, community-based programs may include, but are not
limited to, community group homes, foster care, supportive living services, day
training and habilitation programs, and respite care arrangements. The commissioner may operate the pilot
projects established under Laws 1985, First Special Session chapter 9, article
1, section 2, subdivision 6, and shall, within the limits of available
appropriations, establish additional state-operated, community-based programs
for persons with developmental disabilities.
State-operated, community-based programs may accept admissions from
regional treatment centers, from the person's own home, or from community
programs. State-operated,
community-based programs offering day program services may be provided for
persons with developmental disabilities who are living in state-operated,
community-based residential programs until July 1, 2000. No later than 1994, the commissioner,
together with family members, counties, advocates, employee representatives,
and other interested parties, shall begin planning so that by July 1, 2000,
state-operated, community-based residential facilities will be in compliance
with section 252.41, subdivision 9.
Sec. 12.
Minnesota Statutes 2008, section 256.01, is amended by adding a
subdivision to read:
Subd. 29.
State medical review team. (a) To ensure the timely processing of
determinations of disability by the commissioner's state medical review team
under sections 256B.055, subdivision 7, paragraph (b), 256B.057, subdivision 9,
paragraph (j), and 256B.055, subdivision 12, the commissioner shall review all
medical evidence submitted by county agencies with a referral and seek
additional information from providers, applicants, and enrollees to support the
determination of disability where necessary.
Disability shall be determined according to the rules of title XVI and
title XIX of the Social Security Act and pertinent rules and policies of the
Social Security Administration.
(b) Prior to a denial or withdrawal of
a requested determination of disability due to insufficient evidence, the
commissioner shall (1) ensure that the missing evidence is necessary and
appropriate to a determination of disability, and (2) assist applicants and
enrollees to obtain the evidence, including, but not limited to, medical
examinations and electronic medical records.
(c) The commissioner shall provide the
chairs of the legislative committees with jurisdiction over health and human
services finance and budget the following information on the activities of the
state medical review team by February 1, 2010, and annually thereafter:
(1) the number of applications to the
state medical review team that were denied, approved, or withdrawn;
(2) the average length of time from
receipt of the application to a decision;
(3) the number of appeals and appeal
results;
(4) for applicants, their age, health
coverage at the time of application, hospitalization history within three
months of application, and whether an application for Social Security or
Supplemental Security Income benefits is pending; and
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(5) specific information on the
medical certification, licensure, or other credentials of the person or persons
performing the medical review determinations and length of time in that
position.
Sec. 13. [256.0281] INTERAGENCY DATA EXCHANGE.
The Department of Human Services, the
Department of Health, and the Office of the Ombudsman for Mental Health and
Developmental Disabilities may establish interagency agreements governing the
electronic exchange of data on providers and individuals collected, maintained,
or used by each agency when such exchange is outlined by each agency in an
interagency agreement to accomplish the purposes in clauses (1) to (4):
(1) to improve provider enrollment
processes for home and community-based services and state plan home care
services;
(2) to improve quality management of
providers between state agencies;
(3) to establish and maintain provider
eligibility to participate as providers under Minnesota health care programs;
or
(4) to meet the quality assurance
reporting requirements under federal law under section 1915(c) of the Social
Security Act related to home and community-based waiver programs.
Each interagency agreement must include provisions to ensure
anonymity of individuals, including mandated reporters, and must outline the
specific uses of and access to shared data within each agency. Electronic interfaces between source data
systems developed under these interagency agreements must incorporate these
provisions as well as other HIPPA provisions related to individual data.
Sec. 14.
Minnesota Statutes 2008, section 256.476, subdivision 5, is amended to
read:
Subd. 5. Reimbursement, allocations, and reporting. (a) For the purpose of transferring persons to
the consumer support grant program from the family support program and personal
care assistant services, home health aide services, or private duty nursing
services, the amount of funds transferred by the commissioner between the
family support program 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 monthly
grant levels allowed under subdivision 11; 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 monthly grant
levels associated with those persons or service openings, to the consumer
support grant program.
(c) The amount of funds transferred by the commissioner
from the medical assistance account for an individual may be changed if it is
determined by the county or its agent that the individual's need for support
has changed.
(d) The authority to utilize funds transferred to the
consumer support grant account for the purposes of implementing and
administering the consumer support grant program will not be limited or
constrained by the spending authority provided to the program of origination.
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(e) The commissioner may use up to five percent of each
county's allocation, as adjusted, for payments for administrative expenses, to
be paid as a proportionate addition to reported direct service expenditures.
(f) The county allocation for each person or the
person's legal representative or other authorized representative cannot exceed
the amount allowed under subdivision 11.
(g) 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.
(h) Grant funds unexpended by consumers shall return to
the state once a year. The annual return
of unexpended grant funds shall occur in the quarter following the end of the
state fiscal year.
Sec. 15.
Minnesota Statutes 2008, section 256.476, subdivision 11, is amended to
read:
Subd. 11. Consumer support grant program after July
1, 2001. (a) Effective July
1, 2001, the commissioner shall allocate consumer support grant resources to
serve additional individuals based on a review of Medicaid authorization and
payment information of persons eligible for a consumer support grant from the
most recent fiscal year. The
commissioner shall use the following methodology to calculate maximum allowable
monthly consumer support grant levels:
(1) For individuals whose program of origination is
medical assistance home care under sections 256B.0651 and 256B.0653 to
256B.0656, the maximum allowable monthly grant levels are calculated by:
(i) determining the nonfederal share 50
percent of the average service authorization for each home care rating;
(ii) calculating the overall ratio of actual payments
to service authorizations by program;
(iii) applying the overall ratio to the average service
authorization level of each home care rating;
(iv) adjusting the result for any authorized rate
increases provided by the legislature; and
(v) adjusting the result for the average monthly
utilization per recipient.
(2) The commissioner may review and evaluate the
methodology to reflect changes in the home care program's overall ratio of
actual payments to service authorizations programs.
(b) Effective January 1, 2004, persons
previously receiving exception grants will have their grants calculated using
the methodology in paragraph (a), clause (1).
If a person currently receiving an exception grant wishes to have their
home care rating reevaluated, they may request an assessment as defined in
section 256B.0651, subdivision 1, paragraph (b).
Sec. 16.
Minnesota Statutes 2008, section 256.975, subdivision 7, is amended to
read:
Subd. 7. Consumer information and assistance and
long-term care options counseling; senior linkage Senior LinkAge
Line. (a) The Minnesota Board on
Aging shall operate a statewide information and assistance service to
aid older Minnesotans and their families in making informed choices about
long-term care options and health care benefits. Language services to persons with limited
English language skills may be made available.
The service, known as Senior LinkAge Line, must be available during
business hours through a statewide toll-free number and must also be available
through the Internet.
(b) The service must assist provide long-term
care options counseling by assisting older adults, caregivers, and
providers in accessing information and options counseling about choices
in long-term care services that are purchased through private providers or
available through public options. The
service must:
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(1)
develop a comprehensive database that includes detailed listings in both
consumer- and provider-oriented formats;
(2) make
the database accessible on the Internet and through other telecommunication and
media-related tools;
(3) link
callers to interactive long-term care screening tools and make these tools
available through the Internet by integrating the tools with the database;
(4)
develop community education materials with a focus on planning for long-term
care and evaluating independent living, housing, and service options;
(5)
conduct an outreach campaign to assist older adults and their caregivers in
finding information on the Internet and through other means of communication;
(6)
implement a messaging system for overflow callers and respond to these callers
by the next business day;
(7) link
callers with county human services and other providers to receive more in-depth
assistance and consultation related to long-term care options;
(8) link
callers with quality profiles for nursing facilities and other providers
developed by the commissioner of health; and
(9)
incorporate information about housing with services and consumer rights within
the MinnesotaHelp.info network long-term care database to facilitate consumer
comparison of services and costs among housing with services establishments and
with other in-home services and to support financial self-sufficiency as long
as possible. Housing with services
establishments and their arranged home care providers shall provide information
to the commissioner of human services that is consistent with information
required by the commissioner of health under section 144G.06, the Uniform
Consumer Information Guide. The
commissioner of human services shall provide the data to the Minnesota Board on
Aging for inclusion in the MinnesotaHelp.info network long-term care database.;
(10)
provide long-term care options counseling.
Long-term care options counselors shall:
(i)
for individuals not eligible for case management under a public program or
public funding source, provide interactive decision support under which
consumers, family members, or other helpers are supported in their
deliberations to determine appropriate long-term care choices in the context of
the consumer's needs, preferences, values, and individual circumstances,
including implementing a community support plan;
(ii)
provide Web-based educational information and collateral written materials to
familiarize consumers, family members, or other helpers with the long-term care
basics, issues to be considered, and the range of options available in the
community;
(iii)
provide long-term care futures planning, which means providing assistance to
individuals who anticipate having long-term care needs to develop a plan for
the more distant future; and
(iv)
provide expertise in benefits and financing options for long-term care,
including Medicare, long-term care insurance, tax or employer-based incentives,
reverse mortgages, private pay options, and ways to access low or no-cost
services or benefits through volunteer-based or charitable programs; and
(11)
using risk management and support planning protocols, provide long-term care
options counseling to current residents of nursing homes deemed appropriate for
discharge by the commissioner. In order
to meet this requirement, the commissioner shall provide designated Senior
LinkAge Line contact centers with a list of nursing
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home
residents appropriate for discharge planning via a secure Web portal. Senior LinkAge Line shall provide these
residents, if they indicate a preference to receive long-term care options
counseling, with initial assessment, review of risk factors, independent living
support consultation, or referral to:
(i)
services under section 256B.0911, subdivision 3;
(ii)
designated care coordinators of contracted entities under section 256B.035 for
persons who are enrolled in a managed care plan; or
(iii)
the long-term care consultation team for those who are appropriate for
relocation service coordination due to high-risk factors or psychological or
physical disability.
(c)
The Minnesota Board on Aging shall conduct an evaluation of the effectiveness
of the statewide information and assistance, and submit this evaluation to the
legislature by December 1, 2002. The
evaluation must include an analysis of funding adequacy, gaps in service
delivery, continuity in information between the service and identified
linkages, and potential use of private funding to enhance the service.
Sec.
17. Minnesota Statutes 2008, section
256B.055, subdivision 7, is amended to read:
Subd.
7. Aged,
blind, or disabled persons. (a) Medical
assistance may be paid for a person who meets the categorical eligibility
requirements of the supplemental security income program or, who would meet
those requirements except for excess income or assets, and who meets the other
eligibility requirements of this section.
(b)
Following a determination that the applicant is not aged or blind and does not
meet any other category of eligibility for medical assistance and has not been
determined disabled by the Social Security Administration, applicants under
this subdivision shall be referred to the commissioner's state medical review
team for a determination of disability.
Sec.
18. Minnesota Statutes 2008, section
256B.0625, subdivision 6a, is amended to read:
Subd.
6a. Home
health services. Home health
services are those services specified in Minnesota Rules, part 9505.0295 and
sections 256B.0651 and 256B.0653.
Medical assistance covers home health services at a recipient's home
residence. Medical assistance does not
cover home health services for residents of a hospital, nursing facility, or
intermediate care facility, unless the commissioner of human services has prior
authorized skilled nurse visits for less than 90 days for a resident at an
intermediate care facility for persons with developmental disabilities, to
prevent an admission to a hospital or nursing facility or unless a resident who
is otherwise eligible is on leave from the facility and the facility either
pays for the home health services or forgoes the facility per diem for the
leave days that home health services are used.
Home health services must be provided by a Medicare certified home
health agency. All nursing and home
health aide services must be provided according to sections 256B.0651 to 256B.0656
256B.0653.
Sec.
19. Minnesota Statutes 2008, section
256B.0625, subdivision 7, is amended to read:
Subd.
7. Private
duty nursing. Medical assistance
covers private duty nursing services in a recipient's home. Recipients who are authorized to receive
private duty nursing services in their home may use approved hours outside of
the home during hours when normal life activities take them outside of their
home. To use private duty nursing
services at school, the recipient or responsible party must provide written
authorization in the care plan identifying the chosen provider and the daily
amount of services to be used at school.
Medical assistance does not cover private duty nursing services for
residents of a hospital, nursing facility, intermediate care facility, or a
health care facility licensed by the commissioner of health, except as authorized
in section 256B.64 for ventilator-dependent recipients in hospitals or unless a
resident who is otherwise eligible is on leave from the facility and the
facility either pays for
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the
private duty nursing services or forgoes the facility per diem for the leave
days that private duty nursing services are used. Total hours of service and payment allowed
for services outside the home cannot exceed that which is otherwise allowed in
an in-home setting according to sections 256B.0651 and 256B.0653 256B.0654
to 256B.0656. All private duty
nursing services must be provided according to the limits established under
sections 256B.0651 and 256B.0653 to 256B.0656.
Private duty nursing services may not be reimbursed if the nurse is the family
foster care provider of a recipient who is under age 18, unless allowed
under section 256B.0654, subdivision 4.
Sec. 20. Minnesota
Statutes 2008, section 256B.0625, subdivision 19a, is amended to read:
Subd. 19a. Personal care assistant
assistance services. Medical
assistance covers personal care assistant assistance services in
a recipient's home. Effective January
1, 2010, to qualify for personal care assistant assistance services,
a recipient must require assistance and be determined dependent in one
activity of daily living as defined in section 256B.0659, subdivision 1,
paragraph (b), or in a Level I behavior as defined in section 256B.0659,
subdivision 1, paragraph (c). Beginning
July 1, 2011, to qualify for personal care assistance services, a recipient
must require assistance and be determined dependent in at least two activities
of daily living as defined in section 256B.0659. Recipients or responsible parties must be
able to identify the recipient's needs, direct and evaluate task
accomplishment, and provide for health and safety. Approved hours may be used outside the home
when normal life activities take them outside the home. To use personal care assistant
assistance services at school, the recipient or responsible party must
provide written authorization in the care plan identifying the chosen provider
and the daily amount of services to be used at school. Total hours for services, whether actually
performed inside or outside the recipient's home, cannot exceed that which is
otherwise allowed for personal care assistant assistance services
in an in-home setting according to sections 256B.0651 and 256B.0653 to 256B.0656. Medical assistance does not cover personal
care assistant assistance 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 assistant
assistance services or forgoes the facility per diem for the leave days
that personal care assistant assistance services are used. All personal care assistant
assistance services must be provided according to sections 256B.0651 and
256B.0653 to 256B.0656. Personal
care assistant assistance services may not be reimbursed if the
personal care assistant is the spouse or legal paid guardian of
the recipient or the parent of a recipient under age 18, or the responsible
party or the family foster care provider of a recipient who cannot
direct the recipient's own care unless, in the case of a foster care provider,
a county or state case manager visits the recipient as needed, but not 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 assistant
services, if they are granted a waiver under sections 256B.0651 and 256B.0653
to 256B.0656. Notwithstanding the
provisions of section 256B.0655, subdivision 2, paragraph (b), clause (4)
256B.0659, the noncorporate legal unpaid guardian or
conservator of an adult, who is not the responsible party and not the personal
care provider organization, may be granted a hardship waiver under sections
256B.0651 and 256B.0653 to 256B.0656, to be reimbursed to provide personal care
assistant assistance services to the recipient if the guardian
or conservator meets all criteria for a personal care assistant according to
section 256B.0659, and shall not be considered to have a service provider
interest for purposes of participation on the screening team under section
256B.092, subdivision 7.
Sec. 21.
Minnesota Statutes 2008, section 256B.0625, subdivision 19c, is amended
to read:
Subd. 19c. Personal care. Medical assistance covers personal care assistant
assistance services provided by an individual who is qualified to provide
the services according to subdivision 19a and sections 256B.0651 and
256B.0653 to 256B.0656, where the services have a statement of need by a
physician, provided in accordance with a plan, and are supervised by
the recipient or a qualified professional. The physician's statement of need for
personal care assistant services shall be documented on a form approved by the
commissioner and include the diagnosis or condition of the person that results
in a need for personal care assistant services and be updated when the person's
medical condition requires a change, but at least annually if the need for
personal care assistant services is ongoing.
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"Qualified professional" means a mental health
professional as defined in section 245.462, subdivision 18, or 245.4871,
subdivision 27; or a registered nurse as defined in sections 148.171 to
148.285, or a licensed social worker as defined in section 148B.21,
or a qualified developmental disabilities specialist undersection 245B.07,
subdivision 4. As part of the
assessment, the county public health nurse will assist the recipient or
responsible party to identify the most appropriate person to provide
supervision of the personal care assistant.
The qualified professional shall perform the duties described
required in Minnesota Rules, part 9505.0335, subpart 4 section
256B.0659.
Sec. 22.
Minnesota Statutes 2008, section 256B.0641, subdivision 3, is amended to
read:
Subd. 3. Facility in receivership. Subdivision 2 does not apply to the change of
ownership of a facility to a nonrelated organization while the facility to be
sold, transferred or reorganized is in receivership under section 144A.14,
144A.15, 245A.12, or 245A.13, and the commissioner during the
receivership has not determined the need to place residents of the facility
into a newly constructed or newly established facility. Nothing in this subdivision limits the
liability of a former owner.
Sec. 23.
Minnesota Statutes 2008, section 256B.0651, is amended to read:
256B.0651 HOME CARE
SERVICES.
Subdivision 1. Definitions. (a) "Activities of daily living"
includes eating, toileting, grooming, dressing, bathing, transferring,
mobility, and positioning For the purposes of sections 256B.0651 to
256B.0656 and 256B.0659, the terms in paragraphs (b) to (g) have the meanings
given.
(b) "Activities of daily living" has the
meaning given in section 256B.0659, subdivision 1, paragraph (b).
(c) "Assessment" means a review and evaluation
of a recipient's need for home care services conducted in person. Assessments for home health agency services
shall be conducted by a home health agency nurse. Assessments for medical assistance home care
services for developmental disability and alternative care services for
developmentally disabled home and community-based waivered recipients may be conducted
by the county public health nurse to ensure coordination and avoid
duplication. Assessments must be
completed on forms provided by the commissioner within 30 days of a request for
home care services by a recipient or responsible party.
(c) (d) "Home care services" means a health
service, determined by the commissioner as medically necessary, that is ordered
by a physician and documented in a service 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
means medical assistance covered services that are home health agency services,
including skilled nurse visits; home health aide visits; physical therapy,
occupational therapy, respiratory therapy, and language-speech pathology
therapy; private duty nursing; and personal care assistance.
(e) "Home residence,"
effective January 1, 2010, means a residence owned or rented by the recipient
either alone, with roommates of the recipient's choosing, or with an unpaid
responsible party or legal representative; or a family foster home where the
license holder lives with the recipient and is not paid to provide home care
services for the recipient except as allowed under sections 256B.0651,
subdivision 9, and 256B.0654, subdivision 4.
(d) (f) "Medically necessary" has the meaning given
in Minnesota Rules, parts 9505.0170 to 9505.0475.
(e) "Telehomecare" means the
use of telecommunications technology by a home health care professional to
deliver home health care services, within the professional's scope of practice,
to a patient located at a site other than the site where the practitioner is
located.
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(g)
"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 on a ventilator for at least 30 consecutive days.
Subd.
2. Services
covered. Home care services covered
under this section and sections 256B.0653 256B.0652 to 256B.0656 and 256B.0659 include:
(1)
nursing services under section sections 256B.0625, subdivision 6a,
and 256B.0653;
(2)
private duty nursing services under section sections 256B.0625, subdivision
7, and 256B.0654;
(3) home
health services under section sections 256B.0625, subdivision 6a,
and 256B.0653;
(4)
personal care assistant assistance services under section
sections 256B.0625, subdivision 19a, and 256B.0659;
(5)
supervision of personal care assistant assistance services
provided by a qualified professional under section sections
256B.0625, subdivision 19a, and 256B.0659;
(6) qualified
professional of personal care assistant services under the fiscal intermediary
option as specified in section 256B.0655, subdivision 7;
(7) face-to-face assessments by county public health
nurses for services under section sections 256B.0625, subdivision
19a, 256B.0655, and 256B.0659; and
(8) (7) service
updates and review of temporary increases for personal care assistant
assistance services by the county public health nurse for services under section
sections 256B.0625, subdivision 19a, and 256B.0659.
Subd.
3. Noncovered
home care services. The following
home care services are not eligible for payment under medical assistance:
(1)
skilled nurse visits for the sole purpose of supervision of the home health
aide;
(2) a
skilled nursing visit:
(i)
only for the purpose of monitoring medication compliance with an established medication
program for a recipient; or
(ii)
to administer or assist with medication administration, including injections,
prefilling syringes for injections, or oral medication set-up of an adult
recipient, when as determined and documented by the registered nurse, the need
can be met by an available pharmacy or the recipient is physically and mentally
able to self-administer or prefill a medication;
(3)
home care services to a recipient who is eligible for covered services under
the Medicare program or any other insurance held by the recipient;
(4)
services to other members of the recipient's household;
(5) a
visit made by a skilled nurse solely to train other home health agency workers;
(6)
any home care service included in the daily rate of the community-based
residential facility where the recipient is residing;
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(7) nursing and rehabilitation
therapy services that are reasonably accessible to a recipient outside the recipient's
place of residence, excluding the assessment, counseling and education, and
personal assistant care;
(8) any home health agency service,
excluding personal care assistant services and private duty nursing services,
which are performed in a place other than the recipient's residence; and
(9) Medicare evaluation or
administrative nursing visits on dual-eligible recipients that do not qualify
for Medicare visit billing.
(1) services provided in a nursing
facility, hospital, or intermediate care facility with exceptions in section
256B.0653;
(2) services for the sole purpose of
monitoring medication compliance with an established medication program for a
recipient;
(3) home care services for covered
services under the Medicare program or any other insurance held by the
recipient;
(4) services to other members of the
recipient's household;
(5) any home care service included in
the daily rate of the community-based residential facility where the recipient
is residing;
(6) nursing and rehabilitation
therapy services that are reasonably accessible to a recipient outside the
recipient's place of residence, excluding the assessment, counseling and
education, and personal assistance care; or
(7) Medicare evaluation or
administrative nursing visits on dual-eligible recipients that do not qualify
for Medicare visit billing.
Subd. 4. Prior Authorization; exceptions. All home care services above the limits in
subdivision 11 must receive the commissioner's prior authorization
before services begin, 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; a recipient's medical
assistance eligibility has lapsed, is then retroactively reinstated, and an
authorization for home care services is completed based on the date of a
current assessment, eligibility, and request for authorization;
(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;
(4) the commissioner has determined that a county or
state human services agency has made an error; or
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(5) the
professional nurse determines an immediate need for up to 40 skilled nursing or
home health aide visits per calendar year and submits a request for
authorization within 20 working days of the initial service date, and medical
assistance is determined to be the appropriate payer. if a recipient
enrolled in managed care experiences a temporary disenrollment from a health
plan, the commissioner shall accept the current health plan authorization for
personal care assistance services for up to 60 days. The request must be received within the first
30 days of the disenrollment. If the
recipient's reenrollment in managed care is after the 60 days and before 90
days, the provider shall request an additional 30-day extension of the current
health plan authorization, for a total limit of 90 days from the time of
disenrollment.
Subd.
5.
Retroactive authorization. A request for retroactive authorization
will be evaluated according to the same criteria applied to prior authorization
requests.
Subd.
6. Prior
Authorization. (a) The
commissioner, or the commissioner's designee, shall review the assessment, service
update, request for temporary services, request for flexible use option,
service plan, and any additional information that is submitted. The commissioner shall, within 30 days after
receiving a complete request, assessment, and service plan, authorize home care
services as follows: provided
in this section.
(a) Home health services. (b) All Home health services provided
by a home health aide including skilled nurse visits and home health
aide visits 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. The commissioner
must receive the request for authorization of skilled nurse visits and home
health aide visits within 20 working days of the start of service. 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 home health
aide visits to no more than one visit each per day. The commissioner, or the commissioner's
designee, may authorize up to two skilled nurse visits per day.
(b) Ventilator-dependent recipients. (c) 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 paragraph, home care
services means all direct care 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. Recipients who meet the definition of
ventilator dependent and the EN home care rating and utilize a combination of
home care services are limited up to a total of 24 hours of home care services
per day. Additional hours may be
authorized when a recipient's assessment indicates a need for two staff to
perform activities. Additional time is
limited to four hours per day.
Subd.
7. Prior
Authorization; time limits. (a) The
commissioner or the commissioner's designee shall determine the time period for
which a prior an authorization shall be effective and, if
flexible use has been requested, whether to allow the flexible use option. 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. A personal care provider agency must request
a new personal care assistant assistance services assessment, or
service update if allowed, at least 60 days prior to the end of the current prior
authorization time period. The request
for the assessment must be made on a form approved by the commissioner. Under no circumstances, other than the
exceptions in subdivision 4, shall a prior An authorization must be
valid prior to the date the commissioner receives the request or for no
more than 12 months.
(b)
The amount and type of personal care assistance services authorized based upon
the assessment and service plan must remain in effect for the recipient whether
the recipient chooses a different provider or enrolls or disenrolls from a
managed care plan under section 256B.0659, unless the service needs of the
recipient change and new assessment is warranted under section 256B.0655,
subdivision 1b.
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(c) A recipient who appeals a reduction in previously
authorized home care services may continue previously authorized services,
other than temporary services under subdivision 8, pending an appeal under
section 256.045. The commissioner must provide
ensure that the recipient has a copy of the most recent service plan that
contains a detailed explanation of why the authorized services which
areas of covered personal care assistance tasks are reduced in amount
from those requested by the home care provider, and provide notice of
the amount of time per day reduced, and the reasons for the reduction in the
recipient's notice of denial, termination, or reduction.
Subd.
8. Prior
Authorization requests; temporary services.
The agency nurse, the independently enrolled private duty nurse,
or county public health nurse 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 service or care plan information, and primary payer coverage
determination information as required.
Authorization for a temporary level of home care services including
nurse supervision is limited to the time specified by the commissioner, but
shall not exceed 45 days, unless extended because the county public health
nurse has not completed the required assessment and service plan, or the
commissioner's determination has not been made. The level of services authorized under this
provision shall have no bearing on a future prior authorization.
Subd.
9. Prior
Authorization for foster care setting.
(a) Home care services provided in an adult or child foster care
setting must receive prior authorization by the department
commissioner according to the limits established in subdivision 11.
(b) 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, difficulty of care rate as of
January 1, 2010, and administrative rules;
(2)
personal care assistant assistance 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, unless the
foster home is the licensed provider's primary residence as defined in section
256B.0625, subdivision 19a; or
(3)
personal care assistant 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; or
(4) (3)
personal care assistant and private duty nursing services when the number
of foster care residents licensed capacity is greater than four unless
the county responsible for the recipient's foster placement made the placement
prior to April 1, 1992, requests that personal care assistant and private duty
nursing services be provided, and case management is provided as required in
section 256B.0625, subdivision 19a.
Subd.
10.
Limitation on payments. Medical assistance payments for home care
services shall be limited according to subdivisions 4 to 12 and sections
256B.0654, subdivision 2, and 256B.0655, subdivisions 3 and 4.
Subd.
11. Limits
on services without prior authorization. A recipient may receive the following home
care services during a calendar year:
(1) up
to two face-to-face assessments to determine a recipient's need for personal
care assistant assistance services;
(2) one
service update done to determine a recipient's need for personal care assistant
assistance services; and
(3) up
to nine face-to-face skilled nurse visits.
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Subd.
12. 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 subdivisions 4 to
12 and sections 256B.0654, subdivision 2, and 256B.0655, subdivisions 3
and 4, and 256B.0659, the cost-effectiveness of services, and the
amount, scope, and duration of home care services reimbursable by medical
assistance, based on the assessment, primary payer coverage determination
information as required, the service 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.
Subd.
13. Recovery
of excessive payments. The
commissioner shall seek monetary recovery from providers of payments made for
services which exceed the limits established in this section and sections
256B.0653 to 256B.0656, and 256B.0659.
This subdivision does not apply to services provided to a recipient at
the previously authorized level pending an appeal under section 256.045,
subdivision 10.
Subd.
14.
Referrals to Medicare
providers required. Home care
providers that do not participate in or accept Medicare assignment must refer
and document the referral of dual-eligible recipients to Medicare providers
when Medicare is determined to be the appropriate payer for services and
supplies and equipment. Providers must
be terminated from participation in the medical assistance program for failure
to make these referrals.
Subd.
15.
Quality assurance for program
integrity. The commissioner
shall establish an ongoing quality assurance process for home care services to
monitor program integrity, including provider standards and training, consumer
surveys, and random reviews of documentation.
Subd.
16.
Oversight of enrolled
providers. The commissioner has
the authority to request proof of documentation of meeting provider standards,
quality standards of care, correct billing practices, and other
information. Failure to comply with or
to provide access and information to demonstrate compliance with laws, rules,
or policies may result in suspension, denial, or termination of the provider
agency's enrollment with the department.
Sec.
24. Minnesota Statutes 2008, section
256B.0652, is amended to read:
256B.0652 PRIOR AUTHORIZATION AND REVIEW OF
HOME CARE SERVICES.
Subdivision
1. State
coordination. The commissioner shall
supervise the coordination of the prior authorization and review of home
care services that are reimbursed by medical assistance.
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 service care plan that meets the recipient's needs
is developed by the appropriate agency or individual;
(3)
ensure cost-effectiveness and nonduplication 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;
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(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; and
(7)
on the department's Web site:
(i)
provide a link to MinnesotaHelp.info for a list of enrolled home care agencies
with the following information: main office address, contact information for
the agency, counties in which services are provided, type of home care services
provided, whether the personal care assistance choice option is offered, types
of qualified professionals employed, number of personal care assistants
employed, and data on staff turnover; and
(ii)
post data on home care services including information from both fee-for-service
and managed care plans on recipients as available.
(c) In
addition, the commissioner or the commissioner's designee may:
(1)
review care plans, service 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;
(5)
assure the quality of home care services; and
(6)
assure that all liable third-party payers including, but not limited to,
Medicare have been used prior to medical assistance for home care services,
including but not limited to, home health agency, elected hospice benefit,
waivered services, alternative care program services, and personal 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.
Subd.
3. Assessment
and prior authorization process for persons receiving personal care
assistance and developmental disabilities services. 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 developmental disabilities
shall meet the requirements of sections 256B.0651 and 256B.0653 to 256B.0656
with the following exceptions:
(a) Upon
request for home care services and subsequent assessment by the public health
nurse under sections 256B.0651 and 256B.0653 to 256B.0656, 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.
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(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
developmental disabilities.
(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. 25.
Minnesota Statutes 2008, section 256B.0653, is amended to read:
256B.0653 HOME HEALTH
AGENCY COVERED SERVICES.
Subdivision 1. Homecare; skilled nurse visits
Scope. "Skilled nurse
visits" are provided in a recipient's residence under a plan of care or
service plan that specifies a level of care which the nurse is qualified to
provide. These services are:
(1) nursing services according to the
written plan of care or service plan and accepted standards of medical and
nursing practice in accordance with chapter 148;
(2) services which due to the recipient's
medical condition may only be safely and effectively provided by a registered
nurse or a licensed practical nurse;
(3) assessments performed only by a
registered nurse; and
(4) teaching and training the
recipient, the recipient's family, or other caregivers requiring the skills of
a registered nurse or licensed practical nurse. This section applies to home health
agency services including, home health aide, skilled nursing visits, physical
therapy, occupational therapy, respiratory therapy, and speech language
pathology therapy.
Subd. 2. Telehomecare; skilled nurse visits
Definitions. Medical
assistance covers skilled nurse visits according to section 256B.0625,
subdivision 6a, provided via telehomecare, for services which do not require
hands-on care between the home care nurse and recipient. The provision of telehomecare must be made
via live, two-way interactive audiovisual technology and may be augmented by
utilizing store-and-forward technologies.
Store-and-forward technology includes telehomecare services that do not
occur in real time via synchronous transmissions, and that do not require a
face-to-face encounter with the recipient for all or any part of any such
telehomecare visit. Individually identifiable
patient data obtained through real-time or store-and-forward technology must be
maintained as health records according to sections 144.291 to 144.298. If the video is used for research, training,
or other purposes unrelated to the care of the patient, the identity of the
patient must be concealed. A
communication between the home care nurse and recipient that consists solely of
a telephone conversation, facsimile, electronic mail, or a consultation between
two health care practitioners, is not to be considered a telehomecare
visit. Multiple daily skilled nurse
visits provided via telehomecare are allowed.
Coverage of telehomecare is limited to two visits per day. All skilled nurse visits provided via
telehomecare must be prior authorized by the commissioner or the commissioner's
designee and will be covered at the same allowable rate as skilled nurse visits
provided in-person. For the purposes of this section, the following
terms have the meanings given.
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(a)
"Assessment" means an evaluation of the recipient's medical need for
home health agency services by a registered nurse or appropriate therapist that
is conducted within 30 days of a request.
(b)
"Home care therapies" means occupational, physical, and respiratory
therapy and speech-language pathology services provided in the home by a
Medicare certified home health agency.
(c)
"Home health agency services" means services delivered in the
recipient's home residence, except as specified in section 256B.0625, by a home
health agency to a recipient with medical needs due to illness, disability, or
physical conditions.
(d)
"Home health aide" means an employee of a home health agency who
completes medically oriented tasks written in the plan of care for a recipient.
(e)
"Home health agency" means a home care provider agency that is
Medicare-certified.
(f)
"Occupational therapy services" mean the services defined in
Minnesota Rules, part 9505.0390.
(g)
"Physical therapy services" mean the services defined in Minnesota
Rules, part 9505.0390.
(h)
"Respiratory therapy services" mean the services defined in chapter
147C and Minnesota Rules, part 4668.0003, subpart 37.
(i)
"Speech-language pathology services" mean the services defined in
Minnesota Rules, part 9505.0390.
(j)
"Skilled nurse visit" means a professional nursing visit to complete
nursing tasks required due to a recipient's medical condition that can only be
safely provided by a professional nurse to restore and maintain optimal health.
(k)
"Store-and-forward technology" means telehomecare services that do
not occur in real time via synchronous transmissions such as diabetic and vital
sign monitoring.
(l)
"Telehomecare" means the use of telecommunications technology via
live, two-way interactive audiovisual technology which may be augmented by
store-and-forward technology.
(m)
"Telehomecare skilled nurse visit" means a visit by a professional
nurse to deliver a skilled nurse visit to a recipient located at a site other
than the site where the nurse is located and is used in combination with
face-to-face skilled nurse visits to adequately meet the recipient's needs.
Subd.
3. Therapies
through home health agencies Home health aide visits. (a) Medical assistance covers physical
therapy and related services, including specialized maintenance therapy. 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. Direction of
the physical therapy assistant must be provided by the physical therapist as
described in Minnesota Rules, part 9505.0390, subpart 1, item B. The physical therapist and physical therapist
assistant may not both bill for services provided to a recipient on the same
day.
(b)
Medical assistance covers occupational therapy and related services, including
specialized maintenance therapy.
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
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assistant
under the direction of an occupational therapist who is not on the premises
shall be reimbursed at 65 percent of the occupational therapist rate. Direction of the occupational therapy
assistant must be provided by the occupational therapist as described in
Minnesota Rules, part 9505.0390, subpart 1, item B. The occupational therapist and occupational
therapist assistant may not both bill for services provided to a recipient on
the same day.
(a) Home health aide visits must be
provided by a certified home health aide using a written plan of care that is
updated in compliance with Medicare regulations. A home health aide shall provide hands-on
personal care, perform simple procedures as an extension of therapy or nursing
services, and assist in instrumental activities of daily living as defined in
section 256B.0659. Home health aide
visits must be provided in the recipient's home.
(b) All home health aide visits must
have authorization under section 256B.0652.
The commissioner shall limit home health aide visits to no more than one
visit per day per recipient.
(c) Home health aides must be
supervised by a registered nurse or an appropriate therapist when providing
services that are an extension of therapy.
Subd. 4.
Skilled nurse visit services. (a) Skilled nurse visit services must be
provided by a registered nurse or a licensed practical nurse under the
supervision of a registered nurse, according to the written plan of care and
accepted standards of medical and nursing practice according to chapter
148. Skilled nurse visit services must
be ordered by a physician and documented in a plan of care that is reviewed and
approved by the ordering physician at least once every 60 days. All skilled nurse visits must be medically
necessary and provided in the recipient's home residence except as allowed
under section 256B.0625, subdivision 6a.
(b) Skilled nurse visits include
face-to-face and telehomecare visits with a limit of up to two visits per day
per recipient. All visits must be based
on assessed needs.
(c) Telehomecare skilled nurse visits
are allowed when the recipient's health status can be accurately measured and
assessed without a need for a face-to-face, hands-on encounter. All telehomecare skilled nurse visits must
have authorization and are paid at the same allowable rates as face-to-face
skilled nurse visits.
(d) The provision of telehomecare
must be made via live, two-way interactive audiovisual technology and may be augmented
by utilizing store-and-forward technologies.
Individually identifiable patient data obtained through real-time or
store-and-forward technology must be maintained as health records according to
sections 144.291 to 144.298. If the
video is used for research, training, or other purposes unrelated to the care
of the patient, the identity of the patient must be concealed.
(e) Authorization for skilled nurse
visits must be completed under section 256B.0652. A total of nine face-to-face skilled nurses
visits per calendar year do not require authorization. All telehomecare skilled nurse visits require
authorization.
Subd. 5.
Home care therapies. (a) Home care therapies include the
following: physical therapy,
occupational therapy, respiratory therapy, and speech and language pathology
therapy services.
(b) Home care therapies must be:
(1) provided in the recipient's
residence after it has been determined the recipient is unable to access
outpatient therapy;
(2) prescribed, ordered, or referred
by a physician and documented in a plan of care and reviewed, according to
Minnesota Rules, part 9505.0390;
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(3)
assessed by an appropriate therapist; and
(4)
provided by a Medicare-certified home health agency enrolled as a Medicaid
provider agency.
(c)
Restorative and specialized maintenance therapies must be provided according to
Minnesota Rules, part 9505.0390.
Physical and occupational therapy assistants may be used as allowed
under Minnesota Rules, part 9505.0390, subpart 1, item B.
(d)
For both physical and occupational therapies, the therapist and the therapist's
assistant may not both bill for services provided to a recipient on the same
day.
Subd.
6.
Noncovered home health agency
services. The following are
not eligible for payment under medical assistance as a home health agency
service:
(1)
telehomecare skilled nurses services that is communication between the home
care nurse and recipient that consists solely of a telephone conversation,
facsimile, electronic mail, or a consultation between two health care
practitioners;
(2)
the following skilled nurse visits:
(i)
for the purpose of monitoring medication compliance with an established
medication program for a recipient;
(ii)
administering or assisting with medication administration, including
injections, prefilling syringes for injections, or oral medication setup of an
adult recipient, when, as determined and documented by the registered nurse,
the need can be met by an available pharmacy or the recipient or a family
member is physically and mentally able to self-administer or prefill a
medication;
(iii)
services done for the sole purpose of supervision of the home health aide or
personal care assistant;
(iv)
services done for the sole purpose to train other home health agency workers;
(v)
services done for the sole purpose of blood samples or lab draw when the recipient
is able to access these services outside the home; and
(vi)
Medicare evaluation or administrative nursing visits required by Medicare;
(3)
home health aide visits when the following activities are the sole purpose for
the visit: companionship, socialization,
household tasks, transportation, and education; and
(4)
home care therapies provided in other settings such as a clinic, day program,
or as an inpatient or when the recipient can access therapy outside of the
recipient's residence.
Sec. 26.
Minnesota Statutes 2008, section
256B.0654, is amended to read:
256B.0654 PRIVATE DUTY NURSING.
Subdivision
1. Definitions. (a) "Assessment" means a review
and evaluation of a recipient's need for home care services conducted in
person. Assessments for private duty
nursing shall be conducted by a registered private duty nurse. Assessments for medical assistance home care
services for developmental disabilities and alternative care services for
developmentally disabled home and community-based waivered recipients may be
conducted by the county public health nurse to ensure coordination and avoid
duplication.
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(b) (a)
"Complex and regular private duty nursing care" means:
(1)
complex care is private duty nursing
services provided to recipients who are ventilator dependent or for whom a
physician has certified that were it not for private duty nursing the
recipient would meet the criteria for inpatient hospital intensive care unit
(ICU) level of care; and
(2)
regular care is private duty nursing provided to all other recipients.
(b)
"Private duty nursing" means ongoing professional nursing services by
a registered or licensed practical nurse including assessment, professional
nursing tasks, and education, based on an assessment and physician orders to
maintain or restore optimal health of the recipient.
(c)
"Private duty nursing agency" means a medical assistance enrolled
provider licensed under chapter 144A to provide private duty nursing services.
(d)
"Regular private duty nursing" means nursing services provided to a
recipient who is considered stable and not at an inpatient hospital intensive
care unit level of care, but may have episodes of instability that are not life
threatening.
(e)
"Shared private duty nursing" means the provision of nursing services
by a private duty nurse to two recipients at the same time and in the same
setting.
Subd.
2. Authorization;
private duty nursing services.
(a) 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:
(1) the
recipient requires more individual and continuous care than can be provided
during a skilled nurse visit; or
(2) the
cares are outside of the scope of services that can be provided by a home
health aide or personal care assistant.
(b) The
commissioner may authorize:
(1) 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;
(2)
private duty nursing in combination with other home care services up to the
total cost allowed under section 256B.0655, subdivision 4;
(3) up
to 16 hours per day if the recipient requires more nursing than the maximum
number of direct care hours as established in clause (1) and the recipient
meets the hospital admission criteria established under Minnesota Rules, parts
9505.0501 to 9505.0540.
(c) 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
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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 and sections 256B.0651, 256B.0653, 256B.0655, and
256B.0656, and 256B.0659 than would otherwise be authorized under
section 256B.49.
Subd.
2a.
Private duty nursing services. (a) Private duty nursing services must be
used:
(1)
in the recipient's home or outside the home when normal life activities
require;
(2)
when the recipient requires more individual and continuous care than can be
provided during a skilled nurse visit; and
(3)
when the care required is outside of the scope of services that can be provided
by a home health aide or personal care assistant.
(b)
Private duty nursing services must be:
(1)
assessed by a registered nurse on a form approved by the commissioner;
(2)
ordered by a physician and documented in a plan of care that is reviewed by the
physician at least once every 60 days; and
(3)
authorized by the commissioner under section 256B.0652.
Subd.
2b.
Noncovered private duty nursing
services. Private duty
nursing services do not cover the following:
(1)
nursing services by a nurse who is the family foster care provider of a person
who has not reached 18 years of age unless allowed under subdivision 4;
(2)
nursing services to more than two persons receiving shared private duty nursing
services from a private duty nurse in a single setting; and
(3)
nursing services provided by a registered nurse or licensed practical nurse who
is the recipient's legal guardian or related to the recipient as spouse,
parent, or family foster parent whether by blood, marriage, or adoption except
as specified in section 256B.0652, subdivision 4.
Subd.
3. Shared
private duty nursing care option.
(a) Medical assistance payments for shared private duty nursing services
by a private duty nurse shall be limited according to this subdivision. For the purposes of this section and
sections 256B.0651, 256B.0653, 256B.0655, and 256B.0656, "private duty
nursing agency" means an agency licensed under chapter 144A to provide
private duty nursing services. Unless otherwise provided in this
subdivision, all other statutory and regulatory provisions relating to private
duty nursing services apply to shared private duty nursing services. Nothing in this subdivision shall be
construed to reduce the total number of private duty nursing hours authorized
for an individual recipient.
(b)
Recipients of private duty nursing services may share nursing staff and the
commissioner shall provide a rate methodology for shared private duty
nursing. For two persons sharing nursing
care, the rate paid to a provider shall not exceed 1.5 times the regular
private duty nursing rates paid for serving a single individual by a registered
nurse or licensed practical nurse. These
rates apply only to situations in which both recipients are present and receive
shared private duty nursing care on the date for which the service is
billed. No more than two persons may
receive shared private duty nursing services from a private duty nurse in a
single setting.
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(c) (b) Shared
private duty nursing care is the provision of nursing services by a private
duty nurse to two medical assistance eligible recipients at the same
time and in the same setting. This
subdivision does not apply when a private duty nurse is caring for multiple
recipients in more than one setting.
(c) For the purposes of this subdivision,
"setting" means:
(1) the
home residence or foster care home of one of the individual recipients
as defined in section 256B.0651; or
(2) a
child care program licensed under chapter 245A or operated by a local school
district or private school; or
(3) an
adult day care service licensed under chapter 245A; or
(4)
outside the home residence or foster care home of one of the recipients
when normal life activities take the recipients outside the home.
This
subdivision does not apply when a private duty nurse is caring for multiple
recipients in more than one setting.
(d)
The private duty nursing agency must offer the recipient the option of shared
or one-on-one private duty nursing services.
The recipient may withdraw from participating in a shared service
arrangement at any time.
(d) (e) The
recipient or the recipient's legal representative, and the recipient's
physician, in conjunction with the home health care private duty
nursing agency, shall determine:
(1)
whether shared private duty nursing care is an appropriate option based on the
individual needs and preferences of the recipient; and
(2) the
amount of shared private duty nursing services authorized as part of the
overall authorization of nursing services.
(e) (f) The
recipient or the recipient's legal representative, in conjunction with the
private duty nursing agency, shall approve the setting, grouping, and
arrangement of shared private duty nursing care based on the individual needs
and preferences of the recipients. Decisions
on the selection of recipients to share services must be based on the ages of
the recipients, compatibility, and coordination of their care needs.
(f) (g) The
following items must be considered by the recipient or the recipient's legal
representative and the private duty nursing agency, and documented in the
recipient's health service record:
(1) the
additional training needed by the private duty nurse to provide care to two
recipients in the same setting and to ensure that the needs of the recipients
are met appropriately and safely;
(2) the
setting in which the shared private duty nursing care will be provided;
(3) the
ongoing monitoring and evaluation of the effectiveness and appropriateness of
the service and process used to make changes in service or setting;
(4) a
contingency plan which accounts for absence of the recipient in a shared
private duty nursing setting due to illness or other circumstances;
(5)
staffing backup contingencies in the event of employee illness or absence; and
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(6) arrangements for additional assistance to respond
to urgent or emergency care needs of the recipients.
(g) The provider must offer the
recipient or responsible party the option of shared or one-on-one private duty nursing
services. The recipient or responsible
party can withdraw from participating in a shared service arrangement at any
time.
(h) The private duty nursing agency must document
the following in the health service record for each individual recipient sharing
private duty nursing care The documentation for shared private duty
nursing must be on a form approved by the commissioner for each individual
recipient sharing private duty nursing.
The documentation must be part of the recipient's health service record
and include:
(1) permission by the recipient or the recipient's
legal representative for the maximum number of shared nursing care hours
per week chosen by the recipient and permission for shared private duty
nursing services provided in and outside the recipient's home residence;
(2) permission by the recipient or the recipient's
legal representative for shared private duty nursing services provided outside
the recipient's residence;
(3) permission by the recipient or the
recipient's legal representative for others to receive shared private duty
nursing services in the recipient's residence;
(4) revocation by the recipient or the recipient's legal
representative of for the shared private duty nursing care
authorization, or the shared care to be provided to others in the recipient's
residence, or the shared private duty nursing services to be provided outside
permission, or services provided to others in and outside the recipient's
residence; and
(5) (3) daily documentation of the shared private duty nursing
services provided by each identified private duty nurse, including:
(i) the names of each recipient receiving shared
private duty nursing services together;
(ii) the setting for the shared services, including the
starting and ending times that the recipient received shared private duty
nursing care; and
(iii) notes by the private duty nurse regarding changes
in the recipient's condition, problems that may arise from the sharing of
private duty nursing services, and scheduling and care issues.
(i) Unless otherwise provided in this
subdivision, all other statutory and regulatory provisions relating to private
duty nursing services apply to shared private duty nursing services.
Nothing in this subdivision shall be construed
to reduce the total number of private duty nursing hours authorized for an
individual recipient under subdivision 2.
(i) The commissioner shall provide a
rate methodology for shared private duty nursing. For two persons sharing nursing care, the
rate paid to a provider must not exceed 1.5 times the regular private duty
nursing rates paid for serving a single individual by a registered nurse or
licensed practical nurse. These rates
apply only to situations in which both recipients are present and receive
shared private duty nursing care on the date for which the service is billed.
Subd. 4. Hardship criteria; private duty nursing. (a) Payment is allowed for extraordinary
services that require specialized nursing skills and are provided by parents of
minor children, family foster parents, spouses, and legal guardians who
are providing private duty nursing care under the following conditions:
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(1) the
provision of these services is not legally required of the parents, spouses, or
legal guardians;
(2) the
services are necessary to prevent hospitalization of the recipient; and
(3) the
recipient is eligible for state plan home care or a home and community-based
waiver and one of the following hardship criteria are met:
(i) the
parent, spouse, or legal guardian resigns from a part-time or full-time job to
provide nursing care for the recipient; or
(ii) the
parent, spouse, or legal guardian goes from a full-time to a part-time job with
less compensation to provide nursing care for the recipient; or
(iii)
the parent, spouse, or legal guardian takes a leave of absence without pay to
provide nursing care for the recipient; or
(iv)
because of labor conditions, special language needs, or intermittent hours of
care needed, the parent, spouse, or legal guardian is needed in order to
provide adequate private duty nursing services to meet the medical needs of the
recipient.
(b)
Private duty nursing may be provided by a parent, spouse, family foster
parent, or legal guardian who is a nurse licensed in Minnesota. Private duty nursing services provided by a
parent, spouse, family foster parent, or legal guardian cannot be used
in lieu of nursing services covered and available under liable third-party
payors, including Medicare. The private
duty nursing provided by a parent, spouse, family foster parent, or
legal guardian must be included in the service plan agreement. Authorized skilled nursing services
for a single recipient or recipients with the same residence and provided
by the parent, spouse, family foster parent, or legal guardian may not
exceed 50 percent of the total approved nursing hours, or eight hours per day,
whichever is less, up to a maximum of 40 hours per week. A parent or parents, spouse, family foster
parent, or legal guardian shall not provide more than 40 hours of services in a
seven-day period. For parents, family
foster parents, and legal guardians, 40 hours is the total amount allowed
regardless of the number of children or adults who receive services. Nothing in this subdivision precludes the
parent's, spouse's, or legal guardian's obligation of assuming the
nonreimbursed family responsibilities of emergency backup caregiver and primary
caregiver.
(c) A
parent, family foster parent, or a spouse may not be paid to provide
private duty nursing care if:
(1) the parent or spouse fails to pass a criminal
background check according to chapter 245C, or if;
(2) it has been determined by the home health private
duty nursing agency, the case manager, or the physician that the private
duty nursing care provided by the parent, family foster parent, spouse,
or legal guardian is unsafe; or
(3)
the parent, family foster parent, spouse, or legal guardian do not follow
physician orders.
(d)
For purposes of this section, "assessment" means a review and
evaluation of a recipient's need for home care services conducted in
person. Assessments for private duty
nursing must be conducted by a registered nurse.
Sec.
27. Minnesota Statutes 2008, section
256B.0655, subdivision 1b, is amended to read:
Subd.
1b. Assessment. "Assessment" means a review and
evaluation of a recipient's need for home care services conducted in
person. Assessments for personal care
assistant services shall be conducted by the county public health nurse or a
certified public health nurse under contract with the county. A face-to-face An in-person
assessment must include: documentation
of health status, determination of need, evaluation of service effectiveness,
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identification
of appropriate services, service plan development or modification, coordination
of services, referrals and follow-up to appropriate payers and community
resources, completion of required reports, recommendation of service
authorization, and consumer education.
Once the need for personal care assistant services is determined under
this section or sections 256B.0651, 256B.0653, 256B.0654, and 256B.0656, the
county public health nurse or certified public health nurse under contract with
the county is responsible for communicating this recommendation to the
commissioner and the recipient. A
face-to-face assessment for personal care assistant services is conducted on
those recipients who have never had a county public health nurse
assessment. A face-to-face An
in-person assessment must occur at least annually or when there is a
significant change in the recipient's condition or when there is a change in
the need for personal care assistant services.
A service update may substitute for the annual face-to-face assessment
when there is not a significant change in recipient condition or a change in
the need for personal care assistant service.
A service update may be completed by telephone, used when there is no
need for an increase in personal care assistant services, and used for two
consecutive assessments if followed by a face-to-face assessment. A service update must be completed on a form
approved by the commissioner. A service update
or review for temporary increase includes a review of initial baseline data,
evaluation of service effectiveness, redetermination of service need,
modification of service plan and appropriate referrals, update of initial
forms, obtaining service authorization, and on going consumer education. Assessments must be completed on forms
provided by the commissioner within 30 days of a request for home care services
by a recipient or responsible party or personal care provider agency.
Sec. 28.
Minnesota Statutes 2008, section 256B.0655, subdivision 4, is amended to
read:
Subd. 4. Prior Authorization; personal
care assistance and qualified professional. The commissioner, or the commissioner's
designee, shall review the assessment, service update, request for temporary
services, request for flexible use option, service plan, and any additional
information that is submitted. The
commissioner shall, within 30 days after receiving a complete request,
assessment, and service plan, authorize home care services as follows:
(1) (a) All personal care assistant
assistance services and, supervision by a qualified
professional, if requested by the recipient, and additional services
beyond the limits established in section 256B.0651, subdivision 11, must be
prior authorized by the commissioner or the commissioner's designee before
services begin except for the assessments established in section
sections 256B.0651, subdivision 11, and 256B.0911. The authorization for personal care
assistance and qualified professional services under section 256B.0659 must be
completed within 30 days after receiving a complete request.
(b) The amount of personal care assistant
assistance services authorized must be based on the recipient's home care
rating. The home care rating shall be
determined by the commissioner or the commissioner's designee based on information
submitted to the commissioner identifying the following:
(1) total number of dependencies of
activities of daily living as defined in section 256B.0659;
(2) number of complex health-related
functions as defined in section 256B.0659; and
(3) number of behavior descriptions
as defined in section 256B.0659.
(c) The methodology to determine
total time for personal care assistance services for each home care rating is
based on the median paid units per day for each home care rating from fiscal
year 2007 data for the personal care assistance program. Each home care rating has a base level of
hours assigned. Additional time is added
through the assessment and identification of the following:
(1) 30 additional minutes per day for
a dependency in each critical activity of daily living as defined in section
256B.0659;
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(2) 30 additional minutes per day for
each complex health-related function as defined in section 256B.0659; and
(3) 30 additional minutes per day for
each behavior issue as defined in section 256B.0659.
(d) A limit of 96 units of qualified professional
supervision may be authorized for each recipient receiving personal care
assistance services. A request to the
commissioner to exceed this total in a calendar year must be requested by the
personal care provider agency on a form approved by the commissioner.
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 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 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; or
(C) up to 60 percent of the average
reimbursement rate, as of July 1, 1991, for care provided in a regional
treatment center for recipients who have Level I behavior, plus any inflation
adjustment as provided by the legislature for personal care service; 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) 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
(F) a reasonable amount of time for
the provision of supervision by a qualified professional of personal care
assistant services, if a qualified professional is requested by the recipient
or responsible party.
(2) 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, shall be
calculated and incorporated into the home care limits on July 1, 1992. These limits shall be calculated to the
nearest quarter hour.
(3) The home care rating shall be
determined by the commissioner or the commissioner's designee based on
information submitted to the commissioner by the 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 recipients who need home care including children and
adults under 65 years of age. The
commissioner shall establish these forms and protocols under this section and
sections 256B.0651, 256B.0653, 256B.0654, and 256B.0656 and shall use an
advisory group, including representatives of recipients, providers, and
counties, for consultation in establishing and revising the forms and
protocols.
(4) 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:
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(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.
(5) 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 the recipient's own
body;
(B) physical injury to other people;
or
(C) destruction of property.
(6) Time authorized for personal care relating
to Level I behavior in paragraph (5), clauses (A) to (C), shall be based on the
predictability, frequency, and amount of intervention required.
(7) 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
assistant services under subdivision 2, paragraph (a):
(A) unusual or repetitive habits;
(B) withdrawn behavior; or
(C) offensive behavior.
(8) A recipient with a home care
rating of Level II behavior in paragraph (7), clauses (A) to (C), shall be
rated as comparable to a recipient with complex medical needs under paragraph
(4). 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 paragraph (1), clause (B).
EFFECTIVE DATE.
The amendments to paragraphs (a) and (b) are effective January 1,
2010.
Sec. 29.
Minnesota Statutes 2008, section 256B.0657, subdivision 8, is amended to
read:
Subd. 8. Self-directed budget requirements. The budget for the provision of the
self-directed service option shall be equal to the greater of either
established based on:
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(1) the annual amount of personal care assistant
services under section 256B.0655 that the recipient has used in the most recent
12-month period assessed personal care assistance units, not to exceed
the maximum number of personal care assistance units available, as determined
by section 256B.0655; or and
(2) the amount determined using the consumer
support grant methodology under section 256.476, subdivision 11, except that
the budget amount shall include the federal and nonfederal share of the average
service costs. the personal care assistance unit rate:
(i) with a reduction to the unit rate
to pay for a program administrator as defined in subdivision 10; and
(ii) an additional adjustment to the
unit rate as needed to ensure cost neutrality for the state.
Sec. 30.
Minnesota Statutes 2008, section 256B.0657, is amended by adding a
subdivision to read:
Subd. 12.
Enrollment and evaluation. Enrollment in the self-directed supports
option is available to current personal care assistance recipients upon annual
personal care assistance reassessment, with a maximum enrollment of 1,000
people in the first fiscal year of implementation and an additional 1,000
people in the second fiscal year. The
commissioner shall evaluate the self-directed supports option during the first
two years of implementation and make any necessary changes prior to the option
becoming available statewide.
Sec. 31. [256B.0659] PERSONAL CARE ASSISTANCE
PROGRAM.
Subdivision 1.
Definitions. (a) For the purposes of this section, the
terms defined in paragraphs (b) to (p) have the meanings given unless otherwise
provided in text.
(b) "Activities of daily
living" means grooming, dressing, bathing, transferring, mobility,
positioning, eating, and toileting.
(c) "Behavior," effective
January 1, 2010, means a category to determine the home care rating and is
based on the criteria found in this section. "Level I behavior" means
physical aggression towards self, others, or destruction of property that
requires the immediate response of another person.
(d) "Complex health-related
needs," effective January 1, 2010, means a category to determine the home
care rating and is based on the criteria found in this section.
(e) "Critical activities of
daily living," effective January 1, 2010, means transferring, mobility,
eating, and toileting.
(f) "Dependency in activities of
daily living" means a person requires assistance to begin and complete one
or more of the activities of daily living.
(g) "Health-related procedures
and tasks" means procedures and tasks that can be delegated or assigned by
a licensed health care professional under state law to be performed by a
personal care assistant.
(h) "Instrumental activities of
daily living" means activities to include meal planning and preparation;
basic assistance with paying bills; shopping for food, clothing, and other
essential items; performing household tasks integral to the personal care
assistance services; communication by telephone and other media; and traveling,
including to medical appointments and to participate in the community.
(i) "Managing employee" has
the same definition as Code of Federal Regulations, title 42, section 455.
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(j) "Qualified professional"
means a professional providing supervision of personal care assistance services
and staff as defined in section 256B.0625, subdivision 19c.
(k) "Personal care assistance
provider agency" means a medical assistance enrolled provider that
provides or assists with providing personal care assistance services and
includes personal care assistance provider organizations, personal care
assistance choice agency, class A licensed nursing agency, and Medicare-certified
home health agency.
(l) "Personal care
assistant" or "PCA" means an individual employed by a personal
care assistance agency who provides personal care assistance services.
(m) "Personal care assistance
care plan" means a written description of personal care assistance
services developed by the personal care assistance provider according to the
service plan.
(n) "Responsible party"
means an individual who is capable of providing the support necessary to assist
the recipient to live in the community.
(o) "Self-administered
medication" means medication taken orally, by injection or insertion, or
applied topically without the need for assistance.
(p) "Service plan" means a
written summary of the assessment and description of the services needed by the
recipient.
Subd. 2.
Personal care assistance
services; covered services. (a)
The personal care assistance services eligible for payment include services and
supports furnished to an individual, as needed, to assist in:
(1) activities of daily living;
(2) health-related procedures and
tasks;
(3) observation and redirection of
behaviors; and
(4) instrumental activities of daily
living.
(b) Activities of daily living include
the following covered services:
(1) dressing, including assistance
with choosing, application, and changing of clothing and application of special
appliances, wraps, or clothing;
(2) grooming, including assistance
with basic hair care, oral care, shaving, applying cosmetics and deodorant, and
care of eyeglasses and hearing aids.
Nail care is included, except for recipients who are diabetic or have
poor circulation;
(3) bathing, including assistance with
basic personal hygiene and skin care;
(4) eating, including assistance with
hand washing and application of orthotics required for eating, transfers, and
feeding;
(5) transfers, including assistance
with transferring the recipient from one seating or reclining area to another;
(6) mobility, including assistance
with ambulation, including use of a wheelchair.
Mobility does not include providing transportation for a recipient;
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(7)
positioning, including assistance with positioning or turning a recipient for
necessary care and comfort; and
(8)
toileting, including assistance with helping recipient with bowel or bladder
elimination and care including transfers, mobility, positioning, feminine hygiene,
use of toileting equipment or supplies, cleansing the perineal area, inspection
of the skin, and adjusting clothing.
(c)
Health-related procedures and tasks include the following covered services:
(1)
range of motion and passive exercise to maintain a recipient's strength and
muscle functioning;
(2)
assistance with self-administered medication as defined by this section,
including reminders to take medication, bringing medication to the recipient,
and assistance with opening medication under the direction of the recipient or
responsible party;
(3)
interventions for seizure disorders, including monitoring and observation; and
(4)
other activities considered within the scope of the personal care service and
meeting the definition of health-related procedures and tasks under this
section.
(d) A
personal care assistant may provide health-related procedures and tasks
associated with the complex health-related needs of a recipient if the
procedures and tasks meet the definition of health-related procedures and tasks
under this section and the personal care assistant is trained by a qualified
professional and demonstrates competency to safely complete the procedures and
tasks. Delegation of health-related
procedures and tasks and all training must be documented in the personal care
assistance care plan and the recipient's and personal care
assistant's files.
(e)
Effective January 1, 2010, for a personal care assistant to provide the
health-related procedures and tasks of tracheostomy suctioning and services to
recipients on ventilator support there must be:
(1)
delegation and training by a registered nurse, certified or licensed
respiratory therapist, or a physician;
(2)
utilization of clean rather than sterile procedure;
(3)
specialized training about the health-related procedures and tasks and
equipment, including ventilator operation and maintenance;
(4)
individualized training regarding the needs of the recipient; and
(5)
supervision by a qualified professional who is a registered nurse.
(f)
Effective January 1, 2010, a personal care assistant may observe and redirect
the recipient for episodes where there is a need for redirection due to
behaviors. Training of the personal care
assistant must occur based on the needs of the recipient, the personal care
assistance care plan, and any other support services provided.
(g)
Instrumental activities of daily living under subdivision 1, paragraph (h).
Subd.
3.
Noncovered personal care
assistance services. (a) Personal
care assistance services are not eligible for medical assistance payment under
this section when provided:
(1)
by the recipient's spouse, parent of a recipient under the age of 18, paid
legal guardian, licensed foster provider, except as allowed under section
256B.0651, subdivision 9a, or responsible party;
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(2) in lieu of other staffing options
in a residential or child care setting;
(3) solely as a child care or
babysitting service; or
(4) without authorization by the
commissioner or the commissioner's designee.
(b) The following personal care
services are not eligible for medical assistance payment under this section
when provided in residential settings:
(1) effective January 1, 2010, when
the provider of home care services who is not related by blood, marriage, or
adoption owns or otherwise controls the living arrangement, including licensed
or unlicensed services; or
(2) when personal care assistance
services are the responsibility of a residential or program license holder
under the terms of a service agreement and administrative rules.
(c) Other specific tasks not covered
under paragraph (a) or (b) that are not eligible for medical assistance
reimbursement for personal care assistance services under this section include:
(1) sterile procedures;
(2) injections of fluids and
medications into veins, muscles, or skin;
(3) home maintenance or chore
services;
(4) homemaker services not an integral
part of assessed personal care assistance services needed by a recipient;
(5) application of restraints or
implementation of procedures under section 245.825;
(6) instrumental activities of daily
living for children under the age of 18; and
(7) assessments for personal care
assistance services by personal care assistance provider agencies or by
independently enrolled registered nurses.
Subd. 4.
Assessment for personal care assistance
services. (a) An assessment
as defined in section 256B.0655, subdivision 1b, must be completed for personal
care assistance services.
(b) The following limitations apply to
the assessment:
(1) a person must be assessed as
dependent in an activity of daily living based on the person's need, on a daily
basis, for:
(i) cueing and constant supervision to
complete the task; or
(ii) hands-on assistance to complete
the task; and
(2) 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. Assistance needed is the
assistance appropriate for a typical child of the same age.
(c) Assessment for complex health-related
needs must meet the criteria in this paragraph.
During the assessment process, a recipient qualifies as having complex
health-related needs if the recipient has one or more of the interventions that
are ordered by a physician, specified in a personal care assistance care plan,
and found in the following:
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(1) tube feedings requiring:
(i) a gastro/jejunostomy tube; or
(ii) continuous tube feeding lasting
longer than 12 hours per day;
(2) wounds described as:
(i) stage III or stage IV;
(ii) multiple wounds;
(iii) requiring sterile or clean
dressing changes or a wound vac; or
(iv) open lesions such as burns,
fistulas, tube sites, or ostomy sites that require specialized care;
(3) parenteral therapy described as:
(i) IV therapy more than two times per
week lasting longer than four hours for each treatment; or
(ii) total parenteral nutrition (TPN)
daily;
(4) respiratory interventions
including:
(i) oxygen required more than eight
hours per day;
(ii) respiratory vest more than one
time per day;
(iii) bronchial drainage treatments
more than two times per day;
(iv) sterile or clean suctioning more
than six times per day;
(v) dependence on another to apply
respiratory ventilation augmentation devises such as BiPAP and CPAP; and
(vi) ventilator dependence under
section 256B.0652;
(5) insertion and maintenance of
catheter including:
(i) sterile catheter changes more than
one time per month;
(ii) clean self-catheterization more
than six times per day; or
(iii) bladder irrigations;
(6) bowel program more than two times
per week requiring more than 30 minutes to perform each time;
(7) neurological intervention
including:
(i) seizures more than two times per
week and requiring significant physical assistance to maintain safety; or
(ii) swallowing disorders diagnosed by
a physician and requiring specialized assistance from another on a daily basis;
and
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(8) other congenital or acquired
diseases creating a need for significantly increased direct hands-on assistance
and interventions in six to eight activities of daily living.
(d) An assessment of behaviors must
meet the criteria in this paragraph. A
recipient qualifies as having a need for assistance due to behaviors if the
recipient's behavior requires assistance at least four times per week and shows
one or more of the following behaviors:
(1) physical aggression towards self
or others, or destruction of property that requires the immediate response of
another person;
(2) increased vulnerability due to
cognitive deficits or socially inappropriate behavior; or
(3) verbally aggressive and resistive
to care.
Subd. 5.
Service, support planning, and
referral. (a) The assessor,
with the recipient or responsible party, shall review the assessment
information and determine referrals for other payers, services, and community
supports as appropriate.
(b) The recipient must be referred for
evaluation, services, or supports that are appropriate to help meet the
recipient's needs including, but not limited to, the following circumstances:
(1) when there is another payer who is
responsible to provide the service to meet the recipient's needs;
(2) when the recipient qualifies for
assistance due to mental illness or behaviors under this section, a referral
for a mental health diagnostic and functional assessment must be completed, or
referral must be made for other specific mental health services or other
community services;
(3) when the recipient is eligible for
medical assistance and meets medical assistance eligibility for a home health
aide or skilled nurse visit;
(4) when the recipient would benefit from
an evaluation for another service; and
(5) when there is a more appropriate
service to meet the assessed needs.
(c) The reimbursement rates for public
health nurse visits that relate to the provision of personal care assistance
services under this section and section 256B.0625, subdivision 19a, are:
(1) $210.50 for a face-to-face
assessment visit;
(2) $105.25 for each service update;
and
(3) $105.25 for each request for a
temporary service increase.
(d) The rates specified in paragraph
(c) must be adjusted to reflect provider rate increases for personal care
assistance services that are approved by the legislature for the fiscal year
ending June 30, 2000, and subsequent fiscal years. Any requirements applied by the legislature
to provider rate increases for personal care assistance services also apply to
adjustments under this paragraph.
(e) Effective July 1, 2008, the
payment rate for an assessment under this section and section 256B.0651 shall
be reduced by 25 percent when the assessment is not completed on time and the
service agreement documentation is not submitted in time to continue
services. The commissioner shall reduce
the amount of the claim for those assessments that are not submitted on time.
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- Top of Page 5303
Subd.
6.
Service plan. The service plan must be completed by the
assessor with the recipient and responsible party on a form determined by the
commissioner and include a summary of the assessment with a description of the
need, authorized amount, and expected outcomes and goals of personal care
assistance services. The recipient and
the provider chosen by the recipient or responsible party must be given a copy
of the completed service plan within ten working days of the assessment. The recipient or responsible party must be
given information by the assessor about the options in the personal care
assistance program to allow for review and decision making.
Subd.
7.
Personal care assistance care
plan. (a) Each recipient must
have a current personal care assistance care plan based on the service plan in
subdivision 6 that is developed by the qualified professional with the
recipient and responsible party. A copy
of the most current personal care assistance care plan is required to be in the
recipient's home and in the recipient's file at the provider agency.
(b)
The personal care assistance care plan must have the following components:
(1)
start and end date of the care plan;
(2)
recipient demographic information, including name and telephone number;
(3)
emergency numbers, procedures, and a description of measures to address
identified safety and vulnerability issues, including a backup staffing plan;
(4)
name of responsible party and instructions for contact;
(5)
description of the recipient's individualized needs for assistance with
activities of daily living, instrumental activities of daily living,
health-related tasks, and behaviors; and
(6)
dated signatures of recipient or responsible party and qualified professional.
(c)
The personal care assistance care plan must have instructions and comments
about the recipient's needs for assistance and any special instructions or
procedures required. The month-to-month
plan for the use of personal care assistance services is part of the personal
care assistance care plan. The personal
care assistance care plan must be completed within the first week after start
of services with a personal care provider agency and must be updated as needed
when there is a change in need for personal care assistance services. A new personal care assistance care plan is
required annually at the time of the reassessment.
Subd.
8.
Communication with recipient's
physician. The personal care
assistance program requires communication with the recipient's physician about
a recipient's assessed needs for personal care assistance services. The commissioner shall work with the state
medical director to develop options for communication with the recipient's
physician.
Subd.
9.
Responsible party; generally. (a) "Responsible party,"
effective January 1, 2010, means an individual who is capable of providing the
support necessary to assist the recipient to live in the community.
(b) A
responsible party must be 18 years of age, actively participate in planning and
directing of personal care assistance services, and attend all assessments for
the recipient.
(c) A
responsible party must not be the:
(1)
personal care assistant;
(2)
home care provider agency owner or staff; or
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(3) county staff acting as part of
employment.
(d) A licensed family foster parent
who lives with the recipient may be the responsible party as long as the family
foster parent meets the other responsible party requirements.
(e) A responsible party is required
when:
(1) the person is a minor according to
section 524.5-102, subdivision 10;
(2) the person is an incapacitated
adult according to section 524.5-102, subdivision 6, resulting in a
court-appointed guardian; or
(3) the assessment according to
section 256B.0655, subdivision 1b, determines that the recipient is in need of
a responsible party to direct the recipient's care.
(f) There may be two persons
designated as the responsible party for reasons such as divided households and
court-ordered custodies. Each person
named as responsible party must meet the program criteria and responsibilities.
(g) The recipient or the recipient's
legal representative shall appoint a responsible party if necessary to direct
and supervise the care provided to the recipient. The responsible party must be identified at
the time of assessment and listed on the recipient's service agreement and
personal care assistance care plan.
Subd. 10.
Responsible party; duties;
delegation. (a) A responsible
party shall enter into a written agreement with a personal care assistance
provider agency, on a form determined by the commissioner, to perform the
following duties:
(1) be available while care is
provided in a method agreed upon by the individual or the individual's legal
representative and documented in the recipient's personal care assistance care
plan;
(2) monitor personal care assistance
services to ensure the recipient's personal care assistance care plan is being
followed; and
(3) review and sign personal care
assistance time sheets after services are provided to provide verification of
the personal care assistance services.
Failure to provide the support required by the recipient must
result in a referral to the county common entry point.
(b) Responsible parties who are
parents of minors or guardians of minors or incapacitated persons may delegate the
responsibility to another adult who is not the personal care assistant 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 the responsible party, except that the
delegated responsible party is required to reside with the recipient only while
serving as the responsible party. The
responsible party must ensure that the delegate performs the functions of the
responsible party, is identified at the time of the assessment, and is listed
on the personal care assistance care plan.
The responsible party must communicate to the personal care assistance
provider agency about the need for a delegate responsible party, including the
name of the delegated responsible party, dates the delegated responsible party
will be living with the recipient, and contact numbers.
Subd. 11.
Personal care assistant;
requirements. (a) A personal
care assistant must meet the following requirements:
(1) be at least 18 years of age with
the exception of persons who are 16 or 17 years of age with these additional
requirements:
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(i) supervision by a qualified
professional every 60 days; and
(ii) employment by only one personal
care assistance provider agency responsible for compliance with current labor
laws;
(2) be employed by a personal care
assistance provider agency;
(3) enroll with the department as a
personal care assistant after clearing a background study. Before a personal care assistant provides
services, the personal care assistance provider agency must initiate a
background study on the personal care assistant under chapter 245C, and the
personal care assistance provider agency must have received a notice from the
commissioner that the personal care assistant is:
(i) not disqualified under section
245C.14; or
(ii) is disqualified, but the personal
care assistant has received a set aside of the disqualification under
section 245C.22;
(4) be able to effectively communicate
with the recipient and personal care assistance provider agency;
(5) be able to provide covered personal
care assistance services according to the recipient's personal care assistance
care plan, respond appropriately to recipient needs, and report changes in the
recipient's condition to the supervising qualified professional or physician;
(6) not be a consumer of personal care
assistance services;
(7) maintain daily written records
including, but not limited to, time sheets under subdivision 12;
(8) effective January 1, 2010,
complete standardized training as determined by the commissioner before completing
enrollment. Personal care assistant
training must include successful completion of the following training
components: basic first aid, vulnerable
adult, child maltreatment, OSHA universal precautions, basic roles and
responsibilities of personal care assistants including information about
assistance with lifting and transfers for recipients, emergency preparedness,
orientation to positive behavioral practices, fraud issues, and completion of
time sheets. Upon completion of the
training components, the personal care assistant must demonstrate the
competency to provide assistance to recipients;
(9) complete training and orientation
on the needs of the recipient within the first seven days after the services
begin; and
(10) be limited to providing and being
paid for up to 310 hours per month of personal care assistance services
regardless of the number of recipients being served or the number of personal
care assistance provider agencies enrolled with.
(b) A legal guardian may be a personal
care assistant if the guardian is not being paid for the guardian services and
meets the criteria for personal care assistants in paragraph (a).
(c) Effective January 1, 2010, persons
who do not qualify as a personal care assistant include parents and stepparents
of minors, spouses, paid legal guardians, family foster care providers, except
as otherwise allowed in section 256B.0625, subdivision 19a, or staff of a
residential setting.
Subd. 12.
Documentation of personal care
assistance services provided. (a)
Personal care assistance services for a recipient must be documented daily by
each personal care assistant, on a time sheet form approved by the
commissioner. All documentation may be
Web-based, electronic, or paper documentation.
The completed form must be submitted on a monthly basis to the provider
and kept in the recipient's health record.
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(b) The activity documentation must
correspond to the personal care assistance care plan and be reviewed by the
qualified professional.
(c) The personal care assistant time
sheet must be on a form approved by the commissioner documenting time the
personal care assistant provides services in the home. The following criteria must be included in
the time sheet:
(1) full name of personal care
assistant and individual provider number;
(2) provider name and telephone numbers;
(3) full name of recipient;
(4) consecutive dates, including
month, day, and year, and arrival and departure time with a.m. or p.m.
notations;
(5) signatures of recipient or the
responsible party;
(6) personal signature of the personal
care assistant;
(7) any shared care provided, if
applicable;
(8) a statement that it is a federal
crime to provide false information on personal care service billings for
medical assistance payments; and
(9) dates and location of recipient
stays in a hospital, care facility, or incarceration.
Subd. 13.
Qualified professional;
qualifications. (a) The
qualified professional must be employed by a personal care assistance provider
agency and meet the definition under section 256B.0625, subdivision 19c. Before a qualified professional provides
services, the personal care assistance provider agency must initiate a
background study on the qualified professional under chapter 245C, and the
personal care assistance provider agency must have received a notice from the
commissioner that the qualified professional:
(1) is not disqualified under section
245C.14; or
(2) is disqualified, but the qualified
professional has received a set aside of the disqualification under
section 245C.22.
(b) The qualified professional shall perform
the duties of training, supervision, and evaluation of the personal care
assistance staff and evaluation of the effectiveness of personal care
assistance services. The qualified
professional shall:
(1) develop and monitor with the
recipient a personal care assistance care plan based on the service plan and
individualized needs of the recipient;
(2) develop and monitor with the
recipient a monthly plan for the use of personal care assistance services;
(3) review documentation of personal
care assistance services provided;
(4) provide training and ensure
competency for the personal care assistant in the individual needs of the
recipient; and
(5) document all training,
communication, evaluations, and needed actions to improve performance of the personal
care assistants.
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(c) The qualified professional shall
complete the provider training with basic information about the personal care
assistance program approved by the commissioner within six months of the date
hired by a personal care assistance provider agency. Qualified professionals who have completed
the required trainings as an employee with a personal care assistance provider
agency do not need to repeat the required trainings if they are hired by
another agency, if they have completed the training within the last three
years.
Subd. 14.
Qualified professional;
duties. (a) Effective January
1, 2010, all personal care assistants must be supervised by a qualified
professional.
(b) Through direct training, observation,
return demonstrations, and consultation with the staff and the recipient, the
qualified professional must ensure and document that the personal care
assistant is:
(1) capable of providing the required
personal care assistance services;
(2) knowledgeable about the plan of
personal care assistance services before services are performed; and
(3) able to identify conditions that
should be immediately brought to the attention of the qualified professional.
(c) The qualified professional shall
evaluate the personal care assistant within the first 14 days of starting to
provide services for a recipient except for the personal care assistance choice
option under subdivision 19, paragraph (a), clause (4). The qualified professional shall evaluate the
personal care assistance services for a recipient through direct observation of
a personal care assistant's work:
(1) at least every 90 days thereafter
for the first year of a recipient's services; and
(2) every 120 days after the first
year of a recipient's service or whenever needed for response to a recipient's
request for increased supervision of the personal care assistance staff.
(d) Communication with the recipient
is a part of the evaluation process of the personal care assistance staff.
(e) At each supervisory visit, the
qualified professional shall evaluate personal care assistance services
including the following information:
(1) satisfaction level of the
recipient with personal care assistance services;
(2) review of the month-to-month plan
for use of personal care assistance services;
(3) review of documentation of
personal care assistance services provided;
(4) whether the personal care
assistance services are meeting the goals of the service as stated in the
personal care assistance care plan and service plan;
(5) a written record of the results
of the evaluation and actions taken to correct any deficiencies in the work of
a personal care assistant; and
(6) revision of the personal care assistance
care plan as necessary in consultation with the recipient or responsible party,
to meet the needs of the recipient.
(f) The qualified professional shall
complete the required documentation in the agency recipient and employee files
and the recipient's home, including the following documentation:
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(1) the personal care assistance care
plan based on the service plan and individualized needs of the recipient;
(2) a month-to-month plan for use of
personal care assistance services;
(3) changes in need of the recipient
requiring a change to the level of service and the personal care assistance
care plan;
(4) evaluation results of supervision
visits and identified issues with personal care assistance staff with
actions taken;
(5) all communication with the
recipient and personal care assistance staff; and
(6) hands-on training or
individualized training for the care of the recipient.
(g) The documentation in paragraph (f)
must be done on agency forms.
(h) The services that are not eligible
for payment as qualified professional services include:
(1) direct professional nursing tasks
that could be assessed and authorized as skilled nursing tasks;
(2) supervision of personal care
assistance completed by telephone;
(3) agency administrative activities;
(4) training other than the
individualized training required to provide care for a recipient; and
(5) any other activity that is not
described in this section.
Subd. 15.
Flexible use. (a) "Flexible use" means the
scheduled use of authorized hours of personal care assistance services, which vary
within a service authorization period covering no more than six months, in
order to more effectively meet the needs and schedule of the recipient. Each 12-month service agreement is divided
into two six-month authorization date spans.
No more than 75 percent of the total authorized units for a 12-month
service agreement may be used in a six-month date span.
(b) Authorization of flexible use
occurs during the authorization process under section 256B.0652. The flexible use of authorized hours does not
increase the total amount of authorized hours available to a recipient. The commissioner shall not authorize
additional personal care assistance services to supplement a service
authorization that is exhausted before the end date under a flexible service
use plan, unless the assessor determines a change in condition and a need for
increased services is established.
Authorized hours not used within the six-month period must not be
carried over to another time period.
(c) A recipient who has terminated personal
care assistance services before the end of the 12-month authorization period
must not receive additional hours upon reapplying during the same 12-month
authorization period, except if a change in condition is documented. Services must be prorated for the remainder
of the 12-month authorization period based on the first six-month assessment.
(d) The recipient, responsible party,
and qualified professional must develop a written month-to-month plan of the
projected use of personal care assistance services that is part of the personal
care assistance care plan and ensures:
(1) that the health and safety needs
of the recipient are met throughout both date spans of the authorization
period; and
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(2) that the total authorized amount
of personal care assistance services for each date span must not be used before
the end of each date span in the authorization period.
(e) The personal care assistance
provider agency shall monitor the use of personal care assistance services to
ensure health and safety needs of the recipient are met throughout both date
spans of the authorization period. The
commissioner or the commissioner's designee shall provide written notice to the
provider and the recipient or responsible party when a recipient is at risk of
exceeding the personal care assistance services prior to the end of the
six-month period.
(f) Misuse and abuse of the flexible
use of personal care assistance services resulting in the overuse of units in a
manner where the recipient will not have enough units to meet their needs for
assistance and ensure health and safety for the entire six-month date span may
lead to an action by the commissioner.
The commissioner may take action including, but not limited to: (1)
restricting recipients to service authorizations of no more than one month in
duration; (2) requiring the recipient to have a responsible party; and (3)
requiring a qualified professional to monitor and report services on a monthly
basis.
Subd. 16.
Shared services. (a) Medical assistance payments for shared
personal care assistance services are limited according to this subdivision.
(b) Shared service is the provision
of personal care assistance services by a personal care assistant to two or
three recipients, eligible for medical assistance, who voluntarily enter into
an agreement to receive services at the same time and in the same setting.
(c) For the purposes of this
subdivision, "setting" means:
(1) the home residence or family
foster care home of one or more of the individual recipients; or
(2) a child care program licensed
under chapter 245A or operated by a local school district or private school.
(d) Shared personal care assistance
services follow the same criteria for covered services as subdivision 2.
(e) Noncovered shared personal care
assistance services include the following:
(1) services for more than three
recipients by one personal care assistant at one time;
(2) staff requirements for child care
programs under chapter 245C;
(3) caring for multiple recipients in
more than one setting;
(4) additional units of personal care
assistance based on the selection of the option; and
(5) use of more than one personal
care assistance provider agency for the shared care services.
(f) The option of shared personal
care assistance is elected by the recipient or the responsible party with the assistance
of the assessor. The option must be
determined appropriate based on the ages of the recipients, compatibility, and
coordination of their assessed care needs.
The recipient or the responsible party, in conjunction with the
qualified professional, shall arrange the setting and grouping of shared
services based on the individual needs and preferences of the recipients. The personal care assistance provider agency
shall offer the recipient or the responsible party the option of shared or
one-on-one personal care assistance services or a combination of both. The recipient or the responsible party may
withdraw from participating in a shared services arrangement at any time.
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(g) Authorization for the shared
service option must be determined by the commissioner based on the criteria
that the shared service is appropriate to meet all of the recipients' needs and
their health and safety is maintained.
The authorization of shared services is part of the overall
authorization of personal care assistance services. Nothing in this subdivision must be construed
to reduce the total number of hours authorized for an individual recipient.
(h) A personal care assistant
providing shared personal care assistance services must:
(1) receive training specific for
each recipient served; and
(2) follow all required documentation
requirements for time and services provided.
(i) A qualified professional shall:
(1) evaluate the ability of the
personal care assistant to provide services for all of the recipients in a
shared setting;
(2) visit the shared setting as
services are being provided at least once every six months or whenever needed
for response to a recipient's request for increased supervision of the personal
care assistance staff;
(3) provide ongoing monitoring and
evaluation of the effectiveness and appropriateness of the shared services;
(4) develop a contingency plan with
each of the recipients which accounts for absence of the recipient in a share
services setting due to illness or other circumstances;
(5) obtain permission from each of the
recipients who are sharing a personal care assistant for number of shared hours
for services provided inside and outside the home residence; and
(6) document the training completed
by the personal care assistants specific to the shared setting and recipients
sharing services.
Subd. 17.
Shared services; rates. The commissioner shall provide a rate
system for shared personal care assistance services. For two persons sharing services, the rate
paid to a provider must not exceed one and one-half times the rate paid for
serving a single individual, and for three persons sharing services, the rate
paid to a provider must not exceed twice the rate paid for serving a single
individual. These rates apply only when
all of the criteria for the shared care personal care assistance service have
been met.
Subd. 18.
Personal care assistance
choice option; generally. (a)
The commissioner may allow a recipient of personal care assistance services to
use a fiscal intermediary to assist the recipient in paying and accounting for
medically necessary covered personal care assistance services. Unless otherwise provided in this section,
all other statutory and regulatory provisions relating to personal care
assistance services apply to a recipient using the personal care assistance
choice option.
(b) Personal care assistance choice
is an option of the personal care assistance program that allows the recipient
who receives personal care assistance services to be responsible for the
hiring, training, scheduling, and firing of personal care assistants. This program offers greater control and
choice for the recipient in who provides the personal care assistance service
and when the service is scheduled. The
recipient or the recipient's responsible party must choose a personal care
assistance choice provider agency as a fiscal intermediary. This personal care assistance choice provider
agency manages payroll, invoices the state, is responsible for all payroll
related taxes and insurance, and is responsible for providing the consumer
training and support in managing the recipient's personal care assistance
services.
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Subd. 19.
Personal care assistance
choice option; qualifications; duties.
(a) Under personal care assistance choice, the recipient or
responsible party shall:
(1) recruit, hire, schedule, and
terminate personal care assistants and a qualified professional;
(2) develop a personal care
assistance care plan based on the assessed needs and addressing the health and
safety of the recipient with the assistance of a qualified professional as
needed;
(3) orient and train the personal
care assistant with assistance as needed from the qualified professional;
(4) effective January 1, 2010,
supervise and evaluate the personal care assistant with the qualified
professional, who is required to visit the recipient at least every 180 days;
(5) monitor and verify in writing and
report to the personal care assistance choice agency the number of hours worked
by the personal care assistant and the qualified professional;
(6) engage in an annual face-to-face
reassessment to determine continuing eligibility and service
authorization; and
(7) use the same personal care
assistance choice provider agency if shared personal assistance care is being
used.
(b) The personal care assistance
choice provider agency shall:
(1) meet all personal care assistance
provider agency standards;
(2) enter into a written agreement
with the recipient, responsible party, and personal care assistants;
(3) not be related as a parent,
child, sibling, or spouse to the recipient, qualified professional, or the
personal care assistant; and
(4) ensure arm's-length transactions
without undue influence or coercion with the recipient and personal care
assistant.
(c) The duties of the personal care
assistance choice provider agency are to:
(1) be the employer of the personal
care assistant and the qualified professional for employment law and related
regulations including, but not limited to, purchasing and maintaining workers'
compensation, unemployment insurance, surety and fidelity bonds, and liability
insurance, and submit any or all necessary documentation including, but not
limited to, workers' compensation and unemployment insurance;
(2) bill the medical assistance
program for personal care assistance services and qualified professional
services;
(3) request and complete background
studies that comply with the requirements for personal care assistants and
qualified professionals;
(4) pay the personal care assistant
and qualified professional based on actual hours of services provided;
(5) withhold and pay all applicable
federal and state taxes;
(6) verify and keep records of hours
worked by the personal care assistant and qualified professional;
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(7) make the arrangements and pay
taxes and other benefits, if any; and comply with any legal requirements for a
Minnesota employer;
(8) enroll in the medical assistance
program as a personal care assistance choice agency; and
(9) enter into a written agreement as
specified in subdivision 20 before services are provided.
Subd. 20.
Personal care assistance
choice option; administration. (a)
Before services commence under the personal care assistance choice option, and
annually thereafter, the personal care assistance choice provider agency,
recipient, or responsible party, each personal care assistant, and the
qualified professional shall enter into a written agreement. The agreement must include at a minimum:
(1) duties of the recipient, qualified
professional, personal care assistant, and personal care assistance choice
provider agency;
(2) salary and benefits for the
personal care assistant and the qualified professional;
(3) administrative fee of the personal
care assistance choice provider agency and services paid for with that fee,
including background study fees;
(4) grievance procedures to respond to
complaints;
(5) procedures for hiring and
terminating the personal care assistant; and
(6) documentation requirements
including, but not limited to, time sheets, activity records, and the personal
care assistance care plan.
(b) Effective January 1, 2010, except
for the administrative fee of the personal care assistance choice provider
agency as reported on the written agreement, the remainder of the rates paid to
the personal care assistance choice provider agency must be used to pay for the
salary and benefits for the personal care assistant or the qualified
professional. The provider agency must
use a minimum of 72.5 percent of the revenue generated by the medical
assistance rate for personal care assistance services for employee personal
care assistant wages and benefits.
(c) The commissioner shall deny,
revoke, or suspend the authorization to use the personal care assistance choice
option if:
(1) it has been determined by the
qualified professional or public health nurse that the use of this option
jeopardizes the recipient's health and safety;
(2) the parties have failed to comply
with the written agreement specified in this subdivision;
(3) the use of the option has led to
abusive or fraudulent billing for personal care assistance services; or
(4) the department terminates the
personal care assistance choice option.
(d) The recipient or responsible party
may appeal the commissioner's decision in paragraph (c) according to section
256.045. The denial, revocation, or
suspension to use the personal care assistance choice option must not affect the
recipient's authorized level of personal care assistance services.
Subd. 21.
Requirements for initial
enrollment of personal care assistance provider agencies. (a) All personal care assistance provider
agencies must provide, at the time of enrollment as a personal care assistance
provider agency in a format determined by the commissioner, information and
documentation that includes, but is not limited to, the following:
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(1)
the personal care assistance provider agency's current contact information
including address, telephone number, and e-mail address;
(2)
proof of surety bond coverage in the amount of $50,000 or ten percent of the
provider's payments from Medicaid in the previous year, whichever is less;
(3)
proof of fidelity bond coverage in the amount of $20,000;
(4)
proof of workers' compensation insurance coverage;
(5) a
description of the personal care assistance provider agency's organization
identifying the names of all owners, managing employees, staff, board of
directors, and the affiliations of the directors, owners, or staff to other
service providers;
(6) a
copy of the personal care assistance provider agency's written policies and
procedures including: hiring of
employees; training requirements; service delivery; and employee and consumer
safety including process for notification and resolution of consumer
grievances, identification and prevention of communicable diseases, and
employee misconduct;
(7)
copies of all other forms the personal care assistance provider agency uses in
the course of daily business including, but not limited to:
(i) a
copy of the personal care assistance provider agency's time sheet if the time
sheet varies from the standard time sheet for personal care assistance services
approved by the commissioner, and a letter requesting approval of the personal
care assistance provider agency's nonstandard time sheet;
(ii)
the personal care assistance provider agency's template for the personal care
assistance care plan; and
(iii)
the personal care assistance provider agency's template and the written
agreement in subdivision 20 for recipients using the personal care assistance
choice option, if applicable;
(8) a
list of all trainings and classes that the personal care assistance provider
agency requires of its staff providing personal care assistance services;
(9)
documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this section;
(10)
documentation of the agency's marketing practices;
(11)
disclosure of ownership, leasing, or management of all residential properties
that is used or could be used for providing home care services; and
(12)
documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance
services for employee personal care assistant wages and benefits: 72.5 percent
of revenue in the personal care assistance choice option and 72.5 percent of
revenue from other personal care assistance providers.
(b)
Personal care assistance provider agencies shall provide the information
specified in paragraph (a) to the commissioner at the time the personal care
assistance provider agency enrolls as a vendor or upon request from the
commissioner. The commissioner shall
collect the information specified in paragraph (a) from all personal care
assistance providers beginning upon enactment of this section.
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(c) All personal care assistance
provider agencies shall complete mandatory training as determined by the
commissioner before enrollment as a provider.
Personal care assistance provider agencies are required to send all
owners, qualified professionals employed by the agency, and all other managing
employees to the initial and subsequent trainings. Personal care assistance provider agency
billing staff shall complete training about personal care assistance program
financial management. This training is
effective upon enactment of this section.
Any personal care assistance provider agency enrolled before that date
shall, if it has not already, complete the provider training within 18 months
of the effective date of this section.
Any new owners, new qualified professionals, and new managing employees
are required to complete mandatory training as a requisite of hiring.
Subd. 22.
Annual review for personal
care providers. (a) All
personal care assistance provider agencies shall resubmit, on an annual basis,
the information specified in subdivision 21, in a format determined by the
commissioner, and provide a copy of the personal care assistance provider
agency's most current version of its grievance policies and procedures along
with a written record of grievances and resolutions of the grievances that the
personal care assistance provider agency has received in the previous year and
any other information requested by the commissioner.
(b) The commissioner shall send annual
review notification to personal care assistance provider agencies 30 days prior
to renewal. The notification must:
(1) list the materials and information
the personal care assistance provider agency is required to submit;
(2) provide instructions on submitting
information to the commissioner; and
(3) provide a due date by which the
commissioner must receive the requested information.
Personal care assistance provider agencies shall submit
required documentation for annual review within 30 days of notification from
the commissioner. If no documentation is
submitted, the personal care assistance provider agency enrollment number must
be terminated or suspended.
(c) Personal care assistance provider
agencies also currently licensed under Minnesota Rules, part 4668.0012, as a
class A provider or currently certified for participation in Medicare as a home
health agency are deemed in compliance with the personal care assistance
requirements for enrollment, annual review process, and documentation.
Subd. 23.
Enrollment requirements following
termination. (a) A terminated
personal care assistance provider agency, including all named individuals on
the current enrollment disclosure form and known or discovered affiliates of
the personal care assistance provider agency, is not eligible to enroll as a
personal care assistance provider agency for two years following the
termination.
(b) After the two-year period in
paragraph (a), if the provider seeks to reenroll as a personal care assistance
provider agency, the personal care assistance provider agency must be placed on
a one-year probation period, beginning after completion of the following:
(1) the department's provider
trainings under this section; and
(2) initial enrollment requirements
under subdivision 21.
(c) During the probationary period the
commissioner shall complete site visits and request submission of documentation
to review compliance with program policy.
Subd. 24.
Personal care assistance
provider agency; general duties.
A personal care assistance provider agency shall:
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(1)
enroll as a Medicaid provider meeting all provider standards, including
completion of the required provider training;
(2)
comply with general medical assistance coverage requirements;
(3)
demonstrate compliance with law and policies of the personal care assistance
program to be determined by the commissioner;
(4)
comply with background study requirements;
(5)
verify and keep records of hours worked by the personal care assistant and
qualified professional;
(6)
market agency services only through printed information in brochures and on Web
sites and not engage in any agency-initiated direct contact or marketing in
person, by phone, or other electronic means to potential recipients, guardians,
or family members;
(7)
pay the personal care assistant and qualified professional based on actual
hours of services provided;
(8)
withhold and pay all applicable federal and state taxes;
(9)
effective January 1, 2010, document that the agency uses a minimum of 72.5
percent of the revenue generated by the medical assistance rate for personal
care assistance services for employee personal care assistant wages and
benefits;
(10)
make the arrangements and pay unemployment insurance, taxes, workers'
compensation, liability insurance, and other benefits, if any;
(11)
enter into a written agreement under subdivision 20 before services are
provided;
(12)
report suspected neglect and abuse to the common entry point according to
section 256B.0651;
(13)
provide the recipient with a copy of the home care bill of rights at start of
service; and
(14)
request reassessments at least 60 days prior to the end of the current
authorization for personal care assistance services, on forms provided by the
commissioner.
Subd.
25.
Personal care assistance
provider agency; background studies.
Personal care assistance provider agencies enrolled to provide
personal care assistance services under the medical assistance program shall
comply with the following:
(1)
owners who have a five percent interest or more and all managing employees are
subject to a background study as provided in chapter 245C. This applies to currently enrolled personal
care assistance provider agencies and those agencies seeking enrollment as a
personal care assistance provider agency.
Managing employee has the same meaning as Code of Federal Regulations,
title 42, section 455. An organization
is barred from enrollment if:
(i)
the organization has not initiated background studies on owners and managing
employees; or
(ii)
the organization has initiated background studies on owners and managing
employees, but the commissioner has sent the organization a notice that an
owner or managing employee of the organization has been disqualified under
section 245C.14, and the owner or managing employee has not received a set
aside of the disqualification under section 245C.22;
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(2) a background study must be
initiated and completed for all qualified professionals; and
(3) a background study must be
initiated and completed for all personal care assistants.
Subd. 26.
Personal care assistance provider
agency; communicable disease prevention. A personal care assistance provider agency
shall establish and implement policies and procedures for prevention, control,
and investigation of infections and communicable diseases according to current
nationally recognized infection control practices or guidelines established by
the United States Centers for Disease Control and Prevention, as well as
applicable regulations of other federal or state agencies.
Subd. 27.
Personal care assistance
provider agency; ventilator training.
The personal care assistance provider agency is required to provide
training for the personal care assistant responsible for working with a
recipient who is ventilator dependent.
All training must be administered by a respiratory therapist, nurse, or
physician. Qualified professional
supervision by a nurse must be completed and documented on file in the personal
care assistant's employment record and the recipient's health record. If offering personal care services to a
ventilator-dependent recipient, the personal care assistance provider agency
shall demonstrate the ability to:
(1) train the personal care
assistant;
(2) supervise the personal care
assistant in ventilator operation and maintenance; and
(3) supervise the recipient and
responsible party in ventilator operation and maintenance.
Subd. 28.
Personal care assistance
provider agency; required documentation. Required documentation must be completed
and kept in the personal care assistance provider agency file or the
recipient's home residence. The required
documentation consists of:
(1) employee files, including:
(i) applications for employment;
(ii) background study requests and
results;
(iii) orientation records about the
agency policies;
(iv) trainings completed with
demonstration of competence;
(v) supervisory visits;
(vi) evaluations of employment; and
(vii) signature on fraud statement;
(2) recipient files, including:
(i) demographics;
(ii) emergency contact information
and emergency backup plan;
(iii) personal care assistance
service plan;
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(iv) personal care assistance care
plan;
(v) month-to-month service use plan;
(vi) all communication records;
(vii) start of service information,
including the written agreement with recipient; and
(viii) date the home care bill of
rights was given to the recipient;
(3) agency policy manual, including:
(i) policies for employment and
termination;
(ii) grievance policies with
resolution of consumer grievances;
(iii) staff and consumer safety;
(iv) staff misconduct; and
(v) staff hiring, service delivery,
staff and consumer safety, staff misconduct, and resolution of consumer
grievances;
(4) time sheets for each personal care
assistant along with completed activity sheets for each recipient
served; and
(5) agency marketing and advertising
materials and documentation of marketing activities and costs.
Subd. 29.
Transitional assistance. The commissioner, counties, health plans,
tribes, and personal care assistance providers shall work together to provide
transitional assistance for recipients and families to come into compliance
with the new requirements of this section and ensure the personal care
assistance services are not provided by the housing provider.
Subd. 30.
Notice of service changes to
recipients. The commissioner
must provide:
(1) by October 31, 2009, information to
recipients likely to be affected that (i) describes the changes to the personal
care assistance program that may result in the loss of access to personal care
assistance services, and (ii) includes resources to obtain further information;
and
(2) notice of changes in medical
assistance home care services to each affected recipient at least 30 days
before the effective date of the change.
The notice shall include how to get further information on the
changes, how to get help to obtain other services, a list of community
resources, and appeal rights.
Notwithstanding section 256.045, a recipient may request continued
services pending appeal within the time period allowed to request an appeal.
EFFECTIVE DATE.
Subdivisions 4, 22, and 27 are effective January 1, 2010.
Sec. 32.
Minnesota Statutes 2008, section 256B.0911, subdivision 1, is amended to
read:
Subdivision 1. Purpose and goal. (a) The purpose of long-term care
consultation services is to assist persons with long-term or chronic care needs
in making long-term care decisions and selecting options that meet their needs
and reflect their preferences. The
availability of, and access to, information and other types of assistance,
including
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assessment and support planning, is also intended to prevent or delay
certified nursing facility placements and to provide transition assistance
after admission. Further, the goal of
these services is to contain costs associated with unnecessary certified
nursing facility admissions. Long-term
consultation services must be available to any person regardless of public
program eligibility. The commissioners
commissioner of human services and health shall seek to maximize
use of available federal and state funds and establish the broadest program
possible within the funding available.
(b)
These services must be coordinated with services long-term care
options counseling provided under section 256.975, subdivision 7, and with
services provided by other public and private agencies in the community section
256.01, subdivision 24, for telephone assistance and follow up and to offer
a variety of cost-effective alternatives to persons with disabilities and
elderly persons. The county or tribal
agency or managed care plan providing long-term care consultation
services shall encourage the use of volunteers from families, religious
organizations, social clubs, and similar civic and service organizations to
provide community-based services.
Sec.
33. Minnesota Statutes 2008, section
256B.0911, subdivision 1a, is amended to read:
Subd.
1a. Definitions. For purposes of this section, the following
definitions apply:
(a)
"Long-term care consultation services" means:
(1) providing
information and education to the general public regarding availability of the
services authorized under this section;
(2)
an intake process that provides access to the services described in this section;
(3)
assessment of the health, psychological, and social needs of referred
individuals;
(4) assistance in identifying services needed to maintain
an individual in the least restrictive most inclusive environment;
(5) (2) providing recommendations on
cost-effective community services that are available to the individual;
(6) (3) development of an individual's person-centered
community support plan;
(7) (4) providing information regarding
eligibility for Minnesota health care programs;
(5)
face-to-face long-term care consultation assessments, which may be completed in
a hospital, nursing facility, intermediate care facility for persons with
developmental disabilities (ICF/DDs), regional treatment centers, or the
person's current or planned residence;
(8)
preadmission (6) federally
mandated screening to determine the need for a nursing facility institutional
level of care under section 256B.0911, subdivision 4, paragraph (a);
(9)
preliminary (7) determination
of Minnesota health care programs home and community-based waiver
service eligibility including level of care determination for
individuals who need a nursing facility an institutional level of
care as defined under section 144.0724, subdivision 11, or 256B.092, service
eligibility including state plan home care services identified in section
256B.0625, subdivisions 6, 7, and 19, paragraphs (a) and (c), based on
assessment and support plan development with appropriate referrals for
final determination;
(10) (8) providing recommendations for nursing
facility placement when there are no cost-effective community services available; and
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(11) (9) assistance to transition people back to
community settings after facility admission.
(b)
"Long-term options counseling" means the services provided by the
linkage lines as mandated by sections 256.01 and 256.975, subdivision 7, and
also includes telephone assistance and follow up once a long-term care
consultation assessment has been completed.
(b) (c)
"Minnesota health care programs" means the medical assistance program
under chapter 256B and the alternative care program under section 256B.0913.
(d)
"Lead agencies" means counties or a collaboration of counties,
tribes, and health plans administering long-term care consultation assessment
and support planning services.
EFFECTIVE DATE. This section is effective
January 1, 2011.
Sec.
34. Minnesota Statutes 2008, section
256B.0911, is amended by adding a subdivision to read:
Subd.
2b.
Certified assessors. (a) Beginning January 1, 2011, each lead
agency shall use certified assessors who have completed training and
certification process determined by the commissioner in subdivision 2c. Certified assessors shall demonstrate best
practices in assessment and support planning including person-centered planning
principals and have a common set of skills that must ensure consistency and
equitable access to services statewide.
Assessors must be part of a multidisciplinary team of professionals that
includes public health nurses, social workers, and other professionals as defined
in paragraph (b). For persons with complex
health care needs, a public health nurse or registered nurse from a
multidisciplinary team must be consulted.
(b)
Certified assessors are persons with a minimum of a bachelor's degree in social
work, nursing with a public health nursing certificate, or other closely
related field with at least one year of home and community-based experience or
a two-year registered nursing degree with at least three years of home and
community-based experience that have received training and certification
specific to assessment and consultation for long-term care services in the
state.
Sec.
35. Minnesota Statutes 2008, section
256B.0911, is amended by adding a subdivision to read:
Subd.
2c.
Assessor training and
certification. The
commissioner shall develop a curriculum and an assessor certification process
to begin no later than January 1, 2010.
All existing lead agency staff designated to provide the services
defined in subdivision 1a must be certified by December 30, 2010. Each lead agency is required to ensure that
they have sufficient numbers of certified assessors to provide long-term
consultation assessment and support planning within the timelines and
parameters of the service by January 1, 2011.
Certified assessors are required to be recertified every three years.
Sec.
36. Minnesota Statutes 2008, section
256B.0911, subdivision 3, is amended to read:
Subd.
3. Long-term
care consultation team. (a) Until
January 1, 2011, a long-term care consultation team shall be established by
the county board of commissioners. Each
local consultation team shall consist of at least one social worker and at
least one public health nurse from their respective county agencies. The board may designate public health or
social services as the lead agency for long-term care consultation
services. 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. Two or more
counties may collaborate to establish a joint local consultation team or teams.
(b) The
team is responsible for providing long-term care consultation services to all
persons located in the county who request the services, regardless of
eligibility for Minnesota health care programs.
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(c) The commissioner shall allow arrangements
and make recommendations that encourage counties to collaborate to establish
joint local long-term care consultation teams to ensure that long-term care
consultations are done within the timelines and parameters of the service. This includes integrated service models as
required in subdivision 1, paragraph (b).
Sec. 37.
Minnesota Statutes 2008, section 256B.0911, subdivision 3a, is amended
to read:
Subd. 3a. Assessment and support planning. (a) Persons requesting assessment, services
planning, or other assistance intended to support community-based living,
including persons who need assessment in order to determine waiver or
alternative care program eligibility, must be visited by a long-term care
consultation team within ten working 15 calendar days after the
date on which an assessment was requested or recommended. After January 1, 2011, these requirements
also apply to personal care assistance services, private duty nursing, and home
health agency services, on timelines established in subdivision 5. Face-to-face assessments must be
conducted according to paragraphs (b) to (i).
(b) The county may utilize a team of either the social
worker or public health nurse, or both,. After January 1, 2011, lead agencies shall
use certified assessors to conduct the assessment in a face-to-face
interview. The consultation team members
must confer regarding the most appropriate care for each individual screened or
assessed.
(c) The long-term care consultation team must
assess the health and social needs of the person assessment must be
comprehensive and include a person-centered assessment of the health,
psychological, functional, environmental, and social needs of referred
individuals and provide information necessary to develop a support plan that meets
the consumers needs, using an assessment form provided by the commissioner.
(d) The team must conduct the assessment must
be conducted in a face-to-face interview with the person being assessed and
the person's legal representative, if applicable as required by
legally executed documents, and other individuals as requested by the person,
who can provide information on the needs, strengths, and preferences of the
person necessary to develop a support plan that ensures the person's health and
safety, but who is not a provider of service or has any financial interest in
the provision of services.
(e) The team must provide the person, or the
person's legal representative, must be provided with written
recommendations for facility- or community-based services. The team must document or
institutional care that include documentation that the most cost-effective
alternatives available were offered to the individual. For purposes of this requirement,
"cost-effective alternatives" means community services and living
arrangements that cost the same as or less than nursing facility
institutional care.
(f) If the person chooses to use community-based
services, the team must provide the person or the person's legal
representative must be provided with a written community support plan,
regardless of whether the individual is eligible for Minnesota health care
programs. The A person may
request assistance in developing a community support plan identifying
community supports without participating in a complete assessment. Upon a request for assistance identifying
community support, the person must be transferred or referred to the services
available under sections 256.975, subdivision 7, and 256.01, subdivision 24,
for telephone assistance and follow up.
(g) The person has the right to make the final
decision between nursing facility institutional placement and
community placement after the screening team's recommendation
recommendations have been provided, except as provided in subdivision 4a,
paragraph (c).
(h) The team must give the person receiving assessment
or support planning, or the person's legal representative, materials, and forms
supplied by the commissioner containing the following information:
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(1) the need for and purpose of preadmission screening
if the person selects nursing facility placement;
(2) the role of the long-term care consultation
assessment and support planning in waiver and alternative care program
eligibility determination;
(3) information about Minnesota health care programs;
(4) the person's freedom to accept or reject the
recommendations of the team;
(5) the person's right to confidentiality under the
Minnesota Government Data Practices Act, chapter 13;
(6) the long-term care consultant's decision regarding
the person's need for nursing facility institutional level of
care as determined under criteria established in section 144.0724,
subdivision 11, or 256B.092; and
(7) the person's right to appeal the decision regarding
the need for nursing facility level of care or the county's final decisions
regarding public programs eligibility according to section 256.045, subdivision
3.
(i) Face-to-face assessment completed as part of
eligibility determination for the alternative care, elderly waiver, community
alternatives for disabled individuals, community alternative care, and
traumatic brain injury waiver programs under sections 256B.0915, 256B.0917, and
256B.49 is valid to establish service eligibility for no more than 60 calendar
days after the date of assessment. The
effective eligibility start date for these programs can never be prior to the date
of assessment. If an assessment was
completed more than 60 days before the effective waiver or alternative care
program eligibility start date, assessment and support plan information must be
updated in a face-to-face visit and documented in the department's Medicaid
Management Information System (MMIS).
The effective date of program eligibility in this case cannot be prior
to the date the updated assessment is completed.
Sec. 38.
Minnesota Statutes 2008, section 256B.0911, subdivision 3b, is amended
to read:
Subd. 3b. Transition assistance. (a) A long-term care consultation team shall
provide assistance to persons residing in a nursing facility, hospital,
regional treatment center, or intermediate care facility for persons with
developmental disabilities who request or are referred for assistance. Transition assistance must include
assessment, community support plan development, referrals to long-term care
options counseling under section 256B.975, subdivision 10, for community
support plan implementation and to Minnesota health care programs, and
referrals to programs that provide assistance with housing. Transition assistance must also include
information about the Centers for Independent Living and the Senior LinkAge
Line, and about other organizations that can provide assistance with
relocation efforts, and information about contacting these organizations to
obtain their assistance and support.
(b) The county shall develop transition processes with
institutional social workers and discharge planners to ensure that:
(1) persons admitted to facilities receive information
about transition assistance that is available;
(2) the assessment is completed for persons within ten
working days of the date of request or recommendation for assessment; and
(3) there is a plan for transition and follow-up for
the individual's return to the community.
The plan must require notification of other local agencies when a person
who may require assistance is screened by one county for admission to a
facility located in another county.
(c) If a person who is eligible for a Minnesota health
care program is admitted to a nursing facility, the nursing facility must
include a consultation team member or the case manager in the discharge
planning process.
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Sec. 39.
Minnesota Statutes 2008, section 256B.0911, subdivision 3c, is amended
to read:
Subd. 3c. Transition to housing with services. (a) Housing with services establishments
offering or providing assisted living under chapter 144G shall inform all
prospective residents of the availability of and contact information for
transitional consultation services under this subdivision prior to executing a
lease or contract with the prospective resident. The purpose of transitional long-term care
consultation is to support persons with current or anticipated long-term care
needs in making informed choices among options that include the most
cost-effective and least restrictive settings, and to delay spenddown to
eligibility for publicly funded programs by connecting people to alternative
services in their homes before transition to housing with services. Regardless of the consultation, prospective
residents maintain the right to choose housing with services or assisted living
if that option is their preference.
(b) Transitional consultation services are provided as
determined by the commissioner of human services in partnership with county
long-term care consultation units, and the Area Agencies on Aging, and are a
combination of telephone-based and in-person assistance provided under models
developed by the commissioner. The
consultation shall be performed in a manner that provides objective and
complete information. Transitional
consultation must be provided within five working days of the request of the
prospective resident as follows:
(1) the consultation must be provided by a qualified
professional as determined by the commissioner;
(2) the consultation must include a review of the prospective
resident's reasons for considering assisted living, the prospective resident's
personal goals, a discussion of the prospective resident's immediate and
projected long-term care needs, and alternative community services or assisted
living settings that may meet the prospective resident's needs; and
(3) the prospective resident shall be informed of the
availability of long-term care consultation services described in subdivision
3a that are available at no charge to the prospective resident to assist the
prospective resident in assessment and planning to meet the prospective
resident's long-term care needs. The
Senior LinkAge Line and long-term care consultation team shall give the highest
priority to referrals who are at highest risk of nursing facility placement or
as needed for determining eligibility.
Sec. 40.
Minnesota Statutes 2008, section 256B.0911, subdivision 4a, is amended
to read:
Subd. 4a. Preadmission screening activities related
to nursing facility admissions. (a)
All applicants to Medicaid certified nursing facilities, including certified
boarding care facilities, must be screened prior to admission regardless of
income, assets, or funding sources for nursing facility care, except as
described in subdivision 4b. The purpose
of the screening is to determine the need for nursing facility level of care as
described in paragraph (d) and to complete activities required under federal
law related to mental illness and developmental disability as outlined in
paragraph (b).
(b) A person who has a diagnosis or possible diagnosis
of mental illness or developmental disability must receive a preadmission
screening before admission regardless of the exemptions outlined in subdivision
4b, paragraph (b), to identify the need for further evaluation and specialized
services, 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 101-508.
The following criteria apply to the preadmission
screening:
(1) the county must use forms and criteria developed
by the commissioner to identify persons who require referral for further
evaluation and determination of the need for specialized services; and
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(2) the evaluation and determination of the need for
specialized services must be done by:
(i) a qualified independent mental health professional,
for persons with a primary or secondary diagnosis of a serious mental illness;
or
(ii) a qualified developmental disability professional,
for persons with a primary or secondary diagnosis of developmental
disability. For purposes of this
requirement, a qualified developmental disability professional must meet the
standards for a qualified developmental disability professional under Code of
Federal Regulations, title 42, section 483.430.
(c) The local county mental health authority or the
state developmental disability 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 developmental disability
means active treatment as that term is defined under Code of Federal Regulations,
title 42, section 483.440 (a)(1).
(d) The determination of the need for nursing facility
level of care must be made according to criteria established in section
144.0724, subdivision 11, and 256B.092, using forms developed by the
commissioner. In assessing a person's
needs, consultation team members shall have a physician available for
consultation and shall consider the assessment of the individual's attending
physician, if any. The individual's
physician must be included if the physician chooses to participate. Other personnel may be included on the team
as deemed appropriate by the county.
EFFECTIVE DATE.
The section is effective January 1, 2011.
Sec. 41.
Minnesota Statutes 2008, section 256B.0911, subdivision 5, is amended to
read:
Subd. 5. Administrative activity. The commissioner shall minimize the number
of forms required in the provision of long-term care consultation services and
shall limit the screening document to items necessary for community support
plan approval, reimbursement, program planning, evaluation, and policy
development streamline the processes, including timelines for when
assessments need to be completed, required to provide the services in this
section and shall implement integrated solutions to automate the business
processes to the extent necessary for community support plan approval,
reimbursement, program planning, evaluation, and policy development.
Sec. 42.
Minnesota Statutes 2008, section 256B.0911, subdivision 6, is amended to
read:
Subd. 6. Payment for long-term care consultation
services. (a) The total payment for
each county must be paid monthly by certified nursing facilities in the
county. The monthly amount to be paid by
each nursing facility for each fiscal year must be determined by dividing the
county's annual allocation for long-term care consultation services by 12 to
determine the monthly payment and allocating the monthly payment to each
nursing facility based on the number of licensed beds in the nursing facility. Payments to counties in which there is no
certified nursing facility must be made by increasing the payment rate of the
two facilities located nearest to the county seat.
(b) The commissioner shall include the total annual
payment determined under paragraph (a) for each nursing facility reimbursed
under section 256B.431 or 256B.434 according to section 256B.431, subdivision
2b, paragraph (g).
(c) In the event of the layaway, delicensure and
decertification, or removal from layaway of 25 percent or more of the beds in a
facility, the commissioner may adjust the per diem payment amount in paragraph
(b) and may adjust the monthly payment amount in paragraph (a). The effective date of an adjustment made
under this paragraph shall be on or after the first day of the month following
the effective date of the layaway, delicensure and decertification, or removal
from layaway.
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(d)
Payments for long-term care consultation services are available to the county
or counties to cover staff salaries and expenses to provide the services
described in subdivision 1a. The county
shall employ, or contract with other agencies to employ, within the limits of
available funding, sufficient personnel to provide long-term care consultation
services while meeting the state's long-term care outcomes and objectives as
defined in section 256B.0917, subdivision 1.
The county shall be accountable for meeting local objectives as approved
by the commissioner in the biennial home and community-based services quality
assurance plan on a form provided by the commissioner.
(e)
Notwithstanding section 256B.0641, overpayments attributable to payment of the
screening costs under the medical assistance program may not be recovered from
a facility.
(f) The
commissioner of human services shall amend the Minnesota medical assistance
plan to include reimbursement for the local consultation teams.
(g) The
county may bill, as case management services, assessments, support planning,
and follow-along provided to persons determined to be eligible for case
management under Minnesota health care programs. No individual or family member shall be
charged for an initial assessment or initial support plan development provided
under subdivision 3a or 3b.
(h)
The commissioner shall develop an alternative payment methodology for long-term
care consultation services that includes the funding available under this
subdivision, and sections 256B.092 and 256B.0659. In developing the new payment methodology,
the commissioner shall consider the maximization of federal funding for this
activity.
Sec.
43. Minnesota Statutes 2008, 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 county 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 in section 144.0724, subdivision 11, or,
if indicated, has not had a level II OBRA evaluation as required under the
federal Omnibus Budget Reconciliation Act of 1987 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 developmental disability is
approved by the state developmental disability authority.
(b) The
nursing facility must not bill a person who is not a medical assistance
recipient for resident days that preceded the date of completion of screening
activities as required under subdivisions 4a, 4b, and 4c. The nursing facility must include
unreimbursed resident days in the nursing facility resident day totals reported
to the commissioner.
EFFECTIVE DATE. The section is effective
January 1, 2011.
Sec.
44. Minnesota Statutes 2008, 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 determined by a community assessment under section 256B.0911 to
be a person who would require the level of care provided in a nursing facility,
but for the provision of services under the alternative care program. Effective January 1, 2011, this determination
must be made according to the criteria established in section 144.0724,
subdivision 11;
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(2) the person is age 65 or older;
(3) the person would be eligible for medical assistance
within 135 days of admission to a nursing facility;
(4) the person is not ineligible for the payment of long-term
care services by the medical assistance program due to an asset transfer
penalty under section 256B.0595 or equity interest in the home exceeding
$500,000 as stated in section 256B.056;
(5) the person needs long-term care services that are
not funded through other state or federal funding;
(6) except for individuals described in clause (7), the
monthly cost of the alternative care services funded by the program for this
person does not exceed 75 percent of the monthly limit described under section
256B.0915, subdivision 3a. This monthly
limit does not prohibit the alternative care client from payment for additional
services, but in no case may the cost of additional services purchased under
this section exceed the difference between the client's monthly service limit
defined under section 256B.0915, subdivision 3, and the alternative care
program monthly service limit defined in this paragraph. If care-related supplies and equipment or
environmental modifications and adaptations are or will be purchased for an
alternative care services recipient, the costs may be prorated on a monthly
basis for up to 12 consecutive months beginning with the month of
purchase. 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 described in this paragraph; and
(7) for individuals assigned a case mix
classification A as described under section 256B.0915, subdivision 3a,
paragraph (a), with (i) no dependencies in activities of daily living, (ii)
only one dependency in bathing, dressing, grooming, or walking, or (iii) a dependency
score of less than three if eating is the only dependency as determined by an
assessment performed under section 256B.0911, the monthly cost of alternative
care services funded by the program cannot exceed $600 per month for all new
participants enrolled in the program on or after July 1, 2009. This monthly limit shall be applied to all
other participants who meet this criteria at reassessment. This monthly limit shall be increased
annually as described in section 256B.0915, subdivision 3a, paragraph (a). This monthly limit does not prohibit the
alternative care client from payment for additional services, but in no case
may the cost of additional services purchased exceed the difference between the
client's monthly service limit defined in this clause and the limit described
in clause (6) for case mix classification A; and
(8) the person is making timely payments of the assessed
monthly fee.
A person is ineligible if payment of the fee is over 60 days
past due, unless the person agrees to:
(i) the appointment of a representative payee;
(ii) automatic payment from a financial account;
(iii) the establishment of greater family involvement
in the financial management of payments; or
(iv) another method acceptable to the lead agency to
ensure prompt fee payments.
The lead agency may extend the client's eligibility as
necessary while making arrangements to facilitate payment of past-due amounts
and future premium payments. Following
disenrollment due to nonpayment of a monthly fee, eligibility shall not be
reinstated for a period of 30 days.
(b) 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 or waiver obligation. A person whose initial application for
medical assistance and the elderly waiver program 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
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assistance, medical assistance must be billed for
services payable under the federally approved elderly waiver plan and delivered
from the date the individual was found eligible for the federally approved
elderly waiver plan. Notwithstanding
this provision, alternative care funds may not be used to pay for any service
the cost of which: (i) is payable by medical assistance; (ii) is used by a
recipient to meet a waiver obligation; or (iii) is used to pay a medical
assistance income spenddown for a person who is eligible to participate in the
federally approved elderly waiver program under the special income standard
provision.
(c)
Alternative care funding is not available for a person who resides in a
licensed nursing home, certified boarding care home, hospital, or intermediate
care facility, except for case management services which are provided in
support of the discharge planning process for a nursing home resident or
certified boarding care home resident to assist with a relocation process to a
community-based setting.
(d)
Alternative care funding is not available for a person whose income is greater
than the maintenance needs allowance under section 256B.0915, subdivision 1d,
but equal to or less than 120 percent of the federal poverty guideline
effective July 1 in the fiscal year for which alternative care eligibility is
determined, who would be eligible for the elderly waiver with a waiver
obligation.
Sec.
45. Minnesota Statutes 2008, section
256B.0915, subdivision 3a, is amended to read:
Subd.
3a. Elderly
waiver cost limits. (a) The monthly
limit for the cost of waivered services to an individual elderly waiver client except
for individuals described in paragraph (b) shall be the weighted average
monthly nursing facility rate of the case mix resident class to which the
elderly waiver client would be assigned under Minnesota Rules, parts 9549.0050
to 9549.0059, less the recipient's maintenance needs allowance as described in
subdivision 1d, paragraph (a), until the first day of the state fiscal year in
which the resident assessment system as described in section 256B.438 for
nursing home rate determination is implemented.
Effective on the first day of the state fiscal year in which the
resident assessment system as described in section 256B.438 for nursing home
rate determination is implemented and the first day of each subsequent state
fiscal year, the monthly limit for the cost of waivered services to an
individual elderly waiver client shall be the rate of the case mix resident
class to which the waiver client would be assigned under Minnesota Rules, parts
9549.0050 to 9549.0059, in effect on the last day of the previous state fiscal
year, adjusted by the greater of any legislatively adopted home and
community-based services percentage rate increase or the average statewide
percentage increase in nursing facility payment rates.
(b)
The monthly limit for the cost of waivered services to an individual elderly
waiver client assigned to a case mix classification A under paragraph (a) with
(1) no dependencies in activities of daily living, (2) only one dependency in
bathing, dressing, grooming, or walking, or (3) a dependency score of less than
three if eating is the only dependency, shall be the lower of the case mix
classification amount for case mix A as determined under paragraph (a) or the
case mix classification amount for case mix A effective on October 1, 2008, per
month for all new participants enrolled in the program on or after July 1,
2009. This monthly limit shall be
applied to all other participants who meet this criteria at reassessment.
(c) If extended medical supplies and equipment or
environmental modifications are or will be purchased for an elderly waiver
client, the costs may be prorated for up to 12 consecutive months beginning
with the month of purchase. If the
monthly cost of a recipient's waivered services exceeds the monthly limit established
in paragraph (a) or (b), the annual cost of all waivered services shall
be determined. In this event, the annual
cost of all waivered services shall not exceed 12 times the monthly limit of
waivered services as described in paragraph (a) or (b).
Sec.
46. Minnesota Statutes 2008, section
256B.0915, subdivision 3e, is amended to read:
Subd.
3e. Customized
living service rate. (a) Payment for
customized living services shall be a monthly rate negotiated and
authorized by the lead agency within the parameters established by the
commissioner. The payment agreement must
delineate the services that have been customized for each recipient and
specify the amount of each
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component
service included in the recipient's customized living service to be provided plan. The lead agency shall ensure that there is a
documented need for all within the parameters established by the
commissioner for all component customized living services authorized. Customized living services must not
include rent or raw food costs.
(b) The negotiated payment rate must be based on the
amount of component services to be provided utilizing component rates
established by the commissioner.
Counties and tribes shall use tools issued by the commissioner to
develop and document customized living service plans and rates.
Negotiated (c) Component service rates must not exceed payment rates for comparable
elderly waiver or medical assistance services and must reflect economies of
scale. Customized living services
must not include rent or raw food costs.
(b) (d) The individualized monthly negotiated
authorized payment for the customized living services
service plan shall not exceed the nonfederal share, in effect on July 1
of the state fiscal year for which the rate limit is being calculated,
50 percent of the greater of either the statewide or any of the geographic
groups' weighted average monthly nursing facility rate of the case mix resident
class to which the elderly waiver eligible client would be assigned under
Minnesota Rules, parts 9549.0050 to 9549.0059, less the maintenance needs
allowance as described in subdivision 1d, paragraph (a), until the July 1 of
the state fiscal year in which the resident assessment system as described in
section 256B.438 for nursing home rate determination is implemented. Effective on July 1 of the state fiscal year
in which the resident assessment system as described in section 256B.438 for
nursing home rate determination is implemented and July 1 of each subsequent
state fiscal year, the individualized monthly negotiated authorized
payment for the services described in this clause shall not exceed the limit described
in this clause which was in effect on June 30 of the previous state fiscal
year and which has been adjusted by the greater of any legislatively adopted
home and community-based services cost-of-living percentage increase or any
legislatively adopted statewide percent rate increase for nursing facilities
updated annually based on legislatively adopted changes to all service rate
maximums for home and community-based service providers.
(c) (e) Customized living services are delivered
by a provider licensed by the Department of Health as a class A or class F home
care provider and provided in a building that is registered as a housing with
services establishment under chapter 144D.
Sec.
47. Minnesota Statutes 2008, section
256B.0915, subdivision 3h, is amended to read:
Subd.
3h. Service
rate limits; 24-hour customized living services. (a) The payment rates rate
for 24-hour customized living services is a monthly rate negotiated and
authorized by the lead agency within the parameters established by the
commissioner of human services. The
payment agreement must delineate the services that have been customized for
each recipient and specify the amount of each component service included
in each recipient's customized living service to be provided plan. The lead agency shall ensure that there is a
documented need within the parameters established by the commissioner for
all component customized living services authorized. The lead agency shall not authorize 24-hour customized
living services unless there is a documented need for 24-hour supervision.
(b) For purposes of this section, "24-hour
supervision" means that the recipient requires assistance due to needs
related to one or more of the following:
(1)
intermittent assistance with toileting, positioning, or transferring;
(2)
cognitive or behavioral issues;
(3) a
medical condition that requires clinical monitoring; or
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(4) other conditions or needs as defined by the
commissioner of human services for all new participants enrolled in the
program on or after January 1, 2011, and all other participants at their first
reassessment after January 1, 2011, dependency in at least two of the following
activities of daily living as determined by assessment under section
256B.0911: bathing; dressing; grooming;
walking; or eating; and needs medication management and at least 50 hours of
service per month. The lead agency
shall ensure that the frequency and mode of supervision of the recipient and
the qualifications of staff providing supervision are described and meet the
needs of the recipient. Customized
living services must not include rent or raw food costs.
(c) The negotiated payment rate for 24-hour
customized living services must be based on the amount of component services
to be provided utilizing component rates established by the
commissioner. Counties and tribes will
use tools issued by the commissioner to develop and document customized living
plans and authorize rates.
Negotiated (d) Component service rates must not exceed payment rates
for comparable elderly waiver or medical assistance services and must reflect
economies of scale.
(e) The individually negotiated authorized
24-hour customized living payments, in combination with the payment for other
elderly waiver services, including case management, must not exceed the
recipient's community budget cap specified in subdivision 3a. Customized living services must not
include rent or raw food costs.
(f) The individually authorized
24-hour customized living payment rates shall not exceed the 95 percentile of
statewide monthly authorizations for 24-hour customized living services in
effect and in the Medicaid management information systems on March 31, 2009,
for each case mix resident class under Minnesota Rules, parts 9549.0050 to
9549.0059, to which elderly waiver service clients are assigned. When there are fewer than 50 authorizations
in effect in the case mix resident class, the commissioner shall multiply the
calculated service payment rate maximum for the A classification by the
standard weight for that classification under Minnesota Rules, parts 9549.0050
to 9549.0059, to determine the applicable payment rate maximum. Service payment rate maximums shall be
updated annually based on legislatively adopted changes to all service rates
for home and community-based service providers.
(g) Notwithstanding the requirements
of paragraphs (d) and (f), the commissioner may establish alternative payment
rate systems for 24-hour customized living services in housing with services
establishments which are freestanding buildings with a capacity of 16 or fewer,
by applying a single hourly rate for covered component services provided in
either:
(1) licensed corporate adult foster
homes; or
(2) specialized dementia care units
which meet the requirements of section 144D.065 and in which:
(i) each resident is offered the
option of having their own apartment; or
(ii) the units are licensed as board
and lodge establishments with maximum capacity of eight residents, and which
meet the requirements of Minnesota Rules, part 9555.6205, subparts 1, 2, 3, and
4, item A.
Sec. 48.
Minnesota Statutes 2008, section 256B.0915, subdivision 5, is amended to
read:
Subd. 5. Assessments and reassessments for waiver
clients. (a) Each client
shall receive an initial assessment of strengths, informal supports, and need
for services in accordance with section 256B.0911, subdivisions 3, 3a,
and 3b. A reassessment of a client
served under the elderly waiver must be conducted at least every 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. There must be a determination that the
client requires nursing facility level of care as defined in section 144.0724,
subdivision 11, at initial and subsequent assessments to initiate and maintain
participation in the waiver program.
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(b) Regardless of other assessments
identified in section 144.0724, subdivision 4, as appropriate to determine
nursing facility level of care for purposes of medical assistance payment for
nursing facility services, only face-to-face assessments conducted according to
section 256B.0911, subdivisions 3a and 3b, that result in a nursing facility
level of care determination will be accepted for purposes of initial and
ongoing access to waiver service payment.
EFFECTIVE DATE.
This section is effective January 1, 2011.
Sec. 49.
Minnesota Statutes 2008, section 256B.0915, is amended by adding a
subdivision to read:
Subd. 10.
Waiver payment rates; managed
care organizations. The
commissioner shall adjust the elderly waiver capitation payment rates for
managed care organizations paid under section 256B.69, subdivisions 6a and 23,
to reflect the maximum service rate limits for customized living services and
24-hour customized living services under subdivisions 3e and 3h for the
contract period beginning October 1, 2009.
Medical assistance rates paid to customized living providers by managed
care organizations under this section shall not exceed the maximum service rate
limits determined by the commissioner under subdivisions 3e and 3h.
Sec. 50.
Minnesota Statutes 2008, section 256B.0916, subdivision 2, is amended to
read:
Subd. 2. Distribution of funds; partnerships. (a) Beginning with fiscal year 2000, the
commissioner shall distribute all funding available for home and
community-based waiver services for persons with developmental disabilities to
individual counties or to groups of counties that form partnerships to jointly
plan, administer, and authorize funding for eligible individuals. The commissioner shall encourage counties to
form partnerships that have a sufficient number of recipients and funding to
adequately manage the risk and maximize use of available resources.
(b) Counties must submit a request for funds and a plan
for administering the program as required by the commissioner. The plan must identify the number of clients
to be served, their ages, and their priority listing based on:
(1) requirements in Minnesota Rules, part 9525.1880;
and
(2) unstable living situations due to the age or
incapacity of the primary caregiver; statewide priorities identified in
section 256B.092, subdivision 12.
(3) the need for services to avoid
out-of-home placement of children;
(4) the need to serve persons affected
by private sector ICF/MR closures; and
(5) the need to serve persons whose
consumer support grant exception amount was eliminated in 2004.
The plan must also identify changes made to improve services
to eligible persons and to improve program management.
(c) In allocating resources to counties, priority must
be given to groups of counties that form partnerships to jointly plan,
administer, and authorize funding for eligible individuals and to counties
determined by the commissioner to have sufficient waiver capacity to maximize
resource use.
(d) Within 30 days after receiving the county request
for funds and plans, the commissioner shall provide a written response to the
plan that includes the level of resources available to serve additional
persons.
(e) Counties are eligible to receive medical assistance
administrative reimbursement for administrative costs under criteria
established by the commissioner.
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Sec. 51.
Minnesota Statutes 2008, section 256B.0917, is amended by adding a
subdivision to read:
Subd. 14.
Essential community supports
grants. (a) The purpose of
the essential community supports grant program is to provide targeted services
to persons 65 years and older who need essential community support, but whose
needs do not meet the level of care required for nursing facility placement
under section 144.0724, subdivision 11.
(b) Within the limits of the
appropriation and not to exceed $400 per person per month, funding must be
available to a person who:
(1) is age 65 or older;
(2) is not eligible for medical
assistance;
(3) would otherwise be financially
eligible for the alternative care program under section 256B.0913,
subdivision 4;
(4) has received a community assessment
under section 256B.0911, subdivision 3a or 3b, and does not require the level
of care provided in a nursing facility;
(5) has a community support plan; and
(6) has been determined by a community
assessment under section 256B.0911, subdivision 3a or 3b, to be a person who
would require provision of at least one of the following services, as defined
in the approved elderly waiver plan, in order to maintain their community
residence:
(i) caregiver support;
(ii) homemaker;
(iii) chore; or
(iv) a personal emergency response
device or system.
(c) The person receiving any of the
essential community supports in this subdivision must also receive service
coordination as part of their community support plan.
(d) A person who has been determined
to be eligible for an essential community support grant must be reassessed at
least annually and continue to meet the criteria in paragraph (b) to remain
eligible for an essential community support grant.
(e) The commissioner shall allocate
grants to counties and tribes under contract with the department based upon the
historic use of the medical assistance elderly waiver and alternative care
grant programs and other criteria as determined by the commissioner.
EFFECTIVE DATE.
This section is effective January 1, 2011.
Sec. 52.
Minnesota Statutes 2008, section 256B.092, subdivision 8a, is amended to
read:
Subd. 8a. County concurrence. (a) If the county of financial responsibility
wishes to place a person in another county for services, the county of financial
responsibility shall seek concurrence from the proposed county of service and
the placement shall be made cooperatively between the two counties. Arrangements shall be made
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between the two counties for ongoing social service,
including annual reviews of the person's individual service plan. The county where services are provided may
not make changes in the person's service plan without approval by the county of
financial responsibility.
(b) When a person has been screened and authorized for
services in an intermediate care facility for persons with developmental
disabilities or for home and community-based services for persons with
developmental disabilities, the case manager shall assist that person in
identifying a service provider who is able to meet the needs of the person
according to the person's individual service plan. If the identified service is to be provided
in a county other than the county of financial responsibility, the county of
financial responsibility shall request concurrence of the county where the
person is requesting to receive the identified services. The county of service may refuse to concur
if:
(1) it can demonstrate that the provider is unable to
provide the services identified in the person's individual service plan as
services that are needed and are to be provided; or
(2) in the case of an intermediate care facility for
persons with developmental disabilities, there has been no authorization for
admission by the admission review team as required in section 256B.0926; or.
(3) in the case of home and
community-based services for persons with developmental disabilities, the
county of service can demonstrate that the prospective provider has failed to
substantially comply with the terms of a past contract or has had a prior
contract terminated within the last 12 months for failure to provide adequate
services, or has received a notice of intent to terminate the contract.
(c) The county of service shall notify the county of
financial responsibility of concurrence or refusal to concur no later than 20
working days following receipt of the written request. Unless other mutually acceptable arrangements
are made by the involved county agencies, the county of financial
responsibility is responsible for costs of social services and the costs
associated with the development and maintenance of the placement. The county of service may request that the
county of financial responsibility purchase case management services from the
county of service or from a contracted provider of case management when the
county of financial responsibility is not providing case management as defined in
this section and rules adopted under this section, unless other mutually
acceptable arrangements are made by the involved county agencies. Standards for payment limits under this
section may be established by the commissioner.
Financial disputes between counties shall be resolved as provided in
section 256G.09.
Sec. 53.
Minnesota Statutes 2008, section 256B.092, is amended by adding a
subdivision to read:
Subd. 11.
Residential support services. (a) Upon federal approval, there is
established a new service called residential support that is available on the
CAC, CADI, DD, and TBI waivers. Existing
waiver service descriptions must be modified to the extent necessary to ensure
there is no duplication between other services.
Residential support services must be provided by vendors licensed as a
community residential setting as defined in section 245A.11, subdivision 8.
(b) Residential support services must
meet the following criteria:
(1) providers of residential support
services must own or control the residential site;
(2) the residential site must not be
the primary residence of the license holder;
(3) the residential site must have a
designated program supervisor responsible for program oversight, development, and
implementation of policies and procedures;
(4) the provider of residential
support services must provide supervision, training, and assistance as
described in the person's community support plan; and
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(5)
the provider of residential support services must meet the requirements of
licensure and additional requirements of the person's community support plan.
(c)
Providers of residential support services that meet the definition in paragraph
(a) must be registered using a process determined by the commissioner beginning
July 1, 2009.
Sec.
54. Minnesota Statutes 2008, section
256B.092, is amended by adding a subdivision to read:
Subd.
12.
Waivered services statewide priorities. (a) The commissioner shall establish
statewide priorities for individuals on the waiting list for developmental
disabilities (DD) waiver services, as of January 1, 2010. The statewide priorities must include, but are
not limited to, individuals who continue to have a need for waiver services
after they have maximized the use of state plan services and other funding
resources, including natural supports, prior to accessing waiver services, and
who meet at least one of the following criteria:
(1)
have unstable living situations due to the age, incapacity, or sudden loss of
the primary caregivers;
(2)
are moving from an institution due to bed closures;
(3)
experience a sudden closure of their current living arrangement;
(4)
require protection from confirmed abuse, neglect, or exploitation;
(5)
experience a sudden change in need that can no longer be met through state plan
services or other funding resources alone; or
(6)
meet other priorities established by the department.
(b)
When allocating resources to lead agencies, the commissioner must take into
consideration the number of individuals waiting who meet statewide priorities
and the lead agencies' current use of waiver funds and existing service
options.
(c)
The commissioner shall evaluate the impact of the use of statewide priorities
and provide recommendations to the legislature on whether to continue the use
of statewide priorities in the November 1, 2011, annual report required by the
commissioner in sections 256B.0916, subdivision 7, and 256B.49, subdivision 21.
Sec.
55. [256B.0948]
FOSTER CARE RATE LIMITS.
The
commissioner shall decrease by five percent rates for adult foster care and
supportive living services that are reimbursed under section 256B.092 or 256B.49,
and are above the 95th percentile of the statewide rates for the service. The reduction in rates shall take into
account the acuity of individuals served based on the methodology used to
allocate dollars to local lead agency budgets, and assure that affected service
rates are not reduced below the rate level represented by the above percentile
due to this rate change. Lead agency
contracts for services specified in this section shall be amended to implement
these rate changes for services rendered on or after July 1, 2009. The commissioner shall make corresponding
reductions to waiver allocations and capitated rates.
Sec.
56. Minnesota Statutes 2008, section
256B.37, subdivision 1, is amended to read:
Subdivision
1. Subrogation. Upon furnishing medical assistance or
alternative care services under section 256B.0913 to any person who has
private accident or health care coverage, or receives or has a right to receive
health or medical care from any type of organization or entity, or has a cause
of action arising out of an occurrence that necessitated the payment of medical
assistance, the state agency or the state agency's agent shall be subrogated,
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to the
extent of the cost of medical care furnished, to any rights the person may have
under the terms of the coverage, or against the organization or entity
providing or liable to provide health or medical care, or under the cause of
action.
The right of subrogation created in this section
includes all portions of the cause of action, notwithstanding any settlement
allocation or apportionment that purports to dispose of portions of the cause
of action not subject to subrogation.
Sec. 57.
Minnesota Statutes 2008, section 256B.37, subdivision 5, is amended to
read:
Subd. 5. Private benefits to be used first. Private accident and health care coverage including
Medicare for medical services is primary coverage and must be exhausted before
medical assistance is or alternative care services are paid for
medical services including home health care, personal care assistant services,
hospice, supplies and equipment, or services covered under a Centers for
Medicare and Medicaid Services waiver.
When a person who is otherwise eligible for medical assistance has
private accident or health care coverage, including Medicare or a prepaid
health plan, the private health care benefits available to the person must be
used first and to the fullest extent.
Sec. 58.
Minnesota Statutes 2008, section 256B.434, subdivision 4, is amended to
read:
Subd. 4. Alternate rates for nursing facilities. (a) For nursing facilities which have their
payment rates determined under this section rather than section 256B.431, the
commissioner shall establish a rate under this subdivision. The nursing facility must enter into a
written contract with the commissioner.
(b) A nursing facility's case mix payment rate for the
first rate year of a facility's contract under this section is the payment rate
the facility would have received under section 256B.431.
(c) A nursing facility's case mix payment rates for the
second and subsequent years of a facility's contract under this section are the
previous rate year's contract payment rates plus an inflation adjustment and,
for facilities reimbursed under this section or section 256B.431, an adjustment
to include the cost of any increase in Health Department licensing fees for the
facility taking effect on or after July 1, 2001. The index for the inflation adjustment must
be based on the change in the Consumer Price Index-All Items (United States
City average) (CPI‑U) forecasted by the commissioner of finance's
national economic consultant, as forecasted in the fourth quarter of the
calendar year preceding the rate year.
The inflation adjustment must be based on the 12-month period from the
midpoint of the previous rate year to the midpoint of the rate year for which
the rate is being determined. For the
rate years beginning on July 1, 1999, July 1, 2000, July 1, 2001, July 1, 2002,
July 1, 2003, July 1, 2004, July 1, 2005, July 1, 2006, July 1, 2007, July 1,
2008, October 1, 2009, and October 1, 2010, October 1, 2011, and
October 1, 2012. This paragraph
shall apply only to the property-related payment rate, except that adjustments
to include the cost of any increase in Health Department licensing fees taking
effect on or after July 1, 2001, shall be provided. Beginning in 2005, adjustment to the property
payment rate under this section and section 256B.431 shall be effective on
October 1. In determining the amount of
the property-related payment rate adjustment under this paragraph, the commissioner
shall determine the proportion of the facility's rates that are
property-related based on the facility's most recent cost report.
(d) The commissioner shall develop additional
incentive-based payments of up to five percent above a facility's operating
payment rate for achieving outcomes specified in a contract. The commissioner may solicit contract
amendments and implement those which, on a competitive basis, best meet the
state's policy objectives. The
commissioner shall limit the amount of any incentive payment and the number of
contract amendments under this paragraph to operate the incentive payments
within funds appropriated for this purpose.
The contract amendments may specify various levels of payment for
various levels of performance. Incentive
payments to facilities under this paragraph may be in the form of time-limited
rate adjustments or onetime supplemental payments. In establishing the specified outcomes and
related criteria, the commissioner shall consider the following state policy
objectives:
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(1) successful diversion or discharge of residents to the
residents' prior home or other community-based alternatives;
(2) adoption of new technology to improve quality or
efficiency;
(3) improved quality as measured in the Nursing Home
Report Card;
(4) reduced acute care costs; and
(5) any additional outcomes proposed by a nursing
facility that the commissioner finds desirable.
(e) Notwithstanding the threshold in section 256B.431,
subdivision 16, facilities that take action to come into compliance with
existing or pending requirements of the life safety code provisions or federal
regulations governing sprinkler systems must receive reimbursement for the
costs associated with compliance if all of the following conditions are met:
(1) the expenses associated with compliance occurred on
or after January 1, 2005, and before December 31, 2008;
(2) the costs were not otherwise reimbursed under
subdivision 4f or section 144A.071 or 144A.073; and
(3) the total allowable costs reported under this
paragraph are less than the minimum threshold established under section
256B.431, subdivision 15, paragraph (e), and subdivision 16.
The commissioner shall use money appropriated for this purpose
to provide to qualifying nursing facilities a rate adjustment beginning October
1, 2007, and ending September 30, 2008.
Nursing facilities that have spent money or anticipate the need to spend
money to satisfy the most recent life safety code requirements by (1)
installing a sprinkler system or (2) replacing all or portions of an existing
sprinkler system may submit to the commissioner by June 30, 2007, on a form
provided by the commissioner the actual costs of a completed project or the
estimated costs, based on a project bid, of a planned project. The commissioner shall calculate a rate
adjustment equal to the allowable costs of the project divided by the resident
days reported for the report year ending September 30, 2006. If the costs from all projects exceed the
appropriation for this purpose, the commissioner shall allocate the money
appropriated on a pro rata basis to the qualifying facilities by reducing the
rate adjustment determined for each facility by an equal percentage. Facilities that used estimated costs when
requesting the rate adjustment shall report to the commissioner by January 31,
2009, on the use of this money on a form provided by the commissioner. If the nursing facility fails to provide the
report, the commissioner shall recoup the money paid to the facility for this
purpose. If the facility reports
expenditures allowable under this subdivision that are less than the amount
received in the facility's annualized rate adjustment, the commissioner shall
recoup the difference.
Sec. 59.
Minnesota Statutes 2008, section 256B.434, is amended by adding a
subdivision to read:
Subd. 21.
Payment of post-PERA pension
benefit costs. Nursing
facilities that convert or converted after September 30, 2006, from public to
private ownership shall have a portion of their post-PERA pension costs treated
as a component of the historic operating rate.
Effective for the rate years beginning on or after October 1, 2009, and
prior to October 1, 2016, the commissioner shall determine the pension costs to
be included in the facility's base for determining rates under this section by
using the following formula:
post-privatization pension benefit costs as a percent of salary shall be
determined from either the cost report for the first full reporting year after
privatization or the most recent report year available, whichever is
later. This percentage shall be applied
to the salary costs of the alternative payment system base rate year to
determine the allowable amount of pension costs. The adjustments provided for in sections
256B.431, 256B.434, 256B.441, and any other law enacted after the base rate year
and prior to the year for which rates are being determined shall be applied to
the allowable amount. The adjusted
allowable amount shall be added to the operating rate effective the first rate
year PERA ceases to remain as a pass-through component of the rate.
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Sec.
60. Minnesota Statutes 2008, section
256B.437, subdivision 6, is amended to read:
Subd.
6. Planned
closure rate adjustment. (a) The
commissioner of human services shall calculate the amount of the planned
closure rate adjustment available under subdivision 3, paragraph (b), for up to
5,140 beds according to clauses (1) to (4):
(1) the
amount available is the net reduction of nursing facility beds multiplied by
$2,080;
(2) the
total number of beds in the nursing facility or facilities receiving the
planned closure rate adjustment must be identified;
(3)
capacity days are determined by multiplying the number determined under clause
(2) by 365; and
(4) the
planned closure rate adjustment is the amount available in clause (1), divided
by capacity days determined under clause (3).
(b) A
planned closure rate adjustment under this section is effective on the first
day of the month following completion of closure of the facility designated for
closure in the application and becomes part of the nursing facility's total
operating payment rate.
(c)
Applicants may use the planned closure rate adjustment to allow for a property
payment for a new nursing facility or an addition to an existing nursing
facility or as an operating payment rate adjustment. Applications approved under this subdivision
are exempt from other requirements for moratorium exceptions under section
144A.073, subdivisions 2 and 3.
(d) Upon
the request of a closing facility, the commissioner must allow the facility a
closure rate adjustment as provided under section 144A.161, subdivision 10.
(e) A
facility that has received a planned closure rate adjustment may reassign it to
another facility that is under the same ownership at any time within three
years of its effective date. The amount
of the adjustment shall be computed according to paragraph (a).
(f) If
the per bed dollar amount specified in paragraph (a), clause (1), is increased,
the commissioner shall recalculate planned closure rate adjustments for
facilities that delicense beds under this section on or after
July 1, 2001, to reflect the increase in the per bed dollar amount. The recalculated planned closure rate
adjustment shall be effective from the date the per bed dollar amount is
increased.
(g)
For planned closures approved after June 30, 2009, the commissioner of human
services shall calculate the amount of the planned closure rate adjustment
available under subdivision 3, paragraph (b), according to paragraph (a),
clauses (1) to (4).
Sec.
61. Minnesota Statutes 2008, section
256B.441, subdivision 55, is amended to read:
Subd.
55. Phase-in
of rebased operating payment rates.
(a) For the rate years beginning October 1, 2008, to October 1, 2015,
the operating payment rate calculated under this section shall be phased in by
blending the operating rate with the operating payment rate determined under
section 256B.434. For purposes of this
subdivision, the rate to be used that is determined under section 256B.434
shall not include the portion of the operating payment rate related to
performance-based incentive payments under section 256B.434, subdivision 4,
paragraph (d). For the rate year
beginning October 1, 2008, the operating payment rate for each facility shall
be 13 percent of the operating payment rate from this section, and 87 percent
of the operating payment rate from section 256B.434. For the rate year period beginning
October 1, 2009, through September 30, 2013, the operating payment
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rate for
each facility shall be 14 percent of the operating payment rate from this
section, and 86 percent of the operating payment rate from section
256B.434. For the rate year beginning
October 1, 2010, the operating payment rate for each facility shall be 14
percent of the operating payment rate from this section, and 86 percent of the
operating payment rate from section 256B.434.
For the rate year beginning October 1, 2011, the operating payment rate
for each facility shall be 31 percent of the operating payment rate from this
section, and 69 percent of the operating payment rate from section
256B.434. For the rate year beginning
October 1, 2012, the operating payment rate for each facility shall be 48
percent of the operating payment rate from this section, and 52 percent of the
operating payment rate from section 256B.434.
For the rate year beginning October 1, 2013, the operating payment
rate for each facility shall be 65 percent of the operating payment rate from
this section, and 35 percent of the operating payment rate from section
256B.434. For the rate year beginning
October 1, 2014, the operating payment rate for each facility shall be 82
percent of the operating payment rate from this section, and 18 percent of the
operating payment rate from section 256B.434.
For the rate year beginning October 1, 2015, the operating payment rate
for each facility shall be the operating payment rate determined under this
section. The blending of operating
payment rates under this section shall be performed separately for each RUG's
class.
(b) For the rate year beginning October 1, 2008, the
commissioner shall apply limits to the operating payment rate increases under
paragraph (a) by creating a minimum percentage increase and a maximum
percentage increase.
(1) Each nursing facility that receives a blended
October 1, 2008, operating payment rate increase under paragraph (a) of less
than one percent, when compared to its operating payment rate on September 30,
2008, computed using rates with RUG's weight of 1.00, shall receive a rate
adjustment of one percent.
(2) The commissioner shall determine a maximum
percentage increase that will result in savings equal to the cost of allowing
the minimum increase in clause (1). Nursing
facilities with a blended October 1, 2008, operating payment rate increase
under paragraph (a) greater than the maximum percentage increase determined by
the commissioner, when compared to its operating payment rate on September 30,
2008, computed using rates with a RUG's weight of 1.00, shall receive the
maximum percentage increase.
(3) Nursing facilities with a blended October 1, 2008,
operating payment rate increase under paragraph (a) greater than one percent
and less than the maximum percentage increase determined by the commissioner,
when compared to its operating payment rate on September 30, 2008, computed
using rates with a RUG's weight of 1.00, shall receive the blended October 1,
2008, operating payment rate increase determined under paragraph (a).
(4) The October 1, 2009, through October 1, 2015,
operating payment rate for facilities receiving the maximum percentage increase
determined in clause (2) shall be the amount determined under paragraph (a)
less the difference between the amount determined under paragraph (a) for
October 1, 2008, and the amount allowed under clause (2). This rate restriction does not apply to rate
increases provided in any other section.
(c) A portion of the funds received under this
subdivision that are in excess of operating payment rates that a facility would
have received under section 256B.434, as determined in accordance with clauses
(1) to (3), shall be subject to the requirements in section 256B.434,
subdivision 19, paragraphs (b) to (h).
(1) Determine the amount of additional funding
available to a facility, which shall be equal to total medical assistance
resident days from the most recent reporting year times the difference between
the blended rate determined in paragraph (a) for the rate year being computed
and the blended rate for the prior year.
(2) Determine the portion of all operating costs, for
the most recent reporting year, that are compensation related. If this value exceeds 75 percent, use 75
percent.
(3) Subtract the amount determined in clause (2) from
75 percent.
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(4) The portion of the fund received under this
subdivision that shall be subject to the requirements in section 256B.434,
subdivision 19, paragraphs (b) to (h), shall equal the amount determined in
clause (1) times the amount determined in clause (3).
Sec. 62.
Minnesota Statutes 2008, section 256B.441, subdivision 58, is amended to
read:
Subd. 58. Implementation delay. Within six months prior to the effective date
of (1) rebasing of property payment rates under subdivision 1; (2)
quality-based rate limits under subdivision 50; and (3) the removal of planned
closure rate adjustments and single bed room incentives from external fixed
costs under subdivision 53, the commissioner shall compare the average
operating cost for all facilities combined from the most recent cost reports to
the average medical assistance operating payment rates for all facilities
combined from the same time period. Each
provision shall not go into effect until the average medical assistance operating
payment rate is at least 92 percent of the average operating cost. The rebasing of property payment rates
under subdivision 1, and the removal of planned closure rate adjustments and
single-bed room incentives from external fixed costs under subdivision 53 shall
not go into effect until 82 percent of the operating payment rate from this
section is phased in as described in subdivision 55.
Sec. 63.
Minnesota Statutes 2008, section 256B.441, is amended by adding a
subdivision to read:
Subd. 59.
Single-bed payments for
medical assistance recipients. Effective
October 1, 2009, the amount paid for a private room under Minnesota Rules, part
9549.0070, subpart 3, is reduced from 115 percent to 111.5 percent.
Sec. 64.
Minnesota Statutes 2008, section 256B.49, is amended by adding a
subdivision to read:
Subd. 11a.
Waivered services waiting
list. (a) The commissioner
shall establish statewide priorities for individuals on the waiting list for
CAC, CADI, and TBI waiver services, as of January 1, 2010. The statewide priorities must include, but
are not limited to, individuals who continue to have a need for waiver services
after they have maximized the use of state plan services and other funding
resources, including natural supports, prior to accessing waiver services, and
who meet at least one of the following criteria:
(1) have unstable living situations
due to the age, incapacity, or sudden loss of the primary caregivers;
(2) are moving from an institution
due to bed closures;
(3) experience a sudden closure of
their current living arrangement;
(4) require protection from confirmed
abuse, neglect, or exploitation;
(5) experience a sudden change in
need that can no longer be met through state plan services or other funding
resources alone; or
(6) meet other priorities established
by the department.
(b) When allocating resources to lead
agencies, the commissioner must take into consideration the number of
individuals waiting who meet statewide priorities and the lead agencies'
current use of waiver funds and existing service options.
(c) The commissioner shall evaluate
the impact of the use of statewide priorities and provide recommendations to
the legislature on whether to continue the use of statewide priorities in the
November 1, 2011, annual report required by the commissioner in sections
256B.0916, subdivision 7, and 256B.49, subdivision 21.
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Sec. 65.
Minnesota Statutes 2008, section 256B.49, subdivision 12, is amended to
read:
Subd. 12. Informed choice. Persons who are determined likely to require
the level of care provided in a nursing facility as determined under
sections 144.0724, subdivision 11, and 256B.0911, or hospital shall be
informed of the home and community-based support alternatives to the provision
of inpatient hospital services or nursing facility services. Each person must be given the choice of
either institutional or home and community-based services using the provisions
described in section 256B.77, subdivision 2, paragraph (p).
EFFECTIVE DATE.
This section is effective January 1, 2011.
Sec. 66.
Minnesota Statutes 2008, section 256B.49, subdivision 13, is amended to
read:
Subd. 13. Case management. (a) Each recipient of a home and
community-based waiver shall be provided case management services by qualified
vendors as described in the federally approved waiver application. The case management service activities provided
will include:
(1) assessing the needs of the individual within 20
working days of a recipient's request;
(2) developing the written individual service plan
within ten working days after the assessment is completed;
(3) informing the recipient or the recipient's legal
guardian or conservator of service options;
(4) assisting the recipient in the identification of
potential service providers;
(5) assisting the recipient to access services;
(6) coordinating, evaluating, and monitoring of the
services identified in the service plan;
(7) completing the annual reviews of the service plan;
and
(8) informing the recipient or legal representative of
the right to have assessments completed and service plans developed within
specified time periods, and to appeal county action or inaction under section
256.045, subdivision 3, including the determination of nursing facility
level of care.
(b) The case manager may delegate certain aspects of
the case management service activities to another individual provided there is
oversight by the case manager. The case
manager may not delegate those aspects which require professional judgment
including assessments, reassessments, and care plan development.
EFFECTIVE DATE.
This section is effective January 1, 2011.
Sec. 67.
Minnesota Statutes 2008, section 256B.49, subdivision 14, is amended to
read:
Subd. 14. Assessment and reassessment. (a) Assessments of each recipient's
strengths, informal support systems, and need for services shall be completed
within 20 working days of the recipient's request. Reassessment of each recipient's strengths,
support systems, and need for services shall be conducted at least every 12
months and at other times when there has been a significant change in the
recipient's functioning.
(b) There must be a determination that the client
requires a hospital level of care or a nursing facility level of care as
defined in section 144.0724, subdivision 11, at initial and subsequent
assessments to initiate and maintain participation in the waiver program.
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(c) Regardless of other assessments identified
in section 144.0724, subdivision 4, as appropriate to determine nursing
facility level of care for purposes of medical assistance payment for nursing
facility services, only face-to-face assessments conducted according to section
256B.0911, subdivisions 3a, 3b, and 4d, that result in a hospital level of care
determination or a nursing facility level of care determination must be
accepted for purposes of initial and ongoing access to waiver services payment.
(d) Persons with developmental disabilities who apply for
services under the nursing facility level waiver programs shall be screened for
the appropriate level of care according to section 256B.092.
(c) (e) Recipients who are found eligible for home
and community-based services under this section before their 65th birthday may
remain eligible for these services after their 65th birthday if they continue
to meet all other eligibility factors.
EFFECTIVE DATE.
The section is effective January 1, 2011.
Sec. 68.
Minnesota Statutes 2008, section 256B.49, is amended by adding a
subdivision to read:
Subd. 22.
Residential support services. For the purposes of this section, the
provisions of section 256B.092, subdivision 11, are controlling.
Sec. 69. [256B.4912] HOME AND COMMUNITY-BASED WAIVERS;
PROVIDERS AND PAYMENT.
Subdivision 1.
Provider qualifications. For the home and community-based waivers
providing services to seniors and individuals with disabilities, the
commissioner shall establish:
(1) agreements with enrolled waiver service
providers to ensure providers meet qualifications defined in the waiver plans;
(2) regular reviews of provider
qualifications; and
(3) processes to gather the necessary
information to determine provider qualifications.
By July 2010, staff that provide direct contact, as defined in
section 245C.02, subdivision 11, that are employees of waiver service providers
must meet the requirements of chapter 245C prior to providing waiver services
and as part of ongoing enrollment. Upon
federal approval, this requirement must also apply to consumer-directed
community supports.
Subd. 2.
Rate-setting methodologies. The commissioner shall establish statewide
rate-setting methodologies that meet federal waiver requirements for home and
community-based waiver services for individuals with disabilities. The rate-setting methodologies must abide by
the principles of transparency and equitability across the state. The methodologies must involve a uniform
process of structuring rates for each service and must promote quality and
participant choice.
Sec. 70.
Minnesota Statutes 2008, section 256B.5011, subdivision 2, is amended to
read:
Subd. 2. Contract provisions. (a) The service contract with each
intermediate care facility must include provisions for:
(1) modifying payments when significant changes occur
in the needs of the consumers;
(2) the establishment and use of a quality
improvement plan. Using criteria and
options for performance measures developed by the commissioner, each
intermediate care facility must identify a minimum of one performance measure
on which to focus its efforts for quality improvement during the contract
period;
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(3) appropriate and necessary statistical information
required by the commissioner;
(4) (3) annual
aggregate facility financial information; and
(5) (4)
additional requirements for intermediate care facilities not meeting the
standards set forth in the service contract.
(b) The
commissioner of human services and the commissioner of health, in consultation
with representatives from counties, advocacy organizations, and the provider
community, shall review the consolidated standards under chapter 245B and the
supervised living facility rule under Minnesota Rules, chapter 4665, to
determine what provisions in Minnesota Rules, chapter 4665, may be waived by
the commissioner of health for intermediate care facilities in order to enable
facilities to implement the performance measures in their contract and provide
quality services to residents without a duplication of or increase in
regulatory requirements.
Sec.
71. Minnesota Statutes 2008, section
256B.5012, is amended by adding a subdivision to read:
Subd.
8.
ICF/MR rate decreases
effective July 1, 2009. Effective
July 1, 2009, the commissioner shall decrease each facility reimbursed under
this section operating payment adjustments equal to 2.58 percent of the
operating payment rates in effect on June 30, 2009. For each facility, the commissioner shall
implement the rate reduction, based on occupied beds, using the percentage
specified in this subdivision multiplied by the total payment rate, including
the variable rate but excluding the property-related payment rate, in effect on
the preceding date. The total rate
reduction shall include the adjustment provided in section 256B.502,
subdivision 7.
Sec.
72. Minnesota Statutes 2008, section
256B.69, subdivision 5a, is amended to read:
Subd.
5a. Managed
care contracts. (a) Managed care
contracts under this section and sections 256L.12 and 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. The commissioner
may issue separate contracts with requirements specific to services to medical
assistance recipients age 65 and older.
(b) A
prepaid health plan providing covered health services for eligible persons
pursuant to chapters 256B, 256D, and 256L, is responsible for complying with
the terms of its contract with the commissioner. Requirements applicable to managed care
programs under chapters 256B, 256D, and 256L, established after the effective
date of a contract with the commissioner take effect when the contract is next
issued or renewed.
(c)
Effective for services rendered on or after January 1, 2003, the commissioner
shall withhold five percent of managed care plan payments under this section
for the prepaid medical assistance and general assistance medical care programs
pending completion of performance targets.
Each performance target must be quantifiable, objective, measurable, and
reasonably attainable, except in the case of a performance target based on a
federal or state law or rule. Criteria
for assessment of each performance target must be outlined in writing prior to
the contract effective date. The managed
care plan must demonstrate, to the commissioner's satisfaction, that the data
submitted regarding attainment of the performance target is accurate. The commissioner shall periodically change
the administrative measures used as performance targets in order to improve
plan performance across a broader range of administrative services. The performance targets must include
measurement of plan efforts to contain spending on health care services and
administrative activities. The
commissioner may adopt plan-specific performance targets that take into account
factors affecting only one plan, including characteristics of the plan's
enrollee population. The withheld funds
must be returned no sooner than July of the following year if performance
targets in the contract are achieved.
The commissioner may exclude special demonstration projects under
subdivision 23. A managed care plan or a
county-based purchasing plan under section 256B.692 may include as admitted
assets under section 62D.044 any amount withheld under this paragraph that is
reasonably expected to be returned.
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(d)(1) Effective for services rendered on or after
January 1, 2009, the commissioner shall withhold three percent of managed care
plan payments under this section for the prepaid medical assistance and general
assistance medical care programs. The
withheld funds must be returned no sooner than July 1 and no later than July 31
of the following year. The commissioner
may exclude special demonstration projects under subdivision 23.
(2) A managed care plan or a county-based purchasing
plan under section 256B.692 may include as admitted assets under section
62D.044 any amount withheld under this paragraph. The return of the withhold under this paragraph
is not subject to the requirements of paragraph (c).
(e) Effective for services provided on
or after January 1, 2010, the commissioner shall require that managed care
plans use the assessment and authorization processes, forms, timelines,
standards, documentation, and data reporting requirements, protocols, billing
processes, and policies consistent with medical assistance fee-for-service or
the Department of Human Services contract requirements consistent with medical
assistance fee-for-service or the Department of Human Services contract
requirements for all personal care assistance services under section 256B.0659.
Sec. 73.
Minnesota Statutes 2008, section 256D.44, subdivision 5, is amended to
read:
Subd. 5. Special needs. 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 if the cost of those additional dietary needs cannot
be met through some other maintenance benefit.
The need for special diets or dietary items must be prescribed by a licensed
physician. Costs for special diets shall
be determined as percentages of the allotment for a one-person household under
the thrifty food plan as defined by the United States Department of
Agriculture. The types of diets and the
percentages of the thrifty food plan that are covered are as follows:
(1) high protein diet, at least 80 grams daily, 25
percent of thrifty food plan;
(2) controlled protein diet, 40 to 60 grams and
requires special products, 100 percent of thrifty food plan;
(3) controlled protein diet, less than 40 grams and
requires special products, 125 percent of thrifty food plan;
(4) low cholesterol diet, 25 percent of thrifty food
plan;
(5) high residue diet, 20 percent of thrifty food plan;
(6) pregnancy and lactation diet, 35 percent of thrifty
food plan;
(7) gluten-free diet, 25 percent of thrifty food plan;
(8) lactose-free diet, 25 percent of thrifty food plan;
(9) antidumping diet, 15 percent of thrifty food plan;
(10) hypoglycemic diet, 15 percent of thrifty food
plan; or
(11) ketogenic diet, 25 percent of thrifty food plan.
(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 in effect on July 16, 1996, for these expenses, as long as other
funding sources are not available.
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(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 recipient's 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.
(f)(1) Notwithstanding the language in this
subdivision, an amount equal to the maximum allotment authorized by the federal
Food Stamp Program for a single individual which is in effect on the first day
of July of each year will be added to the standards of assistance established
in subdivisions 1 to 4 for adults under the age of 65 who qualify as shelter
needy and are: (i) relocating from an institution, or an adult mental health
residential treatment program under section 256B.0622; (ii) eligible for the
self-directed supports option as defined under section 256B.0657, subdivision
2; or (iii) home and community-based waiver recipients living in their own home
or rented or leased apartment which is not owned, operated, or controlled by a
provider of service not related by blood or marriage.
(2) Notwithstanding subdivision 3, paragraph (c), an
individual eligible for the shelter needy benefit under this paragraph is
considered a household of one. An
eligible individual who receives this benefit prior to age 65 may continue to
receive the benefit after the age of 65.
(3) "Shelter needy" means that the
assistance unit incurs monthly shelter costs that exceed 40 percent of the
assistance unit's gross income before the application of this special needs
standard. "Gross income" for the purposes of this section is the
applicant's or recipient's income as defined in section 256D.35, subdivision
10, or the standard specified in subdivision 3, paragraph (a) or (b), whichever
is greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross
income, shall not be considered shelter needy for purposes of this paragraph.
(g) Notwithstanding this subdivision,
recipients of home and community-based services may relocate to services
without 24-hour supervision and receive the equivalent of the recipient's group
residential housing allocation in Minnesota supplemental assistance shelter
needy funding if the cost of the services and housing is equal to or less than
provided to the recipient in home and community-based services and the
relocation is the recipient's choice and is approved by the recipient or
guardian.
(h) To access housing and services as
provided in paragraph (g), the recipient may choose housing that may or may not
be owned, operated, or controlled by the recipient's service provider.
(i) The provisions in paragraphs (g)
and (h) are effective to June 30, 2011.
The commissioner shall assess the development of publicly owned housing,
other housing alternatives, and whether a public equity housing fund may be
established that would maintain the state's interest, to the extent paid from
group residential housing and Minnesota supplemental aid shelter needy funds in
provider-owned housing so that when sold, the state would recover its share for
a public equity fund to be used for future public needs under this
chapter. The commissioner shall report
findings and recommendations to the legislative committees and budget divisions
with jurisdiction over health and human services policy and financing by January
15, 2012.
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(j)
In selecting prospective services needed by recipients for whom home and
community-based services have been authorized, the recipient and the
recipient's guardian shall first consider alternatives to home and
community-based services. Minnesota
supplemental aid shelter needy funding for recipients who utilize Minnesota
supplemental aid shelter needy funding as provided in this section shall remain
permanent unless the recipient with the recipient's guardian later chooses to
access home and community-based services.
Sec.
74. Minnesota Statutes 2008, section
626.556, subdivision 3c, is amended to read:
Subd.
3c. Local
welfare agency, Department of Human Services or Department of Health
responsible for assessing or investigating reports of maltreatment. (a) The county local welfare agency is the
agency responsible for assessing or investigating allegations of maltreatment
in child foster care, family child care, and legally unlicensed child
care and in, juvenile correctional facilities licensed under
section 241.021 located in the local welfare agency's county, and unlicensed
personal care assistance provider organizations providing services and
receiving reimbursements under chapter 256B.
(b) The
Department of Human Services is the agency responsible for assessing or investigating
allegations of maltreatment in facilities licensed under chapters 245A and
245B, except for child foster care and family child care.
(c) The
Department of Health is the agency responsible for assessing or investigating
allegations of child maltreatment in facilities licensed under sections 144.50
to 144.58, and in unlicensed home health care and 144A.46.
(d) The
commissioners of human services, public safety, and education must jointly
submit a written report by January 15, 2007, to the education policy and
finance committees of the legislature recommending the most efficient and
effective allocation of agency responsibility for assessing or investigating
reports of maltreatment and must specifically address allegations of
maltreatment that currently are not the responsibility of a designated agency.
Sec.
75. Minnesota Statutes 2008, section
626.5572, subdivision 13, is amended to read:
Subd.
13. Lead
agency. "Lead agency" is
the primary administrative agency responsible for investigating reports made
under section 626.557.
(a) The
Department of Health is the lead agency for the facilities which are licensed
or are required to be licensed as hospitals, home care providers, nursing
homes, residential care homes, or boarding care homes.
(b) The
Department of Human Services is the lead agency for the programs licensed or
required to be licensed as adult day care, adult foster care, programs for
people with developmental disabilities, mental health programs, or chemical
health programs, or personal care provider organizations.
(c) The
county social service agency or its designee is the lead agency for all other
reports, including reports involving vulnerable adults receiving services
from an unlicensed personal care provider organization under section 256B.0659.
Sec.
76. DEVELOPMENT
OF ALTERNATIVE SERVICES.
The
commissioner of human services, in consultation with advocates, consumers, and
legislators, shall develop alternative services to personal care assistance
services for persons with mental health and other behavioral challenges who can
benefit from other services that more appropriately meet their needs and assist
them in living independently in the community.
In the development of these services, the commissioner shall:
(1)
take into consideration ways in which these alternative services will qualify
for federal financial participation; and
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(2) analyze a variety of alternatives,
including but not limited to a 1915(i) state plan option.
The commissioner shall report to the
legislature by January 15, 2011, with plans for implementation of these services
by July 1, 2011.
Sec. 77. 30-DAY NOTICE REQUIRED.
Notwithstanding any contrary provision
in law, persons impacted by amendments in this article to Minnesota Statutes,
sections 256B.0625, subdivision 19c; 256B.0655, subdivision 4; 256B.0659; and
256B.0911, subdivision 1, must be given a 30-day notice of action by the
commissioner. This section expires July
1, 2011.
Sec. 78. COLA COMPENSATION REQUIREMENTS.
Effective July 1, 2009, providers who
received rate increases under Laws 2007, chapter 147, article 7, section 71, as
amended by Laws 2008, chapter 363, article 15, section 17, and Minnesota
Statutes, section 256B.5012, subdivision 7, for state fiscal years 2008 and
2009 are no longer required to continue or retain employee compensation or
wage-related increases required by those sections. This paragraph shall not apply to employees
covered by a collective bargaining agreement.
Sec. 79. PROVIDER RATE AND GRANT REDUCTIONS.
(a) The commissioner of human services
shall decrease grants, allocations, reimbursement rates, or rate limits, as
applicable, by 2.58 percent effective July 1, 2009, for services rendered on or
after that date. County or tribal
contracts for services specified in this section must be amended to pass
through these rate reductions within 60 days of the effective date of the
decrease and must be retroactive from the effective date of the rate decrease.
(b) The annual rate decreases
described in this section must be provided to:
(1) home and community-based waivered
services for persons with developmental disabilities or related conditions,
including consumer-directed community supports, under Minnesota Statutes,
section 256B.501;
(2) home and community-based waivered
services for the elderly, including consumer-directed community supports, under
Minnesota Statutes, section 256B.0915;
(3) waivered services under community
alternatives for disabled individuals, including consumer-directed community
supports, under Minnesota Statutes, section 256B.49;
(4) community alternative care
waivered services, including consumer-directed community supports, under
Minnesota Statutes, section 256B.49;
(5) traumatic brain injury waivered
services, including consumer-directed community supports, under Minnesota Statutes,
section 256B.49;
(6) nursing services and home health
services under Minnesota Statutes, section 256B.0625, subdivision 6a;
(7) personal care services and
qualified professional supervision of personal care services under Minnesota
Statutes, section 256B.0625, subdivisions 6a and 19a;
(8) private duty nursing services
under Minnesota Statutes, section 256B.0625, subdivision 7;
(9) day training and habilitation
services for adults with developmental disabilities or related conditions under
Minnesota Statutes, sections 252.40 to 252.46, including the additional cost of
rate adjustments on day training and habilitation services, provided as a
social service under Minnesota Statutes, section 256M.60;
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(10) alternative care services under
Minnesota Statutes, section 256B.0913;
(11) the group residential housing
supplementary service rate under Minnesota Statutes, section 256I.05,
subdivision 1a;
(12) semi-independent living services
(SILS) under Minnesota Statutes, section 252.275, including SILS funding under
county social services grants formerly funded under Minnesota Statutes, chapter
256I;
(13) community support services for
deaf and hard-of-hearing adults with mental illness who use or wish to use sign
language as their primary means of communication under Minnesota Statutes,
section 256.01, subdivision 2; and deaf and hard-of-hearing grants under
Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9; and
Laws 1997, First Special Session chapter 5, section 20;
(14) physical therapy services under
Minnesota Statutes, sections 256B.0625, subdivision 8, and 256D.03, subdivision
4;
(15) occupational therapy services
under Minnesota Statutes, sections 256B.0625, subdivision 8a, and 256D.03,
subdivision 4;
(16) speech-language therapy services
under Minnesota Statutes, section 256D.03, subdivision 4, and Minnesota Rules,
part 9505.0390;
(17) respiratory therapy services
under Minnesota Statutes, section 256D.03, subdivision 4, and Minnesota Rules,
part 9505.0295;
(18) consumer support grants under
Minnesota Statutes, section 256.476;
(19) family support grants under
Minnesota Statutes, section 252.32;
(20) aging grants under Minnesota
Statutes, sections 256.975 to 256.977, 256B.0917, and 256B.0928;
(21) disability linkage line grants
under Minnesota Statutes, section 256.01, subdivision 24; and
(22) housing access grants under
Minnesota Statutes, section 256B.0658.
(c) A managed care plan receiving
state payments for the services in this section must include these decreases in
their payments to providers effective on October 1 following the effective date
of the rate decrease.
Sec. 80. RECOMMENDATIONS FOR PERSONAL CARE
ASSISTANCE SERVICES CHANGES, CONSULTATION WITH STAKEHOLDERS, AND DATA
REPORTING.
The commissioner shall:
(1) consult with existing stakeholder
groups convened under the commissioner's authority, including the home and
community-based expert services panel beginning in August 2009 on
implementation of the changes in the personal care assistance program,
assistance for recipients whose services and housing must change, alternative
services for those whose personal care assistance services are terminated or
reduced, costs for those whose services will change, data on the effects of the
changes in the personal care assistance program for recipients, and ongoing
data on personal care assistance services for public reporting; and
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(2) report data on the training
developed and delivered for all types of participants in the personal care assistance
program, audit and financial integrity measures and results, information
developed for consumers and responsible parties, available demographic, health
care service use, and housing information about individuals who no longer
qualify for personal care assistance, and quality assurance measures and
results to the legislative committees with jurisdiction over health and human
services policy and finance by January 15, 2010, and January 15, 2011.
Sec. 81. ESTABLISHING A SINGLE SET OF STANDARDS.
(a) The commissioner of human services
shall consult with disability service providers, advocates, counties, and
consumer families to develop a single set of standards governing services for
people with disabilities receiving services under the home and community-based
waiver services program to replace all or portions of existing laws and rules
including, but not limited to, data practices, licensure of facilities and
providers, background studies, reporting of maltreatment of minors, reporting
of maltreatment of vulnerable adults, and the psychotropic medication
checklist. The standards must:
(1) enable optimum consumer choice;
(2) be consumer driven;
(3) link services to individual needs
and life goals;
(4) be based on quality assurance and
individual outcomes;
(5) utilize the people closest to the
recipient, who may include family, friends, and health and service providers,
in conjunction with the recipient's risk management plan to assist the
recipient or the recipient's guardian in making decisions that meet the
recipient's needs in a cost-effective manner and assure the recipient's health
and safety;
(6) utilize person-centered planning;
and
(7) maximize federal financial
participation.
(b) The commissioner may consult with existing
stakeholder groups convened under the commissioner's authority, including the
home and community-based expert services panel established by the commissioner
in 2008, to meet all or some of the requirements of this section.
(c) The commissioner shall provide the
reports and plans required by this section to the legislative committees and
budget divisions with jurisdiction over health and human services policy and
finance by January 15, 2012.
Sec. 82. COMMON SERVICE MENU FOR HOME AND
COMMUNITY-BASED WAIVER PROGRAMS.
The commissioner of human services
shall confer with representatives of recipients, advocacy groups, counties,
providers, and health plans to develop and update a common service menu for
home and community-based waiver programs.
The commissioner may consult with existing stakeholder groups convened
under the commissioner's authority to meet all or some of the requirements of
this section.
Sec. 83. INTERMEDIATE CARE FACILITIES FOR PERSONS
WITH DEVELOPMENTAL DISABILITIES REPORT.
The commissioner of human services
shall consult with providers and advocates of intermediate care facilities for
persons with developmental disabilities to monitor progress made in response to
the commissioner's December 15, 2008, report to the legislature regarding
intermediate care facilities for persons with developmental disabilities.
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Sec. 84. HOUSING OPTIONS.
The commissioner of human services,
in consultation with the commissioner of administration and the Minnesota
Housing Finance Agency, and representatives of counties, residents' advocacy
groups, consumers of housing services, and provider agencies shall explore ways
to maximize the availability and affordability of housing choices available to
persons with disabilities or who need care assistance due to other health
challenges. A goal shall also be to
minimize state physical plant costs in order to serve more persons with
appropriate program and care support.
Consideration shall be given to:
(1) improved access to rent
subsidies;
(2) use of cooperatives, land trusts,
and other limited equity ownership models;
(3) whether a public equity housing fund
should be established that would maintain the state's interest, to the extent
paid from state funds, including group residential housing and Minnesota
supplemental aid shelter-needy funds in provider-owned housing, so that when
sold, the state would recover its share for a public equity fund to be used for
future public needs under this chapter;
(4) the desirability of the state
acquiring an ownership interest or promoting the use of publicly owned housing;
(5) promoting more choices in the
market for accessible housing that meets the needs of persons with physical
challenges; and
(6) what consumer ownership models,
if any, are appropriate.
The commissioner shall provide a
written report on the findings of the evaluation of housing options to the chairs
and ranking minority members of the house of representatives and senate
standing committees with jurisdiction over health and human services policy and
funding by December 15, 2010. This
report shall replace the November 1, 2010, annual report by the
commissioner required in Minnesota Statutes, sections 256B.0916, subdivision 7,
and 256B.49, subdivision 21.
Sec. 85. REVISOR'S INSTRUCTION.
Subdivision 1.
Renumbering of Minnesota Statutes,
section 256B.0652, authorization and review of home care services. (a) The revisor of statutes shall renumber
each section of Minnesota Statutes listed in column A with the number in column
B.
Column
A Column
B
256B.0652, subdivision 3 256B.0652,
subdivision 14
256B.0651, subdivision 6, paragraph (a) 256B.0652,
subdivision 3
256B.0651, subdivision 6, paragraph (b) 256B.0652,
subdivision 4
256B.0651, subdivision 6, paragraph (c) 256B.0652,
subdivision 7
256B.0651, subdivision 7, paragraph (a) 256B.0652,
subdivision 8
256B.0651, subdivision 7, paragraph (b) 256B.0652,
subdivision 14
256B.0651, subdivision 8 256B.0652,
subdivision 9
256B.0651, subdivision 9 256B.0652,
subdivision 10
256B.0651, subdivision 11 256B.0652,
subdivision 11
256B.0654, subdivision 2 256B.0652,
subdivision 5
256B.0655, subdivision 4 256B.0652,
subdivision 6
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(b) The revisor of statutes shall make necessary
cross-reference changes in statutes and rules consistent with the renumbering
in paragraph (a). The Department of
Human Services shall assist the revisor with any cross-reference changes. The revisor may make changes necessary to
correct the punctuation, grammar, or structure of the remaining text to conform
with the intent of the renumbering in paragraph (a).
Subd. 2. Renumbering personal care assistance services. The revisor of statutes shall replace any
reference to Minnesota Statutes, section 256B.0655 with section 256B.0659,
wherever it appears in statutes or rules.
The revisor shall correct any cross reference changes that are necessary
as a result of this section. The
Department of Human Services shall assist the revisor in making these changes,
and if necessary, shall draft a corrections bill with changes for introduction
in the 2010 legislative session. The
revisor may make changes to punctuation, grammar, or sentence structure to
preserve the integrity of statutes and effectuate the intention of this
section.
Sec. 86. REPEALER.
(a) Minnesota Statutes 2008, sections 256B.0655, subdivisions
1, 1a, 1c, 1d, 1e, 1h, 1i, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13; and 256B.071,
subdivisions 1, 2, 3, and 4, are repealed.
(b) Minnesota Statutes 2008, sections 256B.19, subdivision
1d; and 256B.431, subdivision 23, are repealed effective May 1, 2009.
(c) Minnesota Statutes 2008, section 256B.0655, subdivisions
1f, 1g, and 2, are repealed effective January 1, 2010.
ARTICLE 9
STATE-COUNTY RESULTS, ACCOUNTABILITY, AND SERVICE DELIVERY
REFORM ACT
Section 1. [402A.01] CITATION.
Sections 402A.01 to 402A.50 may be cited as the
"State-County Results, Accountability, and Service Delivery Reform
Act."
Sec. 2. [402A.10] DEFINITIONS.
Subdivision 1. Terms defined. For
the purposes of this chapter, the terms defined in this section have the
meanings given.
Subd. 2. Commissioner. "Commissioner"
means the commissioner of human services.
Subd. 3. Council. "Council"
means the State-County Results, Accountability, and Service Delivery Redesign
Council established in section 402A.20.
Subd. 4. Essential human services or essential services. "Essential human services" or
"essential services" means assistance and services to recipients or
potential recipients of public welfare and other services delivered by counties
that are mandated in federal and state law that are to be available in all
counties of the state.
Subd. 5. Service delivery authority.
"Service delivery authority" means a single county, or
group of counties operating by execution of a joint powers agreement under
section 471.59 or other contractual agreement, that has voluntarily chosen by
resolution of the county board of commissioners to participate in the redesign
under this chapter.
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Subd. 6. Steering committee. "Steering committee" means the
Steering Committee on Performance and Outcome Reforms.
EFFECTIVE DATE. This section is effective
the day following final enactment.
Sec. 3. [402A.15]
STEERING COMMITTEE ON PERFORMANCE AND OUTCOME REFORMS.
Subdivision 1. Duties. (a) The Steering Committee on Performance
and Outcome Reforms shall develop a uniform process to establish and review
performance and outcome standards for all essential human services based on the
current level of resources available, and to develop appropriate reporting
measures and a uniform accountability process for responding to a county's or
human service authority's failure to make adequate progress on achieving
performance measures. The accountability
process shall focus on the performance measures rather than inflexible
implementation requirements.
(b) The steering
committee shall:
(1) by November 1,
2009, establish an agreed upon list of essential services;
(2) by February
15, 2010, develop and recommend to the legislature a uniform, graduated
process, in addition to the remedies identified in section 402A.18, for
responding to a county's failure to make adequate progress on achieving
performance measures; and
(3) by December
15, 2012, for each essential service make recommendations to the legislature regarding
(1) performance measures and goals based on those measures for each essential
service, (2) a system for reporting on the performance measures and goals, and
(3) appropriate resources, including funding, needed to achieve those
performance measures and goals. The
resource recommendations shall take into consideration program demand and the
unique differences of local areas in geography and the populations served. Priority shall be given to services with the
greatest variation in availability and greatest administrative demands. By January 15 of each year starting January
15, 2011, the steering committee shall report its recommendations to the
governor and legislative committees with jurisdiction over health and human
services. As part of its report, the
steering committee shall, as appropriate, recommend statutory provisions, rules
and requirements, and reports that should be repealed or eliminated.
(c) As far as
possible, the performance measures, reporting system, and funding shall be
consistent across program areas. The
development of performance measures shall consider the manner in which data
will be collected and performance will be reported. The steering committee shall consider state
and local administrative costs related to collecting data and reporting
outcomes when developing performance measures.
The steering committee shall correlate the performance measures and
goals to available levels of resources, including state and local funding. The steering committee shall take into consideration
that the goal of implementing changes to program monitoring and reporting the
progress toward achieving outcomes is to significantly minimize the cost of
administrative requirements and to allow funds freed by reduced administrative
expenditures to be used to provide additional services, allow flexibility in
service design and management, and focus energies on achieving program and
client outcomes.
(d) In making its
recommendations, the steering committee shall consider input from the council
established in section 402A.20. The
steering committee shall review the measurable goals established in a
memorandum of understanding entered into under section 402A.30, subdivision 2,
paragraph (b), and consider whether they may be applied as statewide performance
outcomes.
(e) The steering
committee shall form work groups that include persons who provide or receive
essential services and representatives of organizations who advocate on behalf
of those persons.
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(f) By December 15, 2009, the steering committee shall
establish a three-year schedule for completion of its work. The schedule shall be published on the Department
of Human Services Web site and reported to the legislative committees with
jurisdiction over health and human services.
In addition, the commissioner shall post quarterly updates on the
progress of the steering committee on the Department of Human Services Web
site.
Subd. 2. Composition. (a)
The steering committee shall include:
(1) the commissioner of human services, or designee, and two
additional representatives of the department;
(2) two county commissioners, representative of rural and
urban counties, selected by the Association of Minnesota Counties;
(3) two county directors of human services, representative of
rural and urban counties, selected by the Minnesota Association of County
Social Service Administrators; and
(4) three clients or client advocates representing different
populations receiving services from the Department of Human Services, who are
appointed by the commissioner.
(b) The commissioner, or designee, and a county commissioner
shall serve as cochairs of the committee.
The committee shall be convened within 60 days of final enactment of
this legislation.
(c) State agency staff shall serve as informational resources
and staff to the steering committee.
Statewide county associations may assemble county program data as
required.
(d) To promote information sharing and coordination between
the steering committee and council, one of the county representatives from
paragraph (a), clause (2), and one of the county representatives from paragraph
(a), clause (3), must also serve as a representative on the council under
section 402A.20, subdivision 1, paragraph (b), clause (5) or (6).
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 4. [402A.18] COMMISSIONER POWER TO REMEDY
FAILURE TO MEET PERFORMANCE OUTCOMES.
Subdivision 1. Underperforming county; specific service. If the commissioner determines that a
county or service delivery authority is deficient in achieving minimum
performance outcomes for a specific essential service, the commissioner may
impose the following remedies:
(1) voluntary incorporation of the administration and
operation of the specific essential service with an existing service delivery
authority or another county. A service
delivery authority or county incorporating an underperforming county shall not
be financially liable for the costs associated with remedying performance
outcome deficiencies;
(2) mandatory incorporation of the administration and operation
of the specific essential service with an existing service delivery authority
or another county. A service delivery
authority or county incorporating an underperforming county shall not be
financially liable for the costs associated with remedying performance outcome
deficiencies; or
(3) transfer of authority for program administration and
operation of the specific essential service to the commissioner.
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Subd. 2. Underperforming county; more than one-half of service. If the commissioner determines that a
county or service delivery authority is deficient in achieving minimum
performance outcomes for more than one-half of the defined essential service,
the commissioner may impose the following remedies:
(1) voluntary incorporation of the administration and
operation of the specific essential service with an existing service delivery
authority or another county. A service
delivery authority or county incorporating an underperforming county shall not
be financially liable for the costs associated with remedying performance
outcome deficiencies;
(2) mandatory incorporation of the administration and operation
of the specific essential service with an existing service delivery authority
or another county. A service delivery
authority or county incorporating an underperforming county shall not be
financially liable for the costs associated with remedying performance outcome
deficiencies; or
(3) transfer of authority for program administration and
operation of the specific essential service to the commissioner.
Subd. 3. Conditions prior to imposing remedies. Before the commissioner may impose the
remedies authorized under this section, the following conditions must be met:
(1) the county or service delivery authority determined by
the commissioner to be deficient in achieving minimum performance outcomes has
the opportunity, in coordination with the council, to develop a program outcome
improvement plan. The program outcome
improvement plan must be developed no later than six months from the date of
the deficiency determination; and
(2) the council has conducted an assessment of the program
outcome improvement plan to determine if the county or service delivery
authority has made satisfactory progress toward performance outcomes and has
made a recommendation about remedies to the commissioner. The review and recommendation must be made to
the commissioner within 12 months from the date of the deficiency
determination.
Sec. 5. [402A.20] COUNCIL.
Subdivision 1. Council. (a) The
State-County Results, Accountability, and Service Delivery Redesign Council is
established. Appointed council members must
be appointed by their respective agencies, associations, or governmental units
by November 1, 2009. The council shall
be cochaired by the commissioner of human services, or designee, and a county
representative from paragraph (b), clause (4) or (5), appointed by the
Association of Minnesota Counties.
Recommendations of the council must be approved by a majority of the
council members. The provisions of
section 15.059 do not apply to this council, and this council does not expire.
(b) The council must consist of the following members:
(1) two legislators appointed by the speaker of the house,
one from the minority and one from the majority;
(2) two legislators appointed by the Senate Rules Committee,
one from the majority and one from the minority;
(3) the commissioner of human services, or designee, and
three employees from the department;
(4) two county commissioners appointed by the Association of
Minnesota Counties;
(5) two county representatives appointed by the Minnesota Association
of County Social Service Administrators;
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(6) one representative appointed by AFSCME as a nonvoting
member; and
(7) one representative appointed by the Teamsters as a
nonvoting member.
(c) Administrative support to the council may be provided by
the Association of Minnesota Counties and affiliates.
(d) Member agencies and associations are responsible for
initial and subsequent appointments to the council.
Subd. 2. Council duties. The
council shall:
(1) provide review of the redesign process;
(2) certify, in accordance with section 402A.30, subdivision 4,
the formation of a service delivery authority, including the memorandum of
understanding in section 402A.30, subdivision 2, paragraph (b);
(3) ensure the consistency of the memoranda of understanding
entered into under section 402A.30, subdivision 2, paragraph (b), with the
performance standards recommended by the steering committee and enacted by the
legislature;
(4) ensure the consistency of the memoranda of understanding,
to the extent appropriate, or other memoranda of understanding entered into by
other service delivery authorities;
(5) establish a process to take public input on the service
delivery framework specified in the memorandum of understanding in section
402A.30, subdivision 2, paragraph (b);
(6) form work groups as necessary to carry out the duties of
the council under the redesign;
(7) serve as a forum for resolving conflicts among
participating counties or between participating counties and the commissioner
of human services, provided nothing in this section is intended to create a
formal binding legal process;
(8) engage in the program improvement process established in
section 402A.18, subdivision 3; and
(9) identify and recommend incentives for counties to
participate in human services authorities.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 6. [402A.30] DESIGNATION OF SERVICE
DELIVERY AUTHORITY.
Subdivision 1. Establishment. After
certification by the council and approval by the commissioner, in accordance
with subdivision 4, a county or consortium of counties may establish a service
delivery authority to redesign the delivery of some or all essential
services. Once a county or consortium of
counties establishes a service delivery authority, no county that is a
participant in the service delivery authority may participate in or be a member
of any other service delivery authority.
The service delivery authority may allow an additional county or
counties to join the service delivery authority subject to the approval of the
council and the commissioner.
Subd. 2. New state-county governance framework. (a) To establish a service delivery
authority, each participating county and the state must enter into a binding
memorandum of understanding to establish a joint state-county service delivery
framework:
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(b) The memorandum of understanding must:
(1) comply with current state and federal law except where
waivers are approved under clause (7);
(2) define the scope of essential services over which the
service delivery authority has jurisdiction;
(3) designate a single administrative structure to oversee
the delivery of services over which the service delivery authority has
jurisdiction and identify a single administrative agent for purposes of contact
and communication with the department;
(4) define measurable performance and outcome goals in key
operational areas that the service delivery authority is expected to achieve,
provided that the performance goals must, at a minimum, satisfy performance
outcomes recommended by the steering committee and enacted into law;
(5) identify the state and local resources, including funding
and administrative and information technology support, and other requirements
necessary for the service delivery authority to achieve the performance and
outcome goals;
(6) state the relief available to the service delivery
authority if the resource commitments identified in clause (5) are not met;
(7) identify in the agreement the waivers from statutory
requirements that are needed to ensure greater local control and flexibility to
determine the most cost-effective means of achieving specified measurable goals
and the date by which the commissioner shall grant the identified waivers;
(8) set forth a graduated accountability process and
penalties for responding to a county's failure to make adequate progress on
achieving performance and outcome goals;
(9) set forth a reasonable level of targeted reductions in
overhead and administrative costs for each county participating in the service
delivery authority; and
(10) set forth the terms under which a county may withdraw
from participation.
The
memorandum of understanding may be later amended to add additional services
over which the service delivery authority has jurisdiction.
(c) Nothing in this chapter precludes local governments from
utilizing sections 465.81 and 465.82 to establish procedures for local
governments to merge, with the consent of the voters. Any agreement under paragraph (b) must be
governed by this chapter. Nothing in
this chapter limits the authority of a county board to enter into contractual
agreements for services not covered by the provisions of a memorandum of
understanding establishing a service delivery authority with other agencies or
with other units of government.
Subd. 3. Duties. The
service delivery authority shall:
(1) within the scope of essential services set forth in the
memorandum of understanding establishing the authority, carry out the
responsibilities required of local agencies under chapter 393 and human
services boards under chapter 402;
(2) manage the public resources devoted to human services and
other public services delivered or purchased by the counties that are
subsidized or regulated by the Department of Human Services under chapters 245
and 267;
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(3) employ staff to assist in carrying out its duties;
(4) develop and maintain a continuity of operations plan to
ensure the continued operation or resumption of essential human services
functions in the event of any business interruption according to local, state,
and federal emergency planning requirements;
(5) receive and expend funds received for the redesign
process under the memorandum of understanding;
(6) plan and deliver services directly or through contract
with other governmental or nongovernmental providers;
(7) rent, purchase, sell, and otherwise dispose of real and
personal property as necessary to carry out the redesign; and
(8) carry out any other service designated as a
responsibility of a county.
Subd. 4. Process for establishing a service delivery authority. (a) The county or consortium of counties proposing
to form a service delivery authority shall, in conjunction with the
commissioner, prevent a proposed memorandum of understanding to the council
accompanied by a resolution from the board of commissioners of each
participating county stating the county's intent to participate in a service
delivery authority.
(b) The council shall certify a county or consortium of
counties as a service delivery authority if:
(1) the conditions in subdivision 2, paragraphs (a) and (b),
are met; and
(2) the county or consortium of counties are:
(i) a single county with a population of 55,000 or more;
(ii) a consortium of counties with a total combined
population of 55,000 or more and the counties comprising the consortium are in
reasonable geographic proximity; or
(iii) four or more counties in reasonable geographic
proximity without regard to population.
The council may recommend that the commissioner of human
services exempt a single county or multicounty service delivery authority from the
minimum population standard if that service delivery authority can demonstrate
that it can otherwise meet the requirements of this chapter.
(c) After the council has certified a county or consortium of
counties as a service delivery authority, the commissioner may enter into the
memoranda of understanding with the participating counties to form the service
delivery authority.
Subd. 5. Single county service delivery authority. For counties with populations over 55,000,
the board of county commissioners may be the service delivery authority and
retain existing authority under law.
Sec. 7. [402A.45] ESSENTIAL SERVICES OUTSIDE THE
JURISDICTION OF A SERVICE DELIVERY AUTHORITY.
(a) With the approval of the council, a county that is a
participant in a service delivery authority may enter into cooperative
arrangements with other service delivery authorities or other counties to
provide essential services that are not within the jurisdiction and duties of
the service delivery authority.
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(b) With the approval of the council, a service delivery
authority may enter into a cooperative arrangement with a nonparticipating
county to provide an essential service within the jurisdiction and duties of
the service delivery authority.
Sec. 8. [402A.50] PRIVATE SECTOR FUNDING.
The council may support stakeholder agencies, if not
otherwise prohibited by law, to separately or jointly seek and receive funds to
provide expert technical assistance to the council, the council's work group,
and any subwork groups for executing the provisions of the redesign.
Sec. 9. APPROPRIATION.
$350,000 is appropriated for the biennium beginning July 1,
2009, from the general fund to the State-County Results, Accountability, and
Service Delivery Redesign Council, for the purposes of the State-County
Results, Accountability, and Service Delivery Reform Act under Minnesota
Statutes, sections 402A.01 to 402A.50.
The council shall establish a methodology for distributing funds to certified
service delivery authorities for the purposes of carrying out the requirements
of the redesign.
ARTICLE 10
PUBLIC HEALTH
Section 1. Minnesota
Statutes 2008, section 103I.208, subdivision 2, is amended to read:
Subd. 2. Permit fee. The permit fee to be paid by a property owner
is:
(1) for a water supply well that is not in use under a
maintenance permit, $175 annually;
(2) for construction of a monitoring well, $215, which
includes the state core function fee;
(3) for a monitoring well that is unsealed under a
maintenance permit, $175 annually;
(4) for a monitoring well owned by a federal agency, state
agency, or local unit of government that is unsealed under a maintenance
permit, $50 annually. "Local unit of government" means a statutory or
home rule charter city, town, county, or soil and water conservation district,
watershed district, an organization formed for the joint exercise of powers
under section 471.59, a board of health or community health board, or other
special purpose district or authority with local jurisdiction in water and
related land resources management;
(5) for monitoring wells used as a leak detection device at a single motor
fuel retail outlet, a single petroleum bulk storage site excluding tank farms,
or a single agricultural chemical facility site, the construction permit fee is
$215, which includes the state core function fee, per site regardless of the
number of wells constructed on the site, and the annual fee for a maintenance
permit for unsealed monitoring wells is $175 per site regardless of the number
of monitoring wells located on site;
(5) (6) for a
groundwater thermal exchange device, in addition to the notification fee for
water supply wells, $215, which includes the state core function fee;
(6) (7) for a
vertical heat exchanger with less than ten tons of heating/cooling capacity,
$215;
(8) for a vertical heat exchanger with ten to 50 tons of
heating/cooling capacity, $425;
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(9) for a vertical heat exchanger with greater than 50 tons of
heating/cooling capacity, $650;
(7) (10) for a
dewatering well that is unsealed under a maintenance permit, $175 annually for
each dewatering well, except a dewatering project comprising more than five
dewatering wells shall be issued a single permit for $875 annually for
dewatering wells recorded on the permit; and
(8) (11) for an
elevator boring, $215 for each boring.
Sec. 2. Minnesota
Statutes 2008, section 144.121, subdivision 1a, is amended to read:
Subd. 1a. Fees for ionizing radiation-producing
equipment. (a) A facility with
ionizing radiation-producing equipment must pay an annual initial or annual
renewal registration fee consisting of a base facility fee of $66
$100 and an additional fee for each radiation source, as follows:
(1) medical or
veterinary equipment $
53 100
(2) dental x-ray
equipment $
33 40
(3) accelerator $66
(4) radiation therapy equipment $66
(5) (3) x-ray equipment not used on
humans or
animals $
53 100
(6) (4) devices with sources of ionizing
radiation
not used on humans or animals $
53 100
(b) A facility with radiation therapy
and accelerator equipment must pay an annual registration fee of $500. A facility with an industrial accelerator
must pay an annual registration fee of $150.
(c) Electron microscopy equipment is
exempt from the registration fee requirements of this section.
Sec. 3. Minnesota Statutes 2008, section 144.121,
subdivision 1b, is amended to read:
Subd. 1b. Penalty
fee for late registration.
Applications for initial or renewal registrations submitted to the commissioner
after the time specified by the commissioner shall be accompanied by a
penalty fee of $20 an amount equal to 25 percent of the fee due in
addition to the fees prescribed in subdivision 1a.
Sec. 4. Minnesota Statutes 2008, section 144.1222, subdivision
1a, is amended to read:
Subd. 1a. Fees. All plans and specifications for public pool
and spa construction, installation, or alteration or requests for a variance
that are submitted to the commissioner according to Minnesota Rules, part
4717.3975, shall be accompanied by the appropriate fees. All public pool construction plans submitted
for review after January 1, 2009, must be certified by a professional
engineer registered in the state of Minnesota.
If the commissioner determines, upon review of the plans, that
inadequate fees were paid, the necessary additional fees shall be paid before
plan approval. For purposes of
determining fees, a project is defined as a proposal to construct or install a
public pool, spa, special purpose pool, or wading pool and all associated water
treatment equipment and drains, gutters, decks, water recreation features,
spray pads, and those design and safety features that are within five feet of
any pool or spa. The commissioner shall
charge the following fees for plan review and inspection of public pools and
spas and for requests for variance from the public pool and spa rules:
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(1) each pool, $800 $1,500;
(2) each spa pool, $500
$800;
(3) each slide, $400 $600;
(4) projects valued at $250,000 or
more, the greater of the sum of the fees in clauses (1), (2), and (3) or 0.5
percent of the documented estimated project cost to a maximum fee of $10,000
$15,000;
(5) alterations to an existing pool
without changing the size or configuration of the pool, $400 $600;
(6) removal or replacement of pool
disinfection equipment only, $75 $100; and
(7) request for variance from the
public pool and spa rules, $500.
Sec. 5. Minnesota Statutes 2008, section 144.125,
subdivision 1, is amended to read:
Subdivision 1. Duty
to perform testing. It is the duty
of (1) the administrative officer or other person in charge of each institution
caring for infants 28 days or less of age, (2) the person required in pursuance
of the provisions of section 144.215, to register the birth of a child, or (3)
the nurse midwife or midwife in attendance at the birth, to arrange to have
administered to every infant or child in its care tests for heritable and
congenital disorders according to subdivision 2 and rules prescribed by the
state commissioner of health. Testing
and the recording and reporting of test results shall be performed at the times
and in the manner prescribed by the commissioner of health. The commissioner shall charge a fee so that
the total of fees collected will approximate the costs of conducting the tests
and implementing and maintaining a system to follow-up infants with heritable
or congenital disorders, including hearing loss detected through the early
hearing detection and intervention program under section 144.966. The fee is $101 per specimen. Effective July 1, 2010, the fee shall be
increased to $106 per specimen. The
increased fee amount shall be deposited in the general fund. Costs associated with capital
expenditures and the development of new procedures may be prorated over a
three-year period when calculating the amount of the fees.
EFFECTIVE DATE. This section is
effective July 1, 2010.
Sec. 6. Minnesota Statutes 2008, section 144.72,
subdivision 1, is amended to read:
Subdivision 1. Permits
License required. The state
commissioner of health is authorized to issue permits for the operation of
youth camps which are required to obtain the permits a license according
to chapter 157.
Sec. 7. Minnesota Statutes 2008, section 144.72,
subdivision 3, is amended to read:
Subd. 3. Issuance
of permits license. If
the commissioner should determine from the application that the health and
safety of the persons using the camp will be properly safeguarded, the
commissioner may, prior to actual inspection of the camp, issue the permit
license in writing. No fee shall
be charged for the permit. The permit
license shall be posted in a conspicuous place on the premises occupied by
the camp.
Sec. 8. Minnesota Statutes 2008, section 144.9501, is
amended by adding a subdivision to read:
Subd. 8a.
Disclosure pamphlet. "Disclosure pamphlet" means the
EPA pamphlet titled "Renovate Right: Important Lead Hazard Information for
Families, Child Care Providers and Schools" developed under section 406(a)
of the Toxic Substance Control Act.
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Sec. 9. Minnesota Statutes 2008, section 144.9501,
subdivision 22b, is amended to read:
Subd. 22b. Lead
sampling technician. "Lead
sampling technician" means an individual who performs clearance
inspections for nonabatement or nonorder lead hazard reduction
renovation sites, and lead dust sampling in other
settings, or visual assessment for deteriorated paint for nonabatement
sites, and who is registered with the commissioner under section 144.9505.
Sec. 10. Minnesota Statutes 2008, section 144.9501,
subdivision 26a, is amended to read:
Subd. 26a. Regulated
lead work. (a) "Regulated lead
work" means:
(1) abatement;
(2) interim controls;
(3) a clearance inspection;
(4) a lead hazard screen;
(5) a lead inspection;
(6) a lead risk assessment;
(7) lead project designer services;
(8) lead sampling technician
services; or
(9) swab team services.;
(10) renovation activities; or
(11) activities performed to comply
with lead orders issued by a board of health.
(b) Regulated lead work does not
include abatement, interim controls, swab team services, or renovation
activities that disturb painted surfaces that total no more than:
(1) activities such as remodeling,
renovation, installation, rehabilitation, or landscaping activities, the
primary intent of which is to remodel, repair, or restore a structure or
dwelling, rather than to permanently eliminate lead hazards, even though these
activities may incidentally result in a reduction in lead hazards; or
(2) interim control activities that
are not performed as a result of a lead order and that do not disturb painted
surfaces that total more than:
(i) (1) 20 square feet (two square meters)
on exterior surfaces; or
(ii) two (2) six square feet (0.2 0.6
square meters) in an interior room; or.
(iii) ten percent of the total
surface area on an interior or exterior type of component with a small surface
area.
Sec. 11. Minnesota Statutes 2008, section 144.9501, is
amended by adding a subdivision to read:
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Subd. 26b.
Renovation. "Renovation" means the
modification of any affected property that results in the disturbance of
painted surfaces, unless that activity is performed as an abatement. A renovation performed for the purpose of
converting a building or part of a building into an affected property is a
renovation under this subdivision.
Sec. 12. Minnesota Statutes 2008, section 144.9505,
subdivision 1g, is amended to read:
Subd. 1g. Certified
lead firm. A person within the state
intending to directly perform or cause to be performed through subcontracting
or similar delegation any regulated lead work shall first obtain certification
from the commissioner A person who employs individuals to perform
regulated lead work outside of the person's property must obtain certification
as a lead firm. The certificate must
be in writing, contain an expiration date, be signed by the commissioner, and
give the name and address of the person to whom it is issued. The certification fee is $100, is
nonrefundable, and must be submitted with each application. The certificate or a copy of the certificate
must be readily available at the worksite for review by the contracting entity,
the commissioner, and other public health officials charged with the health,
safety, and welfare of the state's citizens.
Sec. 13. Minnesota Statutes 2008, section 144.9505,
subdivision 4, is amended to read:
Subd. 4. Notice
of regulated lead work. (a) At least
five working days before starting work at each regulated lead worksite, the
person performing the regulated lead work shall give written notice to the
commissioner and the appropriate board of health.
(b) This provision does not apply to
lead hazard screen, lead inspection, lead risk assessment, lead sampling
technician, renovation, or lead project design activities.
Sec. 14. Minnesota Statutes 2008, section 144.9508,
subdivision 2, is amended to read:
Subd. 2. Regulated
lead work standards and methods. (a)
The commissioner shall adopt rules establishing regulated lead work standards
and methods in accordance with the provisions of this section, for lead in
paint, dust, drinking water, and soil in a manner that protects public health
and the environment for all residences, including residences also used for a
commercial purpose, child care facilities, playgrounds, and schools.
(b) In the rules required by this
section, the commissioner shall require lead hazard reduction of intact paint
only if the commissioner finds that the intact paint is on a chewable or
lead-dust producing surface that is a known source of actual lead exposure to a
specific individual. The commissioner
shall prohibit methods that disperse lead dust into the air that could
accumulate to a level that would exceed the lead dust standard specified under
this section. The commissioner shall
work cooperatively with the commissioner of administration to determine which
lead hazard reduction methods adopted under this section may be used for lead-safe
practices including prohibited practices, preparation, disposal, and
cleanup. The commissioner shall work
cooperatively with the commissioner of the Pollution Control Agency to develop
disposal procedures. In adopting rules
under this section, the commissioner shall require the best available
technology for regulated lead work methods, paint stabilization, and
repainting.
(c) The commissioner of health shall
adopt regulated lead work standards and methods for lead in bare soil in a
manner to protect public health and the environment. The commissioner shall adopt a maximum
standard of 100 parts of lead per million in bare soil. The commissioner shall set a soil replacement
standard not to exceed 25 parts of lead per million. Soil lead hazard reduction methods shall
focus on erosion control and covering of bare soil.
(d) The commissioner shall adopt
regulated lead work standards and methods for lead in dust in a manner to
protect the public health and environment.
Dust standards shall use a weight of lead per area measure and include
dust on the floor, on the window sills, and on window wells. Lead hazard reduction methods for dust shall
focus on dust removal and other practices which minimize the formation of lead
dust from paint, soil, or other sources.
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(e) The commissioner shall adopt lead hazard reduction
standards and methods for lead in drinking water both at the tap and public
water supply system or private well in a manner to protect the public health
and the environment. The commissioner
may adopt the rules for controlling lead in drinking water as contained in Code
of Federal Regulations, title 40, part 141.
Drinking water lead hazard reduction methods may include an educational
approach of minimizing lead exposure from lead in drinking water.
(f) The commissioner of the Pollution Control Agency
shall adopt rules to ensure that removal of exterior lead-based coatings from
residences and steel structures by abrasive blasting methods is conducted in a
manner that protects health and the environment.
(g) All regulated lead work standards shall provide
reasonable margins of safety that are consistent with more than a summary
review of scientific evidence and an emphasis on overprotection rather than
underprotection when the scientific evidence is ambiguous.
(h) No unit of local government shall have an
ordinance or regulation governing regulated lead work standards or methods for
lead in paint, dust, drinking water, or soil that require a different regulated
lead work standard or method than the standards or methods established under
this section.
(i) Notwithstanding paragraph (h), the commissioner
may approve the use by a unit of local government of an innovative lead hazard
reduction method which is consistent in approach with methods established under
this section.
(j) The commissioner shall adopt rules for issuing
lead orders required under section 144.9504, rules for notification of
abatement or interim control activities requirements, and other rules necessary
to implement sections 144.9501 to 144.9512.
(k) The commissioner shall adopt rules consistent with
section 402(c)(3) of the Toxic Substances Control Act to ensure that renovation
in a pre-1978 affected property where a child or pregnant female resides is
conducted in a manner that protects health and the environment.
(l) The commissioner shall adopt rules consistent with
sections 406(a) and 406(b) of the Toxic Substances Control Act.
Sec. 15.
Minnesota Statutes 2008, section 144.9508, subdivision 3, is amended to
read:
Subd. 3. Licensure and certification. The commissioner shall adopt rules to license
lead supervisors, lead workers, lead project designers, lead inspectors, and
lead risk assessors, and lead sampling technicians. The commissioner shall also adopt rules
requiring certification of firms that perform regulated lead work and rules
requiring registration of lead sampling technicians. The commissioner shall require periodic
renewal of licenses, and certificates, and registrations
and shall establish the renewal periods.
Sec. 16.
Minnesota Statutes 2008, section 144.9508, subdivision 4, is amended to
read:
Subd. 4. Lead training course. The commissioner shall establish by rule
requirements for training course providers and the renewal period for each
lead-related training course required for certification or licensure. The commissioner shall establish criteria in
rules for the content and presentation of training courses intended to qualify
trainees for licensure under subdivision 3.
The commissioner shall establish criteria in rules for the content and
presentation of training courses for lead interim control workers
renovation and lead sampling technicians.
Training course permit fees shall be nonrefundable and must be submitted
with each application in the amount of $500 for an initial training course,
$250 for renewal of a permit for an initial training course, $250 for a refresher
training course, and $125 for renewal of a permit of a refresher training
course.
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Sec. 17. Minnesota Statutes 2008, section 144.9512,
subdivision 2, is amended to read:
Subd. 2. Grants;
administration. Within the limits of
the available appropriation, the commissioner shall make grants to a nonprofit
organization currently operating the CLEARCorps lead hazard reduction
project organizations to train workers to provide lead screening,
education, outreach, and swab team services for residential property. Projects that provide Americorps funding
or positions, or leverage matching funds, as part of the delivery of the
services must be given priority for the grant funds.
Sec. 18. Minnesota Statutes 2008, section 144.966, is
amended by adding a subdivision to read:
Subd. 3a.
Support services to families. The commissioner shall contract with a
nonprofit organization to provide support and assistance to families with
children who are deaf or have a hearing loss.
The family support provided must include direct parent-to-parent
assistance and information on communication, educational, and medical
options. The commissioner shall give
preference to a nonprofit organization that has the ability to provide these
services throughout the state.
Sec. 19. Minnesota Statutes 2008, section 144.97,
subdivision 2, is amended to read:
Subd. 2. Certification
Accreditation. "Certification"
means written acknowledgment of a laboratory's demonstrated capability to
perform tests for a specific purpose "Accreditation" means
written acknowledgment that a laboratory has the policies, procedures,
equipment, and practices to produce reliable data in the analysis of
environmental samples.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 20. Minnesota Statutes 2008, section 144.97,
subdivision 4, is amended to read:
Subd. 4. Contract
Commercial laboratory. "Contract
Commercial laboratory" means a laboratory that performs tests on
samples on a contract or fee-for-service basis.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 21. Minnesota Statutes 2008, section 144.97, is
amended by adding a subdivision to read:
Subd. 5a.
Field of testing. "Field of testing" means the
combination of analyte, method, matrix, and test category for which a
laboratory may hold accreditation.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 22. Minnesota Statutes 2008, section 144.97,
subdivision 6, is amended to read:
Subd. 6. Laboratory. "Laboratory" means the state, a person,
corporation, or other entity, including governmental, that examines, analyzes,
or tests samples in a specified physical location.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 23. Minnesota Statutes 2008, section 144.97, is
amended by adding a subdivision to read:
Subd. 8.
Test category. "Test category" means the
combination of program and category as provided by section 144.98, subdivisions
3, paragraph (b), clauses (1) to (10), and 3a, paragraph (a), clauses (1) to
(5).
EFFECTIVE DATE. This section is
effective July 1, 2009.
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Sec. 24. Minnesota Statutes 2008, section 144.98,
subdivision 1, is amended to read:
Subdivision 1. Authorization. The commissioner of health may certify
shall accredit environmental laboratories that test environmental
samples according to national standards developed using a consensus
process as established by Circular A-119, published by the United States Office
of Management and Budget.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 25. Minnesota Statutes 2008, section 144.98,
subdivision 2, is amended to read:
Subd. 2. Rules
and standards. The commissioner
may adopt rules to implement this section, including: carry out the
commissioner's responsibilities under the national standards specified in
subdivisions 1 and 2a.
(1) procedures, requirements, and fee
adjustments for laboratory certification, including provisional status and
recertification;
(2) standards and fees for
certificate approval, suspension, and revocation;
(3) standards for environmental
samples;
(4) analysis methods that assure
reliable test results;
(5) laboratory quality assurance,
including internal quality control, proficiency testing, and personnel
training; and
(6) criteria for recognition of
certification programs of other states and the federal government.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 26. Minnesota Statutes 2008, section 144.98, is
amended by adding a subdivision to read:
Subd. 2a.
Standards. The commissioner shall accredit
laboratories according to the most current environmental laboratory
accreditation standards under subdivision 1 and as accepted by the accreditation
bodies recognized by the National Environmental Laboratory Accreditation
Program (NELAP) of the NELAC Institute.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 27. Minnesota Statutes 2008, section 144.98,
subdivision 3, is amended to read:
Subd. 3. Annual
fees. (a) An application for certification
accreditation under subdivision 1 6 must be accompanied by
the biennial fee annual fees specified in this subdivision. The fees are for annual fees
include:
(1) base certification accreditation
fee, $1,600 $1,500;
(2) sample preparation techniques fees
fee, $100 $200 per technique; and
(3) an administrative fee for
laboratories located outside this state, $3,750; and
(4) test category certification fees:.
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Test
Category Certification
Fee
Clean water program bacteriology $800
Safe drinking water program bacteriology $800
Clean water program inorganic chemistry $800
Safe drinking water program inorganic chemistry $800
Clean water program chemistry metals $1,200
Safe drinking water program chemistry metals $1,200
Resource conservation and recovery program chemistry metals $1,200
Clean water program volatile organic compounds $1,500
Safe drinking water program volatile organic compounds $1,500
Resource conservation and recovery program volatile organic
compounds $1,500
Underground storage tank program volatile organic compounds $1,500
Clean water program other organic compounds $1,500
Safe drinking water program other organic compounds $1,500
Resource conservation and recovery program other organic
compounds $1,500
Clean water program radiochemistry $2,500
Safe drinking water program radiochemistry $2,500
Resource conservation and recovery program agricultural
contaminants $2,500
Resource conservation and recovery program emerging
contaminants $2,500
(b) Laboratories located outside of this state that
require an on-site inspection shall be assessed an additional $3,750 fee.
For the programs in subdivision 3a, the commissioner may accredit laboratories
for fields of testing under the categories listed in clauses (1) to (10) upon
completion of the application requirements provided by subdivision 6 and
receipt of the fees for each category under each program that accreditation is
requested. The categories offered and
related fees include:
(1) microbiology, $450;
(2) inorganics, $450;
(3) metals, $1,000;
(4) volatile organics, $1,300;
(5) other organics, $1,300;
(6) radiochemistry, $1,500;
(7) emerging contaminants, $1,500;
(8) agricultural contaminants, $1,250;
(9) toxicity (bioassay), $1,000; and
(10) physical characterization, $250.
(c) The total biennial certification annual fee
includes the base fee, the sample preparation techniques fees, the test
category fees per program, and, when applicable, the on-site
inspection fee an administrative fee for out-of-state laboratories.
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(d) Fees must be set so that the total fees support the
laboratory certification program. Direct
costs of the certification service include program administration, inspections,
the agency's general support costs, and attorney general costs attributable to
the fee function.
(e) A change fee shall be assessed if a laboratory requests
additional analytes or methods at any time other than when applying for or
renewing its certification. The change
fee is equal to the test category certification fee for the analyte.
(f) A variance fee shall be assessed if a laboratory requests
and is granted a variance from a rule adopted under this section. The variance fee is $500 per variance.
(g) Refunds or credits shall not be made for analytes or
methods requested but not approved.
(h) Certification of a laboratory shall not be awarded until all
fees are paid.
Sec. 28. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 3a. Available programs, categories, and analytes. (a) The commissioner shall accredit
laboratories that test samples under the following programs:
(1) the clean water program, such as compliance monitoring
under the federal Clean Water Act, and ambient monitoring of surface and
groundwater, or analysis of biological tissue;
(2) the safe drinking water program, including compliance monitoring
under the federal Safe Drinking Water Act, and the state requirements for
monitoring private wells;
(3) the resource conservation and recovery program, including
federal and state requirements for monitoring solid and hazardous wastes,
biological tissue, leachates, and groundwater monitoring wells not intended as
drinking water sources;
(4) the underground storage tank program; and
(5) the clean air program, including air and emissions testing
under the federal Clean Air Act, and state and federal requirements for vapor
intrusion monitoring.
(b) The commissioner shall maintain and publish a list of
analytes available for accreditation.
The list must be reviewed at least once every six months and the changes
published in the State Register and posted on the program's Web site. The commissioner shall publish the
notification of changes and review comments on the changes no less than 30 days
from the date the list is published.
Sec. 29. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 3b. Additional fees. (a)
Laboratories located outside of this state that require an on-site assessment
more frequent than once every two years must pay an additional assessed fee of
$3,000 per assessment for each additional on-site assessment conducted. The laboratory must pay the fee within 15
business days of receiving the commissioner's notification that an on-site
assessment is required. The commissioner
may conduct additional on-site assessments to determine a laboratory's
continued compliance with the standards provided in subdivision 2a.
(b) A late fee of $200 shall be added to the annual fee for
accredited laboratories submitting renewal applications to the commissioner
after November 1.
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(c) A change fee shall be assessed if a laboratory requests additional
fields of testing at any time other than when initially applying for or
renewing its accreditation. A change fee
does not apply for applications to add fields of testing for new analytes in
response to the published notice under subdivision 3a, paragraph (b), if the
laboratory holds valid accreditation for the changed test category and applies
for additional analytes within the same test category. The change fee is equal to the applicable
test category fee for the field of testing requested. An application that requests accreditation of
multiple fields of testing within a test category requires a single payment of
the applicable test category fee per application submitted.
(d) A variance fee shall be assessed if a laboratory requests
a variance from a standard provided in subdivision 2a. The variance fee is $500 per variance.
(e) The commissioner shall assess a fee for changes to
laboratory information regarding ownership, name, address, or personnel. Laboratories must submit changes through the
application process under subdivision 6.
The information update fee is $250 per application.
(f) Fees must be set so that the total fees support the
laboratory accreditation program. Direct
costs of the accreditation service include program administration, assessments,
the agency's general support costs, and attorney general costs attributable to
the fee function.
Sec. 30. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 3c. Refunds and nonpayment.
Refunds or credits shall not be made for applications received but
not approved. Accreditation of a
laboratory shall not be awarded until all fees are paid.
Sec. 31. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 6. Application. (a)
Laboratories seeking accreditation must apply on a form provided by the
commissioner, include the laboratory's procedures and quality manual, and pay
the applicable fees.
(b) Laboratories may be fixed-base or mobile. The commissioner shall accredit mobile
laboratories individually and require a vehicle identification number, license
plate number, or other uniquely identifying information in addition to the
application requirements of paragraph (a).
(c) Laboratories maintained on separate properties, even
though operated under the same management or ownership, must apply
separately. Laboratories with more than
one building on the same or adjoining properties do not need to submit a
separate application.
(d) The commissioner may accredit laboratories located
out-of-state. Accreditation for
out-of-state laboratories may be obtained directly from the commissioner
following the requirements in paragraph (a), or out-of-state laboratories may
be accredited through a reciprocal agreement if the laboratory:
(1) is accredited by a NELAP-recognized accreditation body
for those fields of testing in which the laboratory requests accreditation from
the commissioner;
(2) submits an application and documentation according to
this subdivision; and
(3) submits a current copy of the laboratory's unexpired
accreditation from a NELAP-recognized accreditation body showing the fields of
accreditation for which the laboratory is currently accredited.
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(e) Under the conflict of interest determinations provided in
section 43A.38, subdivision 6, clause (a), the commissioner shall not accredit
governmental laboratories operated by agencies of the executive branch of the
state. If accreditation is required,
laboratories operated by agencies of the executive branch of the state must
apply for accreditation through any other NELAP-recognized accreditation body.
EFFECTIVE DATE.
This section is effective July 1, 2009.
Sec. 32. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 6a. Implementation and effective date. All laboratories must comply with
standards under this section by July 1, 2009.
Fees under subdivisions 3 and 3b apply to applications received and
accreditations issued after June 30, 2009.
Accreditations issued on or before June 30, 2009, shall expire upon their
current expiration date.
Sec. 33. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 7. Initial accreditation and annual accreditation renewal. (a) The commissioner shall issue or renew accreditation
after receipt of the completed application and documentation required in this
section, provided the laboratory maintains compliance with the standards
specified in subdivision 2a, and attests to the compliance on the application
form.
(b) The commissioner shall prorate the fees in subdivision 3
for laboratories applying for accreditation after December 31. The fees are prorated on a quarterly basis
beginning with the quarter in which the commissioner receives the completed
application from the laboratory.
(c) Applications for renewal of accreditation must be
received by November 1 and no earlier than October 1 of each year. The commissioner shall send annual renewal
notices to laboratories 90 days before expiration. Failure to receive a renewal notice does not
exempt laboratories from meeting the annual November 1 renewal date.
(d) The commissioner shall issue all accreditations for the
calendar year for which the application is made, and the accreditation shall
expire on December 31 of that year.
(e) The accreditation of any laboratory that fails to submit
a renewal application and fees to the commissioner expires automatically on
December 31 without notice or further proceeding. Any person who operates a laboratory as accredited
after expiration of accreditation or without having submitted an application
and paid the fees is in violation of the provisions of this section and is
subject to enforcement action under sections 144.989 to 144.993, the Health
Enforcement Consolidation Act. A
laboratory with expired accreditation may reapply under subdivision 6.
EFFECTIVE DATE.
This section is effective July 1, 2009.
Sec. 34. Minnesota
Statutes 2008, section 144.99, subdivision 1, is amended to read:
Subdivision 1. Remedies available. The provisions of chapters 103I and 157 and
sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5),
(6), (10), (12), (13), (14), and (15); 144.1201 to 144.1204; 144.121; 144.1222;
144.35; 144.381 to 144.385; 144.411 to 144.417; 144.495; 144.71 to 144.74;
144.9501 to 144.9512; 144.97 to 144.98; 144.992; 326.70 to 326.785;
327.10 to 327.131; and 327.14 to 327.28 and all rules, orders, stipulation
agreements, settlements, compliance agreements, licenses, registrations, certificates,
and permits adopted or issued by the department or under any other law now in
force or later enacted for the preservation of public health may, in addition
to provisions in other statutes, be enforced under this section.
EFFECTIVE DATE.
This section is effective July 1, 2009.
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Sec. 35. Minnesota
Statutes 2008, section 153A.17, is amended to read:
153A.17 EXPENSES; FEES.
The expenses for administering the certification requirements
including the complaint handling system for hearing aid dispensers in sections
153A.14 and 153A.15 and the Consumer Information Center under section 153A.18
must be paid from initial application and examination fees, renewal fees,
penalties, and fines. All fees are
nonrefundable. The certificate
application fee is $350, the examination fee is $250 for the written portion
and $250 for the practical portion each time one or the other is taken, and the
trainee application fee is $200. The
penalty fee for late submission of a renewal application is $200. The fee for verification of certification to
other jurisdictions or entities is $25.
All fees, penalties, and fines received must be deposited in the state
government special revenue fund. The
commissioner may prorate the certification fee for new applicants based on the
number of quarters remaining in the annual certification period. (a) The expenses for administering the
certification requirements, including the complaint handling system for hearing
aid dispensers in sections 153A.14 and 153A.15, and the Consumer Information
Center under section 153A.18, must be paid from initial application and
examination fees, renewal fees, penalties, and fines.
(b) The fees are as follows:
(1) the initial and annual renewal certification application
fee is $600;
(2) the initial examination fee for the written portion is
$500, and for each time it is taken, thereafter;
(3) the initial examination fee for the practical portion is
$1,200, and $600 for each time it is taken, thereafter; for individuals meeting
the requirements of section 148.515, subdivision 2, the fee for the practical
portion of the hearing instrument dispensing examination is $250 each time it
is taken;
(4) the trainee application fee is $200;
(5) the penalty fee for late submission of a renewal
application is $200; and
(6) the fee for verification of certification to other
jurisdictions or entities is $25.
(c) The commissioner may prorate the certification fee for new
applicants based on the number of quarters remaining in the annual
certification period.
(d) All fees are nonrefundable. All fees, penalties, and fines received must
be deposited in the state government special revenue fund.
(e) Beginning July 1, 2009, until June 30, 2016, a surcharge
of $100 shall be paid at the time of initial certification application or
renewal to recover the commissioner's accumulated direct expenditures for
administering the requirements of this chapter.
Sec. 36. Minnesota
Statutes 2008, section 157.15, is amended by adding a subdivision to read:
Subd. 20. Youth camp. "Youth
camp" has the meaning given in section 144.71, subdivision 2.
Sec. 37. Minnesota
Statutes 2008, section 157.16, is amended to read:
157.16 LICENSES
REQUIRED; FEES.
Subdivision 1. License required annually. A license is required annually for every
person, firm, or corporation engaged in the business of conducting a food and
beverage service establishment, youth camp, hotel, motel, lodging
establishment, public pool, or resort.
Any person wishing to operate a place of business licensed in this
section shall
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first make application, pay the required fee specified in this
section, and receive approval for operation, including plan review
approval. Seasonal and temporary food
stands and Special event food stands are not required to submit plans. Nonprofit organizations operating a special
event food stand with multiple locations at an annual one-day event shall be
issued only one license. 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 food and beverage
service establishment, hotel, motel, lodging establishment, public pool, or
resort; 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 food and
beverage service establishments, youth camps, hotels, motels, lodging
establishments, public pools, and resorts shall be issued for the calendar
year for which application is made and shall expire on December 31 of such year
on an annual basis. Any person who
operates a place of business after the expiration date of a license or without
having submitted an application and 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 $50 $60 shall be added to the total of the license fee
for any food and beverage service establishment operating without a license as
a mobile food unit, a seasonal temporary or seasonal permanent food stand, or a
special event food stand, and a penalty of $100 $120 shall be
added to the total of the license fee for all restaurants, food carts, hotels,
motels, lodging establishments, youth camps, public pools, and resorts
operating without a license for a period of up to 30 days. A late fee of $300 $360 shall
be added to the license fee for establishments operating more than 30 days
without a license.
Subd. 2a. Food manager certification. An applicant for certification or
certification renewal as a food manager must submit to the commissioner a $28
$35 nonrefundable certification fee payable to the Department of
Health. The commissioner shall issue
a duplicate certificate to replace a lost, destroyed, or mutilated certificate
if the applicant submits a completed application on a form provided by the
commissioner for a duplicate certificate and pays $20 to the department for the
cost of duplication.
Subd. 3. Establishment fees; definitions. (a) The following fees are required for food
and beverage service establishments, youth camps, hotels, motels,
lodging establishments, public pools, and resorts licensed under this
chapter. Food and beverage service
establishments must pay the highest applicable fee under paragraph (d),
clause (1), (2), (3), or (4), and establishments serving alcohol must pay
the highest applicable fee under paragraph (d), clause (6) or (7). The license fee for new operators previously
licensed under this chapter for the same calendar year is one-half of the
appropriate annual license fee, plus any penalty that may be required. The license fee for operators opening on or
after October 1 is one-half of the appropriate annual license fee, plus any
penalty that may be required.
(b) All food and beverage service establishments, except
special event food stands, and all hotels, motels, lodging establishments,
public pools, and resorts shall pay an annual base fee of $150.
(c) A special event food stand shall pay a flat fee of $40
$50 annually. "Special event food stand" means a fee category
where food is prepared or served in conjunction with celebrations, county
fairs, or special events from a special event food stand as defined in section
157.15.
(d) In addition to the base fee in paragraph (b), each food
and beverage service establishment, other than a special event food stand, and
each hotel, motel, lodging establishment, public pool, and resort shall pay an
additional annual fee for each fee category, additional food service, or
required additional inspection specified in this paragraph:
(1) Limited food menu selection, $50 $60.
"Limited food menu selection" means a fee category that provides one
or more of the following:
(i) prepackaged food that receives heat treatment and is
served in the package;
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(ii) frozen
pizza that is heated and served;
(iii) a
continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
(iv) soft
drinks, coffee, or nonalcoholic beverages; or
(v) cleaning
for eating, drinking, or cooking utensils, when the only food served is
prepared off site.
(2) Small
establishment, including boarding establishments, $100 $120.
"Small establishment" means a fee category that has no salad bar and
meets one or more of the following:
(i) possesses
food service equipment that consists of no more than a deep fat fryer, a grill,
two hot holding containers, and one or more microwave ovens;
(ii) serves
dipped ice cream or soft serve frozen desserts;
(iii) serves
breakfast in an owner-occupied bed and breakfast establishment;
(iv) is a
boarding establishment; or
(v) meets the
equipment criteria in clause (3), item (i) or (ii), and has a maximum patron
seating capacity of not more than 50.
(3) Medium
establishment, $260 $310. "Medium establishment" means
a fee category that meets one or more of the following:
(i) possesses
food service equipment that includes a range, oven, steam table, salad bar, or
salad preparation area;
(ii) possesses
food service equipment that includes more than one deep fat fryer, one grill,
or two hot holding containers; or
(iii) is an
establishment where food is prepared at one location and served at one or more
separate locations.
Establishments
meeting criteria in clause (2), item (v), are not included in this fee
category.
(4) Large
establishment, $460 $540. "Large establishment" means
either:
(i) a fee
category that (A) meets the criteria in clause (3), items (i) or (ii), for a
medium establishment, (B) seats more than 175 people, and (C) offers the full
menu selection an average of five or more days a week during the weeks of
operation; or
(ii) a fee
category that (A) meets the criteria in clause (3), item (iii), for a medium
establishment, and (B) prepares and serves 500 or more meals per day.
(5) Other food
and beverage service, including food carts, mobile food units, seasonal
temporary food stands, and seasonal permanent food stands, $50 $60.
(6) Beer or
wine table service, $50 $60. "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.
(7) Alcoholic
beverage service, other than beer or wine table service, $135 $165.
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"Alcohol
beverage service, other than beer or wine table service" means a fee
category where alcoholic mixed drinks are served or where beer or wine are
served from a bar.
(8) Lodging per
sleeping accommodation unit, $8 $10, including hotels, motels,
lodging establishments, and resorts, up to a maximum of $800 $1,000.
"Lodging per sleeping accommodation 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.
(9) First
public pool, $180 $325; each additional public pool, $100
$175. "Public pool" means a fee category that has the meaning
given in section 144.1222, subdivision 4.
(10) First spa,
$110 $175; each additional spa, $50 $100. "Spa
pool" means a fee category that has the meaning given in Minnesota Rules,
part 4717.0250, subpart 9.
(11) Private
sewer or water, $50 $60. "Individual private water"
means a fee category with a water supply other than a community public water
supply as defined in Minnesota Rules, chapter 4720. "Individual private
sewer" means a fee category with an individual sewage treatment system
which uses subsurface treatment and disposal.
(12) Additional
food service, $130 $150. "Additional food service"
means a location at a food service establishment, other than the primary food
preparation and service area, used to prepare or serve food to the public.
(13) Additional
inspection fee, $300 $360. "Additional inspection fee"
means a fee to conduct the second inspection each year for elementary and
secondary education facility school lunch programs when required by the Richard
B. Russell National School Lunch Act.
(e) A fee of
$350 for review of the construction plans must accompany the initial
license application for restaurants, hotels, motels, lodging establishments, or
resorts with five or more sleeping units., seasonal food stands, and
mobile food units. The fee for this
construction plan review is as follows:
Service Area Type Fee
Food limited
food menu $275
small
establishment $400
medium
establishment $450
large
food establishment $500
additional
food service $150
Transient
food service food cart $250
seasonal
permanent food stand $250
seasonal
temporary food stand $250
mobile
food unit $350
Alcohol beer
or wine table service $150
alcohol
service from bar $250
Lodging less
than 25 rooms $375
25
to less than 100 rooms $400
100
rooms or more $500
less
than five cabins $350
five
to less than ten cabins $400
ten
cabins or more $450
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(f) When existing food and beverage service
establishments, hotels, motels, lodging establishments, or resorts,
seasonal food stands, and mobile food units are extensively remodeled, a
fee of $250 must be submitted with the remodeling plans. A fee of $250 must be submitted for new
construction or remodeling for a restaurant with a limited food menu selection,
a seasonal permanent food stand, a mobile food unit, or a food cart, or for a
hotel, motel, resort, or lodging establishment addition of less than five
sleeping units. The fee for this construction plan review is as follows:
Service Area Type Fee
Food limited
food menu $250
small
establishment $300
medium
establishment $350
large
food establishment $400
additional
food service $150
Transient food service food
cart $250
seasonal
permanent food stand $250
seasonal
temporary food stand $250
mobile
food unit $250
Alcohol beer
or wine table service $150
alcohol
service from bar $250
Lodging less
than 25 rooms $250
25
to less than 100 rooms $300
100
rooms or more $450
less
than five cabins $250
five
to less than ten cabins $350
ten
cabins or more $400
(g) Seasonal temporary food stands and Special
event food stands are not required to submit construction or remodeling plans
for review.
(h) Youth camps shall pay an annual
single fee for food and lodging as follows:
(1) camps with up to 99 campers, $325;
(2) camps with 100 to 199 campers,
$550; and
(3) camps with 200 or more campers;
$750.
Subd. 3a. Statewide hospitality fee. Every person, firm, or corporation that
operates a licensed boarding establishment, food and beverage service
establishment, seasonal temporary or permanent food stand, special event food
stand, mobile food unit, food cart, resort, hotel, motel, or lodging
establishment in Minnesota must submit to the commissioner a $35 annual
statewide hospitality fee for each licensed activity. The fee for establishments licensed by the
Department of Health is required at the same time the licensure fee is
due. For establishments licensed by
local governments, the fee is due by July 1 of each year.
Subd. 4. Posting requirements. Every food and beverage service
establishment, for-profit youth camp, hotel, motel, lodging establishment,
public pool, or resort must have the license posted in a conspicuous place at
the establishment. Mobile food units,
food carts, and seasonal temporary food stands shall be issued decals with the
initial license and each calendar year with license renewals. The current license year decal must be placed
on the unit or stand in a location determined by the commissioner. Decals are not transferable.
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Sec.
38. Minnesota Statutes 2008, section
157.22, is amended to read:
157.22 EXEMPTIONS.
This
chapter shall not be construed to does not 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;
(7)
fraternal or patriotic organizations that are tax exempt under section 501(c)(3),
501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal
Revenue Code of 1986, or organizations related to or affiliated with such
fraternal or patriotic organizations.
Such organizations may organize events at which home-prepared food is
donated by organization members for sale at the events, provided:
(i) the
event is not a circus, carnival, or fair;
(ii) the
organization controls the admission of persons to the event, the event agenda,
or both; and
(iii)
the organization's licensed kitchen is not used in any manner for the event;
(8) food
not prepared at an establishment and brought in by individuals attending a
potluck event for consumption at the potluck event. An organization sponsoring a potluck event
under this clause may advertise the potluck event to the public through any
means. Individuals who are not members
of an organization sponsoring a potluck event under this clause may attend the
potluck event and consume the food at the event. Licensed food establishments other than
schools cannot be sponsors of potluck events.
A school may sponsor and hold potluck events in areas of the school
other than the school's kitchen, provided that the school's kitchen is not used
in any manner for the potluck event. For
purposes of this clause, "school" means a public school as defined in
section 120A.05, subdivisions 9, 11, 13, and 17, or a nonpublic school, church,
or religious organization at which a child is provided with instruction in
compliance with sections 120A.22 and 120A.24.
Potluck event food shall not be brought into a licensed food
establishment kitchen; and
(9) a
home school in which a child is provided instruction at home; and
(10)
concession stands operated in conjunction with school-sponsored events on
school property are exempt from the 21-day restriction.
Sec.
39. Minnesota Statutes 2008, section
327.14, is amended by adding a subdivision to read:
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Subd. 9.
Special event recreational
camping area. "Special
event recreational camping area" means a recreational camping area
which operates no more than two times annually and for no more than 14
consecutive days.
Sec. 40.
Minnesota Statutes 2008, section 327.15, is amended to read:
327.15 LICENSE
REQUIRED; RENEWAL; PLANS FOR EXPANSION FEES.
Subdivision 1.
License required; plan review. No person, firm or corporation shall
establish, maintain, conduct or operate a manufactured home park or
recreational camping area within this state without first obtaining a
an annual license therefor from the state Department of Health. Any person wishing to obtain a license
shall submit an application, pay the required fee specified in this section,
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 manufactured home park or recreational camping
area, 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. Any person, firm, or
corporation desiring to operate either a manufactured home park or a
recreational camping area on the same site in connection with the other, need
only obtain one license. A license
shall expire and be renewed as prescribed by the commissioner pursuant to
section 144.122. The license shall
state the number of manufactured home sites and recreational camping sites
allowed according to state commissioner of health approval. No renewal license shall be issued if the
number of sites specified in the application exceeds those of the original
application The number of licensed sites shall not be increased
unless the plans for expansion or the construction for expansion are first
submitted and the expansion is approved by the Department of Health. Any manufactured home park or recreational
camping area located in more than one municipality shall be dealt with as two
separate manufactured home parks or camping areas. The license shall be conspicuously
displayed in the office of the manufactured home park or camping area. The license is not transferable as to to
another person or place.
Subd. 2.
License renewal. Initial and renewal licenses for all
manufactured home parks and recreational camping areas shall be issued annually
and shall have an expiration date included on the license. Any person who operates a manufactured home
park or recreational camping area after the expiration date of a license or
without having submitted an application and 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 $120 shall be added to the total of the license fee for
any manufactured home park or recreational camping area operating without a
license for a period of up to 30 days. A
late fee of $360 shall be added to the license fee for any manufactured home
park or recreational camping area operating more than 30 days without a
license.
Subd. 3.
Fees, manufactured home parks and
recreational camping areas. (a)
The following fees are required for manufactured home parks and recreational
camping areas licensed under this chapter.
Recreational camping areas and manufactured home parks shall pay the
highest applicable fee under paragraph (c).
The license fee for new operators of a manufactured home park or
recreational camping area previously licensed under this chapter for the same
calendar year is one-half of the appropriate annual license fee, plus any
penalty that may be required. The
license fee for operators opening on or after October 1 is one-half of the
appropriate annual license fee, plus any penalty that may be required.
(b) All manufactured home parks and
recreational camping areas shall pay the following annual base fee:
(1) a manufactured home park, $150;
and
(2) a recreational camping area with:
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(i) 24 or less sites, $50;
(ii) 25-99 sites, $212; and
(iii) 100 or more sites, $300.
In addition to the base fee, manufactured home parks and
recreational camping areas shall pay $4 for each licensed site. This paragraph does not apply to special
event recreational camping areas or to operators of a manufactured home park or
a recreational camping area licensed under section 157.16 for the same
location.
(c) In addition to the fee in
paragraph (b), each manufactured home park or recreational camping area shall
pay an additional annual fee for each fee category specified in this paragraph:
(1) Manufactured home parks and
recreational camping areas with public swimming pools and spas shall pay the
appropriate fees specified in section 157.16.
(2) Individual private sewer or
water, $60. "Individual private water" means a fee category with a
water supply other than a community public water supply as defined in Minnesota
Rules, chapter 4720. "Individual private sewer" means a fee category
with an individual sewage treatment system which uses subsurface treatment and
disposal.
(d) The following fees must accompany
a plan review application for initial construction of a manufactured home park
or recreational camping area:
(1) for initial construction of less
than 25 sites, $375;
(2) for initial construction of 25 to
less than 100 sites, $400; and
(3) for initial construction of 100
or more sites, $500.
(e) The following fees must accompany
a plan review application when an existing manufactured home park or
recreational camping area is expanded:
(1) for expansion of less than 25
sites, $250;
(2) for expansion of 25 and less than
100 sites, $300; and
(3) for expansion of 100 or more
sites, $450.
Subd. 4.
Fees, special event
recreational camping areas. (a)
The following fees are required for special event recreational camping areas
licensed under this chapter.
(b) All special event recreational
camping areas shall pay an annual fee of $150 plus $1 for each licensed site.
(c) A special event recreational
camping area shall pay a late fee of $360 for failing to obtain a license prior
to operating.
(d) The following fees must accompany
a plan review application for initial construction of a special event recreational
camping area:
(1) for initial construction of less
than 25 special event recreational camping sites, $375;
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(2)
for initial construction of 25 to less than 100 sites, $400; and
(3)
for initial construction of 100 or more sites, $500.
(e)
The following fees must accompany a plan review application for expansion of a
special event recreational camping area:
(1)
for expansion of less than 25 sites, $250;
(2)
for expansion of 25 and less than 100 sites, $300; and
(3)
for expansion of 100 or more sites, $450.
Sec.
41. Minnesota Statutes 2008, section
327.16, is amended to read:
327.16 LICENSE PLAN REVIEW APPLICATION.
Subdivision
1. Made
to state Department of Health. The plan
review application for license to operate and maintain a
manufactured home park or recreational camping area shall be made to the state
Department of Health, at such office and in such manner as may be prescribed by
that department.
Subd.
2. Contents. The applicant for a primary license or
annual license shall make application in writing plan review application
shall be made upon a form provided by the state Department of Health
setting forth:
(1) The
full name and address of the applicant or applicants, or names and addresses of
the partners if the applicant is a partnership, or the names and addresses of
the officers if the applicant is a corporation.
(2) A
legal description of the site, lot, field, or tract of land upon which the
applicant proposes to operate and maintain a manufactured home park or
recreational camping area.
(3) The
proposed and existing facilities on and about the site, lot, field, or tract of
land for the proposed construction or alteration and maintaining of a sanitary
community building for toilets, urinals, sinks, wash basins, slop-sinks,
showers, drains, laundry facilities, source of water supply, sewage, garbage
and waste disposal; except that no toilet facilities shall be required in any
manufactured home park which permits only manufactured homes equipped with
toilet facilities discharging to water carried sewage disposal systems; and
method of fire and storm protection.
(4) The
proposed method of lighting the structures and site, lot, field, or tract of
land upon which the manufactured home park or recreational camping area is to
be located.
(5) The
calendar months of the year which the applicant will operate the manufactured
home park or recreational camping area.
(6)
Plans and drawings for new construction or alteration, including buildings,
wells, plumbing and sewage disposal systems.
Subd.
3. Fees;
Approval. The application for the
primary license plan review shall be submitted with all plans and
specifications enumerated in subdivision 2, and payment of a fee in an
amount prescribed by the state commissioner of health pursuant to section
144.122 and shall be accompanied by an approved zoning permit from the
municipality or county wherein the park is to be located, or a statement from
the municipality or county that it does not require an approved zoning
permit. The fee for the annual
license shall be in an amount prescribed by the
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state
commissioner of health pursuant to section 144.122. All license fees paid to the commissioner of
health shall be turned over to the state treasury. The
fee submitted for the primary license plan review shall be retained
by the state even though the proposed project is not approved and a license is
denied.
When construction has been completed in accordance with
approved plans and specifications the state commissioner of health shall
promptly cause the manufactured home park or recreational camping area and
appurtenances thereto to be inspected.
When the inspection and report has been made and the state commissioner
of health finds that all requirements of sections 327.10, 327.11, 327.14 to
327.28, and such conditions of health and safety as the state commissioner of
health may require, have been met by the applicant, the state commissioner of
health shall forthwith issue the primary license in the name of the
state.
Subd. 4. Sanitary facilities Compliance
with current state law. During
the pendency of the application for such primary license any change in the
sanitary or safety facilities of the intended manufactured home park or
recreational camping area shall be immediately reported in writing to the state
Department of Health through the office through which the application was
made. If no objection is made by the
state Department of Health to such change in such sanitary or safety facilities
within 60 days of the date such change is reported, it shall be deemed to have
the approval of the state Department of Health. Any manufactured home
park or recreational camping area must be constructed and operated according to
all applicable state electrical, fire, plumbing, and building codes.
Subd. 5. Permit.
When the plans and specifications have been approved, the state
Department of Health shall issue an approval report permitting the applicant to
construct or make alterations upon a manufactured home park or recreational
camping area and the appurtenances thereto according to the plans and
specifications presented.
Such approval does not relieve the applicant from
securing building permits in municipalities that require permits or from
complying with any other municipal ordinance or ordinances, applicable thereto,
not in conflict with this statute.
Subd. 6. Denial of construction. If the application to construct or make
alterations upon a manufactured home park or recreational camping area and the
appurtenances thereto or a primary license to operate and maintain the
same is denied by the state commissioner of health, the commissioner shall so
state in writing giving the reason or reasons for denying the application. If the objections can be corrected the
applicant may amend the application and resubmit it for approval, and if denied
the applicant may appeal from the decision of the state commissioner of health
as provided in section 144.99, subdivision 10.
Sec. 42.
Minnesota Statutes 2008, section 327.20, subdivision 1, is amended to
read:
Subdivision 1. Rules.
No domestic animals or house pets of occupants of manufactured home
parks or recreational camping areas shall be allowed to run at large, or commit
any nuisances within the limits of a manufactured home park or recreational
camping area. Each manufactured home
park or recreational camping area licensed under the provisions of sections
327.10, 327.11, and 327.14 to 327.28 shall, among other things, provide
for the following, in the manner hereinafter specified:
(1) A responsible attendant or caretaker shall be in
charge of every manufactured home park or recreational camping area at all
times, who shall maintain the park or area, and its facilities and equipment in
a clean, orderly and sanitary condition.
In any manufactured home park containing more than 50 lots, the
attendant, caretaker, or other responsible park employee, shall be readily
available at all times in case of emergency.
(2) All manufactured home parks shall be well drained
and be located so that the drainage of the park area will not endanger any
water supply. No wastewater from
manufactured homes or recreational camping vehicles shall be deposited on the
surface of the ground. All sewage and
other water carried wastes shall be discharged into a municipal sewage system
whenever available. When a municipal
sewage system is not available, a sewage disposal system acceptable to the
state commissioner of health shall be provided.
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(3) No manufactured home shall be located closer than
three feet to the side lot lines of a manufactured home park, if the abutting
property is improved property, or closer than ten feet to a public street or
alley. Each individual site shall abut
or face on a driveway or clear unoccupied space of not less than 16 feet in
width, which space shall have unobstructed access to a public highway or
alley. There shall be an open space of
at least ten feet between the sides of adjacent manufactured homes including
their attachments and at least three feet between manufactured homes when
parked end to end. The space between
manufactured homes may be used for the parking of motor vehicles and other
property, if the vehicle or other property is parked at least ten feet from the
nearest adjacent manufactured home position.
The requirements of this paragraph shall not apply to recreational
camping areas and variances may be granted by the state commissioner of health
in manufactured home parks when the variance is applied for in writing and in
the opinion of the commissioner the variance will not endanger the health,
safety, and welfare of manufactured home park occupants.
(4) An adequate supply of water of safe, sanitary
quality shall be furnished at each manufactured home park or recreational
camping area. The source of the water
supply shall first be approved by the state Department of Health.
(5) All plumbing shall be installed in accordance with
the rules of the state commissioner of labor and industry and the provisions of
the Minnesota Plumbing Code.
(6) In the case of a manufactured home park with less
than ten manufactured homes, a plan for the sheltering or the safe evacuation
to a safe place of shelter of the residents of the park in times of severe
weather conditions, such as tornadoes, high winds, and floods. The shelter or evacuation plan shall be
developed with the assistance and approval of the municipality where the park is
located and shall be posted at conspicuous locations throughout the park. The park owner shall provide each resident
with a copy of the approved shelter or evacuation plan, as provided by section
327C.01, subdivision 1c. Nothing in this
paragraph requires the Department of Health to review or approve any shelter or
evacuation plan developed by a park.
Failure of a municipality to approve a plan submitted by a park shall
not be grounds for action against the park by the Department of Health if the
park has made a good faith effort to develop the plan and obtain municipal
approval.
(7) A manufactured home park with ten or more
manufactured homes, licensed prior to March 1, 1988, shall provide a safe place
of shelter for park residents or a plan for the evacuation of park residents to
a safe place of shelter within a reasonable distance of the park for use by
park residents in times of severe weather, including tornadoes and high
winds. The shelter or evacuation plan
must be approved by the municipality by March 1, 1989. The municipality may require the park owner
to construct a shelter if it determines that a safe place of shelter is not
available within a reasonable distance from the park. A copy of the municipal approval and the plan
shall be submitted by the park owner to the Department of Health. The park owner shall provide each resident
with a copy of the approved shelter or evacuation plan, as provided by section
327C.01, subdivision 1c.
(8) A manufactured home park with ten or more
manufactured homes, receiving a primary an initial license after
March 1, 1988, must provide the type of shelter required by section 327.205,
except that for manufactured home parks established as temporary, emergency
housing in a disaster area declared by the President of the United States or
the governor, an approved evacuation plan may be provided in lieu of a shelter
for a period not exceeding 18 months.
(9) For the purposes of this subdivision, "park
owner" and "resident" have the meaning meanings
given them in section 327C.01.
Sec. 43.
Minnesota Statutes 2008, section 327.20, is amended by adding a
subdivision to read:
Subd. 4.
Special event recreational
camping areas. Each special
event camping area licensed under sections 327.10, 327.11, and 327.14 to 327.28
is subject to this section.
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(1) Recreational camping vehicles and
tents, including attachments, must be separated from each other and other structures
by at least seven feet.
(2) A minimum area of 300 square feet
per site must be provided and the total number of sites must not exceed one
site for every 300 square feet of usable land area.
(3) Each site must abut or face a driveway
or clear unoccupied space of at least 16 feet in width, which space must have
unobstructed access to a public roadway.
(4) If no approved on-site water
supply system is available, hauled water may be used, provided that persons
using hauled water comply with Minnesota Rules, parts 4720.4000 to 4720.4600.
(5) Nonburied sewer lines may be
permitted provided they are of approved materials, watertight, and properly
maintained.
(6) If a sanitary dumping station is
not provided on-site, arrangements must be made with a licensed sewage pumper
to service recreational camping vehicle holding tanks as needed.
(7) Toilet facilities must be provided
consisting of toilets connected to an approved sewage disposal system, portable
toilets, or approved, properly constructed privies.
(8) Toilets must be provided in the
ratio of one toilet for each sex for each 150 sites.
(9) Toilets must be not more than 400
feet from any site.
(10) If a central building or
buildings are provided with running water, then toilets and handwashing
lavatories must be provided in the building or buildings that meet the
requirements of this subdivision.
(11) Showers, if provided, must be
provided in the ratio of one shower for each sex for each 250 sites. Showerheads must be provided, where running
water is available, for each camping event exceeding two nights.
(12) Central toilet and shower
buildings, if provided, must be constructed with adequate heating, ventilation,
and lighting, and floors of impervious material sloped to drain. Walls must be of a washable material. Permanent facilities must meet the
requirements of the Americans with Disabilities Act.
(13) An adequate number of durable,
covered, watertight containers must be provided for all garbage and
refuse. Garbage and refuse must be
collected as often as necessary to prevent nuisance conditions.
(14) Campgrounds must be located in
areas free of poison ivy or other noxious weeds considered detrimental to
health. Sites must not be located in
areas of tall grass or weeds and sites must be adequately drained.
(15) Campsites for recreational
vehicles may not be located on inclines of greater than eight percent grade or
one inch drop per lineal foot.
(16) A responsible attendant or caretaker
must be available on-site at all times during the operation of any special
event recreational camping area that has 50 or more sites.
Sec. 44. MINNESOTA COLORECTAL CANCER PREVENTION
DEMONSTRATION PROJECT.
Subdivision 1.
Establishment. The commissioner of health shall award
grants to Hennepin County Medical Center and MeritCare Bemidji for a colorectal
screening demonstration project to provide screening to uninsured and
underinsured women and men. The project
shall expire December 31, 2010.
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Subd. 2.
Eligibility. To be eligible for colorectal screening under
this demonstration project, an applicant must:
(1) be at least 50 years of age, or
under the age of 50 and at high risk for colon cancer;
(2) be uninsured, or if insured, have
coverage that does not cover the full cost of colorectal cancer screenings;
(3) not be eligible for medical
assistance, general assistance medical care, or MinnesotaCare programs; and
(4) have a gross family income at or
below 250 percent of the federal poverty level.
Subd. 3.
Services. Services provided under this project shall
include:
(1) colorectal cancer screening,
according to standard practices of medicine, or guidelines provided by the
Institute for Clinical Systems Improvement or the American Cancer Society;
(2) follow-up services for abnormal
tests; and
(3) diagnostic services to determine
the extent and proper course of treatment.
Subd. 4.
Project evaluation. The commissioner of health shall evaluate
the demonstration project and make recommendations for increasing the number of
persons in Minnesota who receive recommended colon cancer screening. The commissioner of health shall submit the
evaluation and recommendations to the legislature by January 15, 2011.
Sec. 45. RESEARCH OF EXPOSURE PATHWAYS FOR
PERFLUOROCHEMICALS.
The commissioner of health shall
study and report to the legislature by January 15, 2011, on the exposure
pathways for perfluorochemicals, focusing on food sources that might be
affected by contact with contaminated water or air. This research will be performed to the extent
that nonstate funds and environmental health tracking funds are available and
include garden vegetables produced or consumed by a representative sample of
the population from the east metropolitan area including indigenous people and
people of color. In developing and
performing the research, the commissioner must convene and consult with a
citizen advisory group consisting of residents from the east metropolitan area,
including indigenous people and people of color.
Sec. 46. FEASIBILITY PILOT PROJECT FOR CANCER
SURVEILLANCE.
The commissioner of health must
provide a grant to the Hennepin County Medical Center for a one-year
feasibility pilot project to collect occupational, residential, and military
service history data from newly diagnosed cancer patients at the Hennepin
County Medical Center's Cancer Center.
Funding for this grant shall come from the Department of Health's
current resources for the Chronic Disease and Environmental Epidemiology
Section.
Under this pilot project, Hennepin
County Medical Center will design an expansion of its existing cancer registry
to include the collection of additional data, including the cancer patient's
occupational, residential, and military service history. Patient consent is required for collection of
these additional data. The consent must
be in writing and must contain notice informing the patient about private and
confidential data concerning the patient pursuant to Minnesota Statutes,
section 13.04, subdivision 2. The
patient is entitled to opt out of the project at any time. The data collection expansion may also
include the cancer patient's possible toxic environmental exposure history, if
known. The purpose of this pilot project
is to determine the following:
(1) the feasibility of collecting
these data on a statewide scale;
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(2)
the potential design of a self-administered patient questionnaire template; and
(3)
necessary qualifications for staff who will collect these data.
Hennepin
County Medical Center must report the results of this pilot project to the
legislature by October 1, 2010.
Sec.
47. SMOKING
CESSATION.
The
commissioner of health must prioritize smoking prevention and smoking cessation
activities in low-income, indigenous, and minority communities in their
collaborations with the organization specifically described in Minnesota
Statutes, section 144.396, subdivision 8.
Sec.
48. MEDICAL
RESPONSE UNIT REIMBURSEMENT PILOT PROGRAM.
(a)
The Department of Public Safety or its contract designee shall collaborate with
the Minnesota Ambulance Association to create the parameters of the medical
response unit reimbursement pilot program, including determining criteria for
baseline data reporting.
(b)
In conducting the pilot program, the Department of Public Safety must consult
with the Minnesota Ambulance Association, Minnesota Fire Chiefs Association,
Emergency Services Regulatory Board, and the Minnesota Council of Health Plans
to:
(1)
identify no more than five medical response units registered as medical
response units with the Minnesota Emergency Medical Services Regulatory Board
according to Minnesota Statutes, chapter 144E, to participate in the program;
(2)
outline and develop criteria for reimbursement;
(3)
determine the amount of reimbursement for each unit response; and
(4)
collect program data to be analyzed for a final report.
(c)
Further criteria for the medical response unit reimbursement pilot program
shall include:
(1)
the pilot program will expire on December 31, 2010, or when the appropriation
is extended, whichever occurs first;
(2) a
report shall be made to the legislature by March 1, 2011, by the Department of
Public Safety or its contractor as to the effectiveness and value of this
reimbursement pilot program to the emergency medical services delivery system,
any actual or potential savings to the health care system, and impact on
patient outcomes;
(3)
participating medical response units must adhere to the requirements of this
pilot program outlined in an agreement between the Department of Public Safety
and the medical response unit, including but not limited to, requirements
relating to data collection, response criteria, and patient outcomes and
disposition;
(4)
individual entities licensed to provide ambulance care under Minnesota
Statutes, chapter 144E, are not eligible for participation in this pilot program;
(5)
if a participating medical response unit withdraws from the pilot program, the
Department of Public Safety in consultation with the Minnesota Ambulance
Association may choose another pilot site if funding is available;
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(6) medical response units must
coordinate their operations under this pilot project with the ambulance service
or services licensed to provide care in their first response geographic areas;
(7) licensed ambulance services that
participate with the medical response unit in the pilot program assume no
financial or legal liability for the actions of the participating medical
response unit; and
(8) the Department of Public Safety
and its pilot program partners have no ongoing responsibility to reimburse
medical response units beyond the parameters of the pilot program.
Sec. 49. REVIEW OF PROPOSED REGULATIONS FOR BODY
ART TECHNICIANS AND BODY ART ESTABLISHMENTS.
The commissioner of health shall
review proposed regulatory legislation for body art technicians and body art
establishments and develop recommendations on the proper level of regulation
needed for body art technicians and establishments in order to protect public
health. The recommendations must include
a review of how other states comply with the American Association of Blood
Banks standards, how regulatory requirements affect currently operating body
art establishments, and the appropriate level of coordination between the state
and local jurisdictions that currently regulate body art establishments. The commissioner shall submit the results of
the review and possible regulatory recommendations for body art technicians and
establishments to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care by January 15, 2010.
Sec. 50. HEARING AIDS; ENFORCEMENT.
Costs incurred by the Minnesota Department
of Health for conducting investigations of unlicensed hearing aid dispensers
shall be apportioned between all licensed or credentialed professions that
dispense hearing aids.
EFFECTIVE DATE.
This section is effect July 1, 2011.
Sec. 51. REPEALER.
(a) Minnesota Statutes 2008, sections
103I.112; 144.9501, subdivision 17b; and 327.14, subdivisions 5 and 6, are
repealed.
(b) Minnesota Rules, part 4626.2015,
subpart 9, is repealed.
ARTICLE 11
HEALTH-RELATED FEES
Section 1.
Minnesota Statutes 2008, section 148D.180, subdivision 1, is amended to
read:
Subdivision 1. Application fees. Application fees for licensure are as
follows:
(1) for a licensed social worker, $45;
(2) for a licensed graduate social worker, $45;
(3) for a licensed independent social worker, $90
$45;
(4) for a licensed independent clinical social worker,
$90 $45;
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(5) for
a temporary license, $50; and
(6) for
a licensure by endorsement, $150 $85.
The fee
for criminal background checks is the fee charged by the Bureau of Criminal
Apprehension. The criminal background
check fee must be included with the application fee as required pursuant to
section 148D.055.
Sec.
2. Minnesota Statutes 2008, section
148D.180, subdivision 2, is amended to read:
Subd.
2. License
fees. License fees are as follows:
(1) for
a licensed social worker, $115.20 $81;
(2) for
a licensed graduate social worker, $201.60 $144;
(3) for
a licensed independent social worker, $302.40 $216;
(4) for
a licensed independent clinical social worker, $331.20 $238.50;
(5) for
an emeritus license, $43.20; and
(6) for
a temporary leave fee, the same as the renewal fee specified in subdivision 3.
If the
licensee's initial license term is less or more than 24 months, the required
license fees must be prorated proportionately.
Sec.
3. Minnesota Statutes 2008, section
148D.180, subdivision 3, is amended to read:
Subd.
3. Renewal
fees. Renewal fees for licensure are
as follows:
(1) for
a licensed social worker, $115.20 $81;
(2) for
a licensed graduate social worker, $201.60 $144;
(3) for
a licensed independent social worker, $302.40 $216; and
(4) for
a licensed independent clinical social worker, $331.20 $238.50.
Sec.
4. Minnesota Statutes 2008, section
148D.180, subdivision 5, is amended to read:
Subd.
5. Late
fees. Late fees are as follows:
(1)
renewal late fee, one-half one-fourth of the renewal fee
specified in subdivision 3; and
(2) supervision
plan late fee, $40.
Sec.
5. Minnesota Statutes 2008, section
148E.180, subdivision 1, is amended to read:
Subdivision
1. Application
fees. Application fees for licensure
are as follows:
(1) for
a licensed social worker, $45;
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(2) for
a licensed graduate social worker, $45;
(3) for
a licensed independent social worker, $90 $45;
(4) for
a licensed independent clinical social worker, $90 $45;
(5) for
a temporary license, $50; and
(6) for
a licensure by endorsement, $150 $85.
The fee
for criminal background checks is the fee charged by the Bureau of Criminal
Apprehension. The criminal background
check fee must be included with the application fee as required according to
section 148E.055.
Sec.
6. Minnesota Statutes 2008, section
148E.180, subdivision 2, is amended to read:
Subd.
2. License
fees. License fees are as follows:
(1) for
a licensed social worker, $115.20 $81;
(2) for
a licensed graduate social worker, $201.60 $144;
(3) for
a licensed independent social worker, $302.40 $216;
(4) for
a licensed independent clinical social worker, $331.20 $238.50;
(5) for
an emeritus license, $43.20; and
(6) for
a temporary leave fee, the same as the renewal fee specified in subdivision 3.
If the
licensee's initial license term is less or more than 24 months, the required
license fees must be prorated proportionately.
Sec.
7. Minnesota Statutes 2008, section
148E.180, subdivision 3, is amended to read:
Subd.
3. Renewal
fees. Renewal fees for licensure are
as follows:
(1) for
a licensed social worker, $115.20 $81;
(2) for
a licensed graduate social worker, $201.60 $144;
(3) for
a licensed independent social worker, $302.40 $216; and
(4) for
a licensed independent clinical social worker, $331.20 $238.50.
Sec.
8. Minnesota Statutes 2008, section
148E.180, subdivision 5, is amended to read:
Subd.
5. Late
fees. Late fees are as follows:
(1)
renewal late fee, one-half one-fourth of the renewal fee
specified in subdivision 3; and
(2)
supervision plan late fee, $40.
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Sec. 9.
Minnesota Statutes 2008, section 152.126, subdivision 1, is amended to
read:
Subdivision 1. Definitions. For purposes of this section, the terms
defined in this subdivision have the meanings given.
(a) "Board" means the Minnesota State Board
of Pharmacy established under chapter 151.
(b) "Controlled substances" means those
substances listed in section 152.02, subdivisions 3 and 4 to 5,
and those substances defined by the board pursuant to section 152.02,
subdivisions 7, 8, and 12.
(c) "Dispense" or "dispensing" has
the meaning given in section 151.01, subdivision 30. Dispensing does not include the direct
administering of a controlled substance to a patient by a licensed health care
professional.
(d) "Dispenser" means a person authorized by
law to dispense a controlled substance, pursuant to a valid prescription. For the purposes of this section, a dispenser
does not include a licensed hospital pharmacy that distributes controlled
substances for inpatient hospital care or a veterinarian who is dispensing
prescriptions under section 156.18.
(e) "Prescriber" means a licensed health
care professional who is authorized to prescribe a controlled substance under
section 152.12, subdivision 1.
(f) "Prescription" has the meaning given in
section 151.01, subdivision 16.
Sec. 10.
Minnesota Statutes 2008, section 152.126, subdivision 2, is amended to
read:
Subd. 2. Prescription electronic reporting system. (a) The board shall establish by January 1,
2010, an electronic system for reporting the information required under
subdivision 4 for all controlled substances dispensed within the state.
(b) The board may contract with a vendor for the
purpose of obtaining technical assistance in the design, implementation, operation,
and maintenance of the electronic reporting system. The vendor's role shall be limited to
providing technical support to the board concerning the software, databases,
and computer systems required to interface with the existing systems currently
used by pharmacies to dispense prescriptions and transmit prescription data to
other third parties.
Sec. 11.
Minnesota Statutes 2008, section 152.126, subdivision 6, is amended to
read:
Subd. 6. Access to reporting system data. (a) Except as indicated in this subdivision,
the data submitted to the board under subdivision 4 is private data on
individuals as defined in section 13.02, subdivision 12, and not subject to
public disclosure.
(b) Except as specified in subdivision 5, the
following persons shall be considered permissible users and may access the data
submitted under subdivision 4 in the same or similar manner, and for the same
or similar purposes, as those persons who are authorized to access similar
private data on individuals under federal and state law:
(1) a prescriber, to the extent the information
relates specifically to a current patient, to whom the prescriber is
prescribing or considering prescribing any controlled substance;
(2) a dispenser, to the extent the information relates
specifically to a current patient to whom that dispenser is dispensing or
considering dispensing any controlled substance;
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(3) an individual who is the recipient of a controlled
substance prescription for which data was submitted under subdivision 4, or a guardian
of the individual, parent or guardian of a minor, or health care agent of the
individual acting under a health care directive under chapter 145C;
(4) personnel of the board specifically assigned to
conduct a bona fide investigation of a specific licensee;
(5) personnel of the board engaged in the collection of
controlled substance prescription information as part of the assigned duties
and responsibilities under this section;
(6) authorized personnel of a vendor under contract with
the board who are engaged in the design, implementation, operation, and
maintenance of the electronic reporting system as part of the assigned duties
and responsibilities of their employment, provided that access to data is
limited to the minimum amount necessary to test and maintain the system
databases carry out such duties and responsibilities;
(7) federal, state, and local law enforcement
authorities acting pursuant to a valid search warrant; and
(8) personnel of the medical assistance program assigned
to use the data collected under this section to identify recipients whose usage
of controlled substances may warrant restriction to a single primary care
physician, a single outpatient pharmacy, or a single hospital.
For purposes of clause (3), access by an individual
includes persons in the definition of an individual under section 13.02.
(c) Any permissible user identified in paragraph (b),
who directly accesses the data electronically, shall implement and maintain a
comprehensive information security program that contains administrative,
technical, and physical safeguards that are appropriate to the user's size and
complexity, and the sensitivity of the personal information obtained. The permissible user shall identify
reasonably foreseeable internal and external risks to the security,
confidentiality, and integrity of personal information that could result in the
unauthorized disclosure, misuse, or other compromise of the information and
assess the sufficiency of any safeguards in place to control the risks.
(d) The board shall not release data submitted under
this section unless it is provided with evidence, satisfactory to the board,
that the person requesting the information is entitled to receive the data.
(e) The board shall not release the name of a
prescriber without the written consent of the prescriber or a valid search
warrant or court order. The board shall
provide a mechanism for a prescriber to submit to the board a signed consent
authorizing the release of the prescriber's name when data containing the
prescriber's name is requested.
(f) The board shall maintain a log of all persons who
access the data and shall ensure that any permissible user complies with
paragraph (c) prior to attaining direct access to the data.
(g) Section 13.05, subdivision 6,
shall apply to any contract the board enters into pursuant to subdivision
2. A vendor shall not use data collected
under this section for any purpose not specified in this section.
Sec. 12. REPEALER.
Minnesota Statutes 2008, section
148D.180, subdivision 8, is repealed.
ARTICLE 12
HUMAN SERVICES FORECAST ADJUSTMENTS
Section 1.
SUMMARY OF APPROPRIATIONS;
DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENT.
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The dollar amounts shown
are added to or, if shown in parentheses, are subtracted from the
appropriations in Laws 2008, chapter 363, from the general fund, or any other
fund named, to the Department of Human Services for the purposes specified in
this article, to be available for the fiscal year indicated for each
purpose. The figure "2009"
used in this article means that the appropriation or appropriations listed are
available for the fiscal year ending June 30, 2009.
Sec. 2. COMMISSIONER OF HUMAN SERVICES
Subdivision 1. Total
Appropriation $(478,994,000)
Appropriations
by Fund
2009
General (445,130,000)
Health
Care Access (19,460,000)
Federal
TANF (14,404,000)
Subd. 2. Revenue
and Pass-Through
Federal
TANF 1,107,000
Subd. 3. Children
and Economic Assistance Grants
General 27,002,000
Federal
TANF (16,211,000)
The amounts that may be spent from this appropriation
for each purpose are as follows:
(a) MFIP/DWP
Grants
General 17,530,000
Federal
TANF (16,211,000)
(b) MFIP Child
Care Assistance Grants 4,933,000
(c) General
Assistance Grants 1,458,000
(d) Minnesota
Supplemental Aid Grants 513,000
(e) Group
Residential Housing Grants 2,568,000
Subd. 4. Basic
Health Care Grants
General (224,341,000)
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Health Care Access (19,460,000)
The amounts that may be spent from
this appropriation for each purpose are as follows:
(a) MinnesotaCare
Health Care Access (19,460,000)
(b) MA Basic Health
Care - Families and Children (100,055,000)
(c) MA Basic
Health Care - Elderly and Disabled (136,795,000)
(d) General
Assistance Medical Care 12,539,000
Subd.
5. Continuing Care Grants (247,791,000)
The amounts that may be spent from
this appropriation for each purpose are as follows:
(a) MA Long-Term
Care Facilities (59,204,000)
(b) MA Long-Term
Care Waivers (168,927,000)
(c) Chemical
Dependency Entitlement Grants (19,660,000)
Sec. 3. EFFECTIVE
DATE.
Sections 1 and 2 are effective the day
following final enactment.
ARTICLE 13
APPROPRIATIONS
Section 1.
SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations by fund made in this article.
2010 2011 Total
General $4,452,323,000 $5,280,470,000 $9,732,793,000
State Government Special Revenue 62,451,000 61,515,000 123,966,000
Health Care Access 489,995,000 568,298,000 1,058,293,000
Federal TANF 301,220,000 268,711,000 569,931,000
Lottery Prize 1,665,000 1,665,000 3,330,000
Federal Fund 110,000,000 0 110,000,000
Total $5,417,704,000 $6,180,659,000 $11,598,363,000
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Sec. 2. HEALTH
AND HUMAN SERVICES APPROPRIATION.
The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
The appropriations are from the general fund, or another named fund, and
are available for the fiscal years indicated for each purpose. The figures "2010" and
"2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010
and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 3.
HUMAN SERVICES
Subdivision 1. Total
Appropriation $5,230,100,000 $5,997,715,000
Appropriations
by Fund
2010 2011
General 4,376,839,000 5,211,018,000
State
Government
Special Revenue 1,315,000 565,000
Health
Care Access 450,792,000 527,489,000
Federal
TANF 289,487,000 256,978,000
Lottery
Prize 1,665,000 1,665,000
Federal
Fund 110,000,000 0
Receipts for Systems Projects. Appropriations
and federal receipts for information systems projects for MAXIS, PRISM, MMIS,
and SSIS must be deposited in the state system account authorized in Minnesota
Statutes, section 256.014. Money
appropriated for computer projects approved by the Minnesota Office of
Enterprise Technology, 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, except that any transfers to one project that exceed $1,000,000 or
multiple transfers to one project that exceed $1,000,000 in total require the
express approval of the legislature. The
preceding requirement for legislative approval does not apply to transfers made
to establish a project's initial operating budget each year; instead, the
requirements of section 11, subdivision 2, of this article apply to
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those transfers.
Any unexpended balance in the appropriation for these projects does not
cancel but is available for ongoing development and operations. Any computer project with a total cost
exceeding $1,000,000, including, but not limited to, a replacement for the
proposed HealthMatch system, shall not be commenced without the express
approval of the legislature.
HealthMatch Systems Project.
In fiscal year 2010, $3,054,000 shall be transferred from the HealthMatch
account in the state systems account in the special revenue fund to the general
fund.
Nonfederal Share Transfers.
The nonfederal share of activities for which federal administrative
reimbursement is appropriated to the commissioner may be transferred to the
special revenue fund.
TANF Maintenance of Effort.
(a) In order to meet the basic
maintenance of effort (MOE) requirements of the TANF block grant specified
under Code of Federal Regulations, title 45, section 263.1, the commissioner
may only report nonfederal money expended for allowable activities listed in
the following clauses as TANF/MOE expenditures:
(1) MFIP cash, diversionary work
program, and food assistance benefits under Minnesota Statutes, chapter 256J;
(2) the child care assistance
programs under Minnesota Statutes, sections 119B.03 and 119B.05, and county
child care administrative costs under Minnesota Statutes, section 119B.15;
(3) state and county MFIP
administrative costs under Minnesota Statutes, chapters 256J and 256K;
(4) state, county, and tribal MFIP
employment services under Minnesota Statutes, chapters 256J and 256K;
(5) expenditures made on behalf of
noncitizen MFIP recipients who qualify for the medical assistance without
federal financial participation program under Minnesota Statutes, section
256B.06, subdivision 4, paragraphs (d), (e), and (j); and
(6) qualifying working family credit
expenditures under Minnesota Statutes, section 290.0671.
(b) The commissioner shall ensure that
sufficient qualified nonfederal expenditures are made each year to meet the
state's TANF/MOE requirements. For the
activities listed in paragraph (a), clauses (2) to (6), the commissioner may
only report expenditures that are excluded from the definition of assistance
under Code of Federal Regulations, title 45, section 260.31.
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(c) For fiscal years beginning with state fiscal year
2003, the commissioner shall ensure that the maintenance of effort used by the
commissioner of finance for the February and November forecasts required under
Minnesota Statutes, section 16A.103, contains expenditures under paragraph (a),
clause (1), equal to at least 16 percent of the total required under Code of
Federal Regulations, title 45, section 263.1.
(d) For the federal fiscal years beginning on or after
October 1, 2007, the commissioner may not claim an amount of TANF/MOE in excess
of the 75 percent standard in Code of Federal Regulations, title 45, section
263.1(a)(2), except:
(1) to the extent necessary to meet the 80 percent
standard under Code of Federal Regulations, title 45, section 263.1(a)(1), if
it is determined by the commissioner that the state will not meet the TANF work
participation target rate for the current year;
(2) to provide any additional amounts under Code of
Federal Regulations, title 45, section 264.5, that relate to replacement of
TANF funds due to the operation of TANF penalties; and
(3) to provide any additional amounts that may
contribute to avoiding or reducing TANF work participation penalties through
the operation of the excess MOE provisions of Code of Federal Regulations,
title 45, section 261.43(a)(2).
For the purposes of clauses (1) to (3), the
commissioner may supplement the MOE claim with working family credit
expenditures to the extent such expenditures or other qualified expenditures are
otherwise available after considering the expenditures allowed in this section.
(e) Minnesota Statutes, section 256.011, subdivision
3, which requires that federal grants or aids secured or obtained under that
subdivision be used to reduce any direct appropriations provided by law, do not
apply if the grants or aids are federal TANF funds.
(f) Notwithstanding any contrary provision in this
article, this provision expires June 30, 2013.
Working Family Credit Expenditures as
TANF/MOE. The commissioner may claim as TANF/MOE up
to $6,707,000 per year of working family credit expenditures for fiscal year
2010 through fiscal year 2011.
Working Family Credit Expenditures to
be Claimed for TANF/MOE. The commissioner may count the following
amounts of working family credit expenditure as TANF/MOE:
(1) fiscal year 2010, $30,217,000;
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(2) fiscal year 2011, $55,596,000;
(3) fiscal year 2012, $28,519,000; and
(4) fiscal year 2013, $22,138,000.
Notwithstanding any contrary provision in this
article, this rider expires June 30, 2013.
TANF Transfer to Federal Child Care
and Development Fund. The following TANF fund amounts are appropriated to
the commissioner for the purposes of MFIP and transition year child care under
Minnesota Statutes, section 119B.05:
(1) fiscal year 2010, $5,909,000;
(2) fiscal year 2011, $9,808,000;
(3) fiscal year 2012, $10,826,000; and
(4) fiscal year 2013, $4,026,000.
The commissioner shall authorize the transfer of
sufficient TANF funds to the federal child care and development fund to meet
this appropriation and shall ensure that all transferred funds are expended
according to federal child care and development fund regulations.
Food Stamps Employment and Training. (a) The
commissioner shall apply for and claim the maximum allowable federal matching
funds under United States Code, title 7, section 2025, paragraph (h), for state
expenditures made on behalf of family stabilization services participants
voluntarily engaged in food stamp employment and training activities, where
appropriate.
(b) Notwithstanding Minnesota Statutes, sections
256D.051, subdivisions 1a, 6b, and 6c, and 256J.626, federal food stamps
employment and training funds received as reimbursement of MFIP consolidated
fund grant expenditures for diversionary work program participants and child
care assistance program expenditures for two-parent families must be deposited
in the general fund. The amount of funds
must be limited to $3,350,000 in fiscal year 2010 and $4,440,000 in fiscal
years 2011 through 2013, contingent on approval by the federal Food and
Nutrition Service.
(c) Consistent with the receipt of these federal
funds, the commissioner may adjust the level of working family credit
expenditures claimed as TANF maintenance of effort. Notwithstanding any contrary provision in
this article, this rider expires June 30, 2013.
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ARRA Food Support Administration.
The funds available for food support administration under the
American Recovery and Reinvestment Act (ARRA) of 2009 are appropriated to the
commissioner to pay actual costs of implementing the food support benefit
increases, increased eligibility determinations, and outreach. Of these funds, 20 percent shall be allocated
to the commissioner and 80 percent shall be allocated to counties. The commissioner shall allocate the county
portion based on caseload. Reimbursement
shall be based on actual costs reported by counties through existing
processes. Tribal reimbursement must be
made from the state portion based on a caseload factor equivalent to that of a
county.
ARRA Food Support Benefit Increases.
The funds provided for food support benefit increases under the
Supplemental Nutrition Assistance Program provisions of the American Recovery
and Reinvestment Act (ARRA) of 2009 must be used for benefit increases
beginning July 1, 2009.
Emergency Fund for the TANF Program.
TANF Emergency Contingency funds available under the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5) are appropriated to the
commissioner. The commissioner must
request TANF Emergency Contingency funds from the Secretary of the Department
of Health and Human Services to the extent the commissioner meets or expects to
meet the requirements of section 403(c) of the Social Security Act. The commissioner must seek to maximize such
grants. The funds received must be used
as appropriated. Each county must
maintain the county's current level of emergency assistance funding under the
MFIP consolidated fund and use the funds under this paragraph to supplement
existing emergency assistance funding levels.
Subd.
2. Agency Management
The amounts that may be spent from the
appropriation for each purpose are as follows:
(a) Financial Operations
Appropriations
by Fund
General 3,380,000 3,908,000
Health Care Access 1,281,000 1,016,000
Federal TANF 122,000 122,000
(b) Legal and Regulatory Operations
Appropriations
by Fund
General 13,749,000 13,534,000
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State Government
Special Revenue 440,000 440,000
Health Care Access 943,000 943,000
Federal TANF 100,000 100,000
(c) Management Operations
Appropriations
by Fund
General 4,334,000 4,562,000
Health Care Access 242,000 242,000
Lease Cost Reduction. Base level
funding to the commissioner shall be reduced by $381,000 in fiscal year 2010,
and $153,000 in fiscal year 2011, to reflect a reduction in lease costs related
to the Minnehaha Avenue building.
Base Adjustment. The general fund base is increased by
$153,000 in each
of fiscal years 2012 and 2013.
(d) Information Technology Operations
Appropriations
by Fund
General 28,077,000 28,077,000
Health Care Access 4,856,000 4,868,000
Subd.
3. Revenue and Pass-Through Revenue Expenditures 65,746,000 67,068,000
This appropriation is from the federal
TANF fund.
Subd.
4. Children and Economic Assistance Grants
The amounts that may be spent from this
appropriation for each purpose are as follows:
(a) MFIP/DWP Grants
Appropriations
by Fund
General 63,205,000 89,033,000
Federal TANF 100,404,000 85,789,000
(b) Support Services Grants
Appropriations
by Fund
General 8,715,000 12,498,000
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Federal
TANF 121,257,000 102,757,000
MFIP Consolidated Fund. The
MFIP consolidated fund TANF appropriation is reduced by $1,854,000 in fiscal
year 2011 and fiscal year 2012.
Notwithstanding Minnesota Statutes, section 256J.626,
subdivision 8, paragraph (b), the commissioner shall reduce proportionately the
reimbursement to counties for administrative expenses.
Subsidized Employment Funding Through
ARRA. The commissioner is authorized to apply for TANF
emergency fund grants for subsidized employment activities. Growth in expenditures for subsidized employment
within the supported work program and the MFIP consolidated fund over the
amount expended in the calendar quarters in the TANF emergency fund base year
shall be used to leverage the TANF emergency fund grants for subsidized
employment and to fund supported work.
The commissioner shall develop procedures to maximize reimbursement of
these expenditures over the TANF emergency fund base year quarters, and may
contract directly with employers and providers to maximize these TANF emergency
fund grants.
Supported Work. Of the TANF
appropriation, $6,400,000 in fiscal year 2011 is to the commissioner for
supported work for MFIP recipients and is available until expended. Supported work includes paid transitional
work experience and a continuum of employment assistance, including outreach
and recruitment, program orientation and intake, testing and assessment, job
development and marketing, preworksite training, supported worksite experience,
job coaching, and postplacement follow-up, in addition to extensive case
management and referral services.
Base Adjustment. The general
fund base is reduced by $3,783,000 in each of fiscal years 2012 and 2013. The TANF fund base is increased by $9,704,000
in each of fiscal years 2012 and 2013.
Integrated Services Program
Funding. The TANF appropriation for integrated services program
funding is $1,250,000 in fiscal year 2010 and $2,500,000 in fiscal year 2011.
TANF Emergency Fund; Nonrecurrent Short-Term Benefits. TANF emergency contingency fund
grants received due to increases in expenditures for nonrecurrent short-term
benefits must be used to offset the increase in these expenditures for counties
under the MFIP consolidated fund, under Minnesota Statutes, section 256J.626,
and the diversionary work program. The
commissioner shall develop procedures to maximize reimbursement of these
expenditures over the TANF emergency fund base year quarters. Growth in expenditures for the
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diversionary work program over the amount expended in
the calendar quarters in the TANF emergency fund base year shall be used to
leverage these funds.
(c) MFIP Child Care Assistance Grants
Appropriations
by Fund
General 61,171,000 65,214,000
Federal
TANF 1,022,000 406,000
ARRA Child Care Development Block
Grant Funds. The funds available from the child care
development block grant under ARRA must be used for MFIP child care to the
extent that those funds are not earmarked for quality expansion or to improve
the quality of infant and toddler care.
Acceleration of ARRA Child Care and
Development Fund Expenditure. The commissioner must liquidate all child
care and development money available under the American Recovery and
Reinvestment Act (ARRA) of 2009, Public Law 111-5, by September 30, 2010. In order to expend those funds by September
30, 2010, the commissioner may redesignate and expend the ARRA child care and
development funds appropriated in fiscal year 2011 for purposes under this
section for related purposes that will allow liquidation by September 30,
2010. Child care and development funds otherwise
available to the commissioner for those related purposes shall be used to fund
the purposes from which the ARRA child care and development funds had been
redesignated.
(d) Basic Sliding Fee Child Care Assistance Grants 40,104,000 45,096,000
Base Adjustment. The general
fund base is decreased by $260,000 in each of fiscal years 2012 and 2013.
School Readiness Service Agreements. $261,000 in
fiscal year 2010 and $261,000 in fiscal year 2011 are from the federal child
care development funds received from the American Recovery and Reinvestment Act
of 2009, Public Law 111-5, to the commissioner of human services consistent
with federal regulations for the purpose of school readiness service agreements
under Minnesota Statutes, section 119B.231.
This is a onetime appropriation.
Any unexpended balance the first year is available in the second year.
Child Care Development Fund
Unexpended Balance. In addition to the amount provided in this
section, the commissioner shall expend $5,244,000 in fiscal year 2010 from the
federal child care development fund unexpended balance for basic sliding fee
child care under Minnesota Statutes, section 119B.03. The
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commissioner shall ensure that all child care and
development funds are expended according to the federal child care and
development fund regulations.
Basic Sliding Fee. $7,045,000 in
fiscal year 2010 and $6,974,000 in fiscal year 2011 are from the federal child
care development funds received from the American Recovery and Reinvestment Act
of 2009, Public Law 111-5, to the commissioner of human services consistent
with federal regulations for the purpose of basic sliding fee child care
assistance under Minnesota Statutes, section 119B.03. This is a onetime appropriation. Any unexpended balance the first year is
available in the second year.
Basic Sliding Fee Allocation for Calendar Year 2010. Notwithstanding Minnesota Statutes, section 119B.03,
subdivision 6, in calendar year 2010, basic sliding fee funds shall be
distributed according to this provision.
Funds shall be allocated first in amounts equal to each county's
guaranteed floor, according to Minnesota Statutes, section 119B.03, subdivision
8, with any remaining available funds allocated according to the following
formula:
(a) Up to one-fourth of the funds
shall be allocated in proportion to the number of families participating in the
transition year child care program as reported during and averaged over the
most recent six months completed at the time of the notice of allocation. Funds in excess of the amount necessary to
serve all families in this category shall be allocated according to
paragraph (d).
(b) Up to three-fourths of the funds
shall be allocated in proportion to the average of each county's most recent
six months of reported waiting list as defined in Minnesota Statutes, section
119B.03, subdivision 2, and the reinstatement list of those families whose
assistance was terminated with the approval of the commissioner under Minnesota
Rules, part 3400.0183, subpart 1. Funds
in excess of the amount necessary to serve all families in this category shall
be allocated according to paragraph (d).
(c) The amount necessary to serve all
families in paragraphs (a) and (b) shall be calculated based on the basic
sliding fee average cost of care per family in the county with the highest cost
in the most recently completed calendar year.
(d) Funds in excess of the amount
necessary to serve all families in paragraphs (a) and (b) shall be allocated in
proportion to each county's total expenditures for the basic sliding fee child
care program reported during the most recent fiscal year completed at the time
of the notice of allocation. To the
extent that funds are available, and notwithstanding Minnesota Statutes,
section 119B.03, subdivision 8, for the period January 1, 2011, to December 31,
2011, each county's guaranteed floor must be equal to its original calendar
year 2010 allocation.
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(e) Child Care Development Grants 1,487,000 1,487,000
Family, friends, and neighbor grants.
$375,000 in fiscal year 2010 and $375,000 in fiscal year 2011 are
from the child care development fund required targeted quality funds for
quality expansion and infant/toddler from the American Recovery and
Reinvestment Act of 2009, Public Law 111-5, to the commissioner of human
services for family, friends, and neighbor grants under Minnesota Statutes,
section 119B.232. This appropriation may
be used on programs receiving family, friends, and neighbor grant funds as of
June 30, 2009, or on new programs or projects.
This is a onetime appropriation.
Any unexpended balance the first year is available in the second year.
Voluntary quality rating system training, coaching,
consultation, and supports. $633,000 in fiscal
year 2010 and $633,000 in fiscal year 2011 are from the federal child care
development fund required targeted quality funds for quality expansion and
infant/toddler from the American Recovery and Reinvestment Act of 2009, Public
Law 111-5, to the commissioner of human services consistent with federal
regulations for the purpose of providing grants to provide statewide child-care
provider training, coaching, consultation, and supports to prepare for the
voluntary Minnesota quality rating system rating tool. This is a onetime appropriation. Any unexpended balance the first year is
available in the second year.
Voluntary quality rating system.
$184,000 in fiscal year 2010 and $1,200,000 in fiscal year 2011 are
from the federal child care development fund required targeted funds for
quality expansion and infant/toddler from the American Recovery and
Reinvestment Act of 2009, Public Law 111-5, to the commissioner of human
services consistent with federal regulations for the purpose of implementing
the voluntary Parent Aware quality star rating system pilot in coordination
with the Minnesota Early Learning Foundation.
The appropriation for the first year is to complete and promote the
voluntary Parent Aware quality rating system pilot program through June 30, 2010,
and the appropriation for the second year is to continue the voluntary
Minnesota quality rating system pilot through June 30, 2011. This is a onetime appropriation. Any unexpended balance the first year is
available in the second year.
(f) Child Support Enforcement Grants 3,705,000 3,705,000
(g) Children's Services Grants
Appropriations
by Fund
General 48,333,000 50,498,000
Federal TANF 340,000 240,000
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Base Adjustment. The general
fund base is decreased by $5,371,000 in fiscal year 2012 and increased
$8,737,000 in fiscal year 2013.
Privatized Adoption Grants. Federal
reimbursement for privatized adoption grant and foster care recruitment grant
expenditures is appropriated to the commissioner for adoption grants and foster
care and adoption administrative purposes.
Adoption Assistance Incentive Grants. Federal
funds available during fiscal year 2010 and fiscal year 2011 for the adoption
incentive grants are appropriated to the commissioner for these purposes.
Adoption Assistance and Relative
Custody Assistance. The commissioner may transfer unencumbered
appropriation balances for adoption assistance and relative custody assistance
between fiscal years and between programs.
(h) Children and Community Services Grants 67,663,000 67,542,000
Targeted Case Management Temporary
Funding Adjustment. The commissioner shall recover from each county and
tribe receiving a targeted case management temporary funding payment in fiscal year
2008 an amount equal to that payment.
The commissioner shall recover one-half of the funds by February 1,
2010, and the remainder by February 1, 2011.
At the commissioner's discretion and at the request of a county or
tribe, the commissioner may revise the payment schedule, but full payment must
not be delayed beyond May 1, 2011. The
commissioner may use the recovery procedure under Minnesota Statutes, section
256.017, to recover the funds. Recovered
funds must be deposited into the general fund.
(i) General Assistance Grants 48,215,000 48,608,000
General Assistance 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 parents or a legal guardian at $203. The commissioner may reduce this amount
according to Laws 1997, chapter 85, article 3, section 54.
Emergency General Assistance. The amount
appropriated for emergency general assistance funds is limited to no more than
$7,889,812 in fiscal year 2010 and $7,889,812 in fiscal year 2011. Funds to counties must be allocated by the
commissioner using the allocation method specified in Minnesota Statutes,
section 256D.06.
(j) Minnesota Supplemental Aid Grants 33,930,000 35,191,000
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Emergency Minnesota Supplemental Aid Funds.
The amount appropriated for emergency Minnesota supplemental aid
funds is limited to no more than $1,100,000 in fiscal year 2010 and $1,100,000
in fiscal year 2011. Funds to counties
must be allocated by the commissioner using the allocation method specified in
Minnesota Statutes, section 256D.46.
(k) Group Residential Housing Grants 111,778,000 114,034,000
Group Residential Housing Costs Refinanced.
(a) Effective July 1, 2011, the commissioner shall increase the home
and community‑based service rates and county allocations provided to
programs for persons with disabilities established under section 1915(c) of the
Social Security Act to the extent that these programs will be paying for the
costs above the rate established in Minnesota Statutes, section 256I.05,
subdivision 1.
(b) For persons receiving services
under Minnesota Statutes, section 245A.02, who reside in licensed adult foster
care beds for which a difficulty of care payment was being made under Minnesota
Statutes, section 256I.05, subdivision 1c, paragraph (b), counties may request
an exception to the individual's service authorization not to exceed the
difference between the client's monthly service expenditures plus the amount of
the difficulty of care payment.
(l) Children's Mental Health Grants 16,885,000 16,882,000
Funding Usage. Up to 75 percent of
a fiscal year's appropriation for children's mental health grants may be used
to fund allocations in that portion of the fiscal year ending December 31.
(m) Other Children and Economic Assistance Grants 16,047,000 15,339,000
Fraud Prevention Grants. Of this
appropriation, $379,000 in fiscal year 2010 and $379,000 in fiscal year 2011 is
to the commissioner for fraud prevention grants to counties.
Homeless and Runaway Youth.
$218,000 in fiscal year 2010 is for the Runaway and Homeless Youth
Act under Minnesota Statutes, section 256K.45.
Funds shall be spent in each area of the continuum of care to ensure
that programs are meeting the greatest need.
Any unexpended balance in the first year is available in the second
year. Beginning July 1, 2011, the base
is increased by $119,000 each year.
ARRA Homeless Youth Funds.
To the extent permitted under federal law, the commissioner shall
designate $2,500,000 of the Homeless Prevention and Rapid Re-Housing Program
funds provided under the American Recovery and Reinvestment Act of 2009, Public
Law 111-5, for agencies providing homelessness prevention and rapid rehousing
services to youth.
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Supportive Housing Services. $1,500,000
each year is for supportive services under Minnesota Statutes, section
256K.26. This is a onetime
appropriation. Beginning in fiscal year
2012, the base is increased by $68,000 per year.
Community Action Grants. Community
action grants are reduced one time by $1,764,000 each year. This reduction is due to the availability of
federal funds under the American Recovery and Reinvestment Act.
Base Adjustment. The general
fund base is increased by $773,000 in fiscal year 2012 and $773,000 in fiscal
year 2013.
Federal ARRA Funds for Existing
Programs. (a) Federal funds received by the
commissioner for the emergency food and shelter program from the American
Recovery and Reinvestment Act of 2009, Public Law 111-5, but not previously
approved by the legislature are appropriated to the commissioner for the
purposes of the grant program.
(b) Federal funds received by the commissioner for the
emergency shelter grant program including the Homelessness Prevention and Rapid
Re-Housing Program from the American Recovery and Reinvestment Act of 2009,
Public Law 111-5, are appropriated to the commissioner for the purposes of the
grant programs.
(c) Federal funds received by the commissioner for the
emergency food assistance program from the American Recovery and Reinvestment
Act of 2009, Public Law 111-5, are appropriated to the commissioner for the
purposes of the grant program.
(d) Federal funds received by the commissioner for
senior congregate meals and senior home-delivered meals from the American
Recovery and Reinvestment Act of 2009, Public Law 111-5, are appropriated to
the commissioner for the Minnesota Board on Aging, for purposes of the grant
programs.
(e) Federal funds received by the commissioner for the
community services block grant program from the American Recovery and
Reinvestment Act of 2009, Public Law 111-5, are appropriated to the
commissioner for the purposes of the grant program.
Long-Term Homeless Supportive Service
Fund Appropriation. To the extent permitted under federal law, the
commissioner shall designate $3,000,000 of the Homelessness Prevention and
Rapid Re-Housing Program funds provided under the American Recovery and
Reinvestment Act of 2009, Public Law, 111-5, to the long-term homeless
service fund under Minnesota Statutes, section 256K.26. This appropriation shall become available by
July 1, 2009. This paragraph
is effective the day following final enactment.
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Subd.
5. Children and Economic Assistance Management
The amounts that may be spent from
the appropriation for each purpose are as follows:
(a) Children and Economic Assistance Administration
Appropriations
by Fund
General 10,318,000 10,308,000
Federal TANF 496,000 496,000
Base Adjustment. The federal TANF
base is increased by $700,000 in each of fiscal years 2012 and 2013.
School Readiness Service Agreements.
$406,000 in fiscal year 2010 and $406,000 in fiscal year 2011 are
from the federal child care development funds received from the American
Recovery and Reinvestment Act of 2009, Public Law 111-5, to the commissioner of
human services consistent with federal regulations for the purpose of school readiness
service agreements under Minnesota Statutes, section 119B.231. This is a onetime appropriation. Any unexpended balance the first year is
available in the second year.
(b) Children and Economic Assistance Operations
Appropriations
by Fund
General 33,590,000 33,423,000
Health Care Access 361,000 361,000
Financial Institution Data Match and Payment of Fees.
The commissioner is authorized to allocate up to $310,000 each year
in fiscal years 2010 and 2011 from the PRISM special revenue account to make
payments to financial institutions in exchange for performing data matches
between account information held by financial institutions and the public
authority's database of child support obligors as authorized by Minnesota
Statutes, section 13B.06, subdivision 7.
School Readiness Service Agreements.
$106,000 in fiscal year 2010 and $241,000 in fiscal year 2011 are
from the federal child care development funds received from the American
Recovery and Reinvestment Act of 2009, Public Law 111-5, to the commissioner of
human services consistent with federal regulations for the purpose of school
readiness service agreements under Minnesota Statutes, section 119B.231. This is a onetime appropriation.
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Use of Federal Stabilization Funds.
$33,000,000 in fiscal year 2010 is appropriated from the fiscal
stabilization account in the federal fund to the commissioner. This appropriation must not be used for any
activity or service for which federal reimbursement is claimed. This is a onetime appropriation.
Subd.
6. Basic Health Care Grants
The amounts that may be spent from
this appropriation for each purpose are as follows:
(a) MinnesotaCare Grants 391,915,000 485,448,000
This appropriation is from the health
care access fund.
(b) MA Basic Health Care Grants - Families and Children 751,988,000 973,088,000
Medical Education Research Costs (MERC).
Of these funds, the commissioner of human services shall transfer
$38,000,000 in fiscal year 2010 to the medical education research fund. These funds must restore the fiscal year 2009
unallotment of the transfers under Minnesota Statutes, section 256B.69,
subdivision 5c, paragraph (a), for the July 1, 2008, through June 30, 2009,
period.
Newborn Screening Fee. Of the
general fund appropriation, $34,000 in fiscal year 2011 is to the commissioner
for the hospital reimbursement increase described under Minnesota Statutes,
section 256.969, subdivision 28.
Local Share Payment Modification Required for ARRA
Compliance. Effective from July 1, 2009, to December 31,
2010, Hennepin County's monthly contribution to the nonfederal share of medical
assistance costs must be reduced to the percentage required on September 1,
2008, to meet federal requirements for enhanced federal match under the
American Reinvestment and Recovery Act (ARRA) of 2009. Notwithstanding the requirements of Minnesota
Statutes, section 256B.19, subdivision 1c, paragraph (d), for the period
beginning July 1, 2009, to December 31, 2010, Hennepin County's monthly payment
under that provision is reduced to $434,688.
Capitation Payments. Effective
from July 1, 2009, to December 31, 2010, notwithstanding the provisions of
Minnesota Statutes 2008, section 256B.19, subdivision 1c, paragraph (c), the
commissioner shall increase capitation payments made to the Metropolitan Health
Plan under Minnesota Statutes 2008, section 256B.69, by $6,800,000 to recognize
higher than average medical education costs.
The increased amount includes federal matching funds.
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Use of Savings. Any savings
derived from implementation of the prohibition in Minnesota Statutes, section
256B.032, on the enrollment of low-quality, high-cost health care providers as
vendors of state health care program services shall be used to offset on a pro
rata basis the reimbursement reductions for basic care services in Minnesota
Statutes, section 256B.766.
(c) MA Basic Health Care Grants - Elderly and Disabled 970,183,000 1,142,310,000
Minnesota Disability Health Options.
Notwithstanding Minnesota Statutes, section 256B.69, subdivision 5a,
paragraph (b), for the period beginning July 1, 2009, to June 30, 2011, the
monthly enrollment of persons receiving home and community-based waivered
services under Minnesota Disability Health Options shall not exceed 1,000. If the budget neutrality provision in
Minnesota Statutes, section 256B.69, subdivision 23, paragraph (f), is reached
prior to June 30, 2013, the commissioner may waive this monthly enrollment
requirement.
Hospital Fee-for-Service Payment Delay.
Payments from the Medicaid Management Information System that would
otherwise have been made for inpatient hospital services for Minnesota health
care program enrollees must be delayed as follows: for fiscal year 2011, payments in the month
of June equal to $15,937,000 must be included in the first payment of fiscal
year 2012 and for fiscal year 2013, payments in the month of June equal to
$6,666,000 must be included in the first payment of fiscal year 2014. The provisions of Minnesota Statutes, section
16A.124, do not apply to these delayed payments. Notwithstanding any contrary provision
in this article, this paragraph expires December 31, 2014.
Nonhospital Fee-for-Service Payment Delay.
Payments from the Medicaid Management Information System that would
otherwise have been made for nonhospital acute care services for Minnesota
health care program enrollees must be delayed as follows: payments in the month of June equal to
$23,438,000 for fiscal year 2011 must be included in the first payment for
fiscal year 2012, and payments in the month of June equal to $27,156,000 for
fiscal year 2013 must be included in the first payment for fiscal year 2014. This payment delay must not include nursing
facilities, intermediate care facilities for persons with developmental
disabilities, home and community-based services, prepaid health plans, personal
care provider organizations, and home health agencies. The provisions of Minnesota Statutes, section
16A.124, do not apply to these delayed payments. Notwithstanding any contrary provision
in this article, this paragraph expires December 31, 2014.
(d) General Assistance Medical Care Grants 345,223,000 381,081,000
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(e) Other Health Care Grants
Appropriations
by Fund
General 295,000 295,000
Health Care Access 23,533,000 7,080,000
Base Adjustment. The health care
access fund base is reduced to $190,000 in each of fiscal years 2012 and 2013.
Subd.
7. Health Care Management
The amounts that may be spent from the
appropriation for each purpose are as follows:
(a) Health Care Administration
Appropriations
by Fund
General 7,831,000 7,742,000
Health Care Access 1,812,000 906,000
(b) Health Care Operations
Appropriations
by Fund
General 19,914,000 18,949,000
Health Care Access 25,099,000 25,875,000
Base Adjustment. The health care
access fund base is increased by $1,006,000 in fiscal year 2012 and $1,781,000
in fiscal year 2013. The general fund
base is decreased by $237,000 in fiscal year 2012 and $237,000 in fiscal year
2013.
Subd.
8. Continuing Care Grants
The amounts that may be spent from the
appropriation for each purpose are as follows:
(a) Aging and Adult Services Grants
Appropriations
by Fund
General 13,488,000 15,779,000
Federal 500,000 0
Base Adjustment. The general fund
base is increased by $5,751,000 in fiscal year 2012 and $6,705,000 in fiscal
year 2013.
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Information and Assistance Reimbursement.
Federal administrative reimbursement obtained from information and
assistance services provided by the Senior LinkAge or Disability Linkage lines
to people who are identified as eligible for medical assistance shall be
appropriated to the commissioner for this activity.
Community Service Development Grant Reduction.
Funding for community service development grants must be reduced by
$251,000 for fiscal year 2010; $266,000 in fiscal year 2011; $25,000 in fiscal
year 2012; and $25,000 in fiscal year 2013.
Base level funding shall be restored in fiscal year 2014.
Senior Nutrition Use of Federal Funds.
For fiscal year 2010, general fund grants for home-delivered meals
and congregate dining shall be reduced by $500,000. The commissioner must replace these general
fund reductions with equal amounts from federal funding for senior nutrition
from the American Recovery and Reinvestment Act of 2009.
(b) Alternative Care Grants 50,234,000 48,576,000
Base Adjustment. The general fund
base is decreased by $3,598,000 in fiscal year 2012 and $3,470,000 in fiscal
year 2013.
Alternative Care Transfer.
Any money allocated to the alternative care program that is not spent
for the purposes indicated does not cancel but must be transferred to the
medical assistance account.
(c) Medical Assistance Grants; Long-Term Care Facilities. 367,444,000 419,749,000
(d) Medical Assistance Long-Term Care
Waivers and Home Care Grants 854,373,000 1,043,411,000
Manage Growth in TBI and CADI Waivers.
During the fiscal years beginning on July 1, 2009, and July 1, 2010,
the commissioner shall allocate money for home and community-based waiver
programs under Minnesota Statutes, section 256B.49, to ensure a reduction in
state spending that is equivalent to limiting the caseload growth of the TBI
waiver to 12.5 allocations per month each year of the biennium and the CADI
waiver to 95 allocations per month each year of the biennium. Limits do not apply: (1) when there is an
approved plan for nursing facility bed closures for individuals under age 65
who require relocation due to the bed closure; (2) to fiscal year 2009 waiver
allocations delayed due to unallotment; or (3) to transfers authorized by the
commissioner from the personal care assistance program of individuals having a
home care rating of "CS," "MT," or "HL."
Priorities for the allocation of funds must be for individuals anticipated to
be discharged from institutional settings or who are at imminent risk of a placement
in an institutional setting.
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Manage Growth in DD Waiver.
The commissioner shall manage the growth in the DD waiver by limiting
the allocations included in the February 2009 forecast to 15 additional
diversion allocations each month for the calendar years that begin on
January 1, 2010, and January 1, 2011.
Additional allocations must be made available for transfers authorized
by the commissioner from the personal care program of individuals having a home
care rating of "CS," "MT," or "HL."
Adjustment to Lead Agency Waiver Allocations.
Prior to the availability of the alternative license defined in Minnesota
Statutes, section 245A.11, subdivision 8, the commissioner shall reduce lead
agency waiver allocations for the purposes of implementing a moratorium on
corporate foster care.
Alternatives to Personal Care Assistance Services.
Base level funding of $3,237,000 in fiscal year 2012 and $4,856,000
in fiscal year 2013 is to implement alternative services to personal care
assistance services for persons with mental health and other behavioral
challenges who can benefit from other services that more appropriately meet
their needs and assist them in living independently in the community. These services may include, but not be
limited to, a 1915(i) state plan option.
(e) Mental Health Grants
Appropriations
by Fund
General 77,739,000 77,739,000
Health Care Access 750,000 750,000
Lottery Prize 1,508,000 1,508,000
Funding Usage. Up to 75 percent of
a fiscal year's appropriation for adult mental health grants may be used to
fund allocations in that portion of the fiscal year ending December 31.
(f) Deaf and Hard-of-Hearing Grants 1,930,000 1,917,000
(g) Chemical Dependency Entitlement Grants 111,303,000 122,822,000
Payments for Substance Abuse Treatment.
For services provided during fiscal years 2010 and 2011,
county-negotiated rates and provider claims to the consolidated chemical
dependency fund must not exceed rates charged for these services on January 1,
2009. For services provided in fiscal
years 2012 and 2013, statewide average rates under the new rate methodology to be
developed under Minnesota Statutes, section 254B.12, must not exceed the
average rates charged for these services on January 1, 2009, plus $3,787,000
for fiscal year 2012 and $5,023,000 for fiscal year 2013. Notwithstanding any provision to the contrary
in this article, this provision expires on June 30, 2013.
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Chemical Dependency Special Revenue Account.
For fiscal year 2010, $750,000 must be transferred from the
consolidated chemical dependency treatment fund administrative account and
deposited into the general fund.
County CD Share of MA Costs for ARRA Compliance. Notwithstanding the provisions of
Minnesota Statutes, chapter 254B, for chemical dependency services provided
during the period July 1, 2009, to December 31, 2010, and reimbursed by medical
assistance at the enhanced federal matching rate provided under the American
Recovery and Reinvestment Act of 2009, the county share is 30 percent of the
nonfederal share.
(h) Chemical Dependency Nonentitlement Grants 1,729,000 1,729,000
Base Adjustment. The general fund base
is decreased by $3,000 in each of fiscal years 2012 and 2013.
(i) Other Continuing Care Grants 18,272,000 13,139,000
Base Adjustment. The general fund
base is increased by $7,028,000 in fiscal year 2012 and increased by $8,243,000
in fiscal year 2013.
Technology Grants. $650,000 in fiscal
year 2010 and $1,000,000 in fiscal year 2011 are for technology grants, case
consultation, evaluation, and consumer information grants related to developing
and supporting alternatives to shift-staff foster care residential service
models.
Other Continuing Care Grants; HIV Grants.
Money appropriated for the HIV drug and insurance grant program in
fiscal year 2010 may be used in either year of the biennium.
Subd.
9. Continuing Care Management
Appropriations
by Fund
General 24,927,000 25,314,000
State Government
Special Revenue 875,000 125,000
Lottery Prize 157,000 157,000
Quality Assurance Commission.
Effective July 1, 2009, state funding for the quality assurance
commission under Minnesota Statutes, section 256B.0951, is canceled.
County Maintenance of Effort.
$350,000 in fiscal year 2010 is from the general fund for the
State-County Results Accountability and Service Delivery Reform under Minnesota
Statutes, chapter 402A.
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Base Adjustment. The general fund
base is decreased $2,697,000 in fiscal year 2012 and $2,791,000 in fiscal year
2013.
Subd.
10. State-Operated Services 258,794,000 266,191,000
The amounts that may be spent from the
appropriation for each purpose are as follows:
Transfer Authority Related to State-Operated Services.
Money appropriated to finance state-operated services may be
transferred between the fiscal years of the biennium with the approval of the
commissioner of finance.
County Past Due Receivables. The commissioner is authorized to withhold county federal
administrative reimbursement when the county of financial responsibility for
cost-of-care payments due the state under Minnesota Statutes, section 246.54 or
253B.045, is 90 days past due. The
commissioner shall deposit the withheld federal administrative earnings for the
county into the general fund to settle the claims with the county of financial
responsibility. The process for
withholding funds is governed by Minnesota Statutes, section 256.017.
Forecast and Census Data.
The commissioner shall include census data and fiscal projections for
state-operated services and Minnesota sex offender services with the November
and February budget forecasts.
Notwithstanding any contrary provision in this article, this paragraph
shall not expire.
(a) Adult Mental Health Services 107,702,000 107,201,000
Appropriation Limitation.
No part of the appropriation in this article to the commissioner for
mental health treatment services provided by state-operated services shall be
used for the Minnesota sex offender program.
Community Behavioral Health Hospitals.
Under Minnesota Statutes, section 246.51, subdivision 1, a
determination order for the clients served in a community behavioral health
hospital operated by the commissioner of human services is only required when a
client's third-party coverage has been exhausted.
Base Adjustment. The general fund
base is decreased by $500,000 for fiscal year 2012 and by $500,000 for fiscal
year 2013.
(b) Minnesota Sex Offender Services
Appropriations
by Fund
General 38,348,000 67,503,000
Federal Fund 26,495,000 0
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Use of Federal Stabilization Funds.
Of this appropriation, $26,495,000 in fiscal year 2010 is from the
fiscal stabilization account in the federal fund to the commissioner. This appropriation must not be used for any
activity or service for which federal reimbursement is claimed. This is a onetime appropriation.
(c) Minnesota Security Hospital and METO Services
Appropriations
by Fund
General 230,000,000 83,735,000
Federal Fund 83,504,000 0
Minnesota Security Hospital.
For the purposes of enhancing the safety of the public, improving
supervision, and enhancing community-based mental health treatment, state-operated
services may establish additional community capacity for providing treatment
and supervision of clients who have been ordered into a less restrictive
alternative of care from the state-operated services transitional services
program consistent with Minnesota Statutes, section 246.014.
Use of Federal Stabilization Funds.
$83,505,000 in fiscal year 2010 is appropriated from the fiscal
stabilization account in the federal fund to the commissioner. This appropriation must not be used for any activity
or service for which federal reimbursement is claimed. This is a onetime appropriation.
Sec.
4. COMMISSIONER
OF HEALTH
Subdivision
1. Total Appropriation $165,717,000 $161,841,000
Appropriations
by Fund
2010 2011
General 69,366,000 63,884,000
State Government
Special Revenue 45,415,000 45,415,000
Health Care Access 39,203,000 40,809,000
Federal TANF 11,733,000 11,733,000
Subd.
2. Community and Family Health Promotion
Appropriations
by Fund
General 44,814,000 39,671,000
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State
Government
Special Revenue 1,033,000 1,304,000
Federal
TANF 11,733,000 11,733,000
Health
Care Access 21,642,000 28,719,000
Newborn Screening Fee. Of the
general fund appropriation, $300,000 in fiscal year 2011 is to the commissioner
for the purpose of providing support services to families as required under
Minnesota Statutes, section 144.966, subdivision 3a. $74,000 of this
appropriation in fiscal year 2011 and $51,000 of this appropriation in
subsequent fiscal years may be used by the commissioner for administrative
costs associated with increasing the fee, contract administration, program
oversight, and provide follow-up to families who need assistance beyond those
available through the contractor.
Support Services for Families With
Children Who are Deaf or Have Hearing Loss. Of the
general fund amount, $16,000 in fiscal year 2010 and $284,000 in fiscal year
2011 is for support services to families with children who are deaf or have
hearing loss. Of this amount, in fiscal
year 2011, $223,000 is for grants and the balance is for administrative
costs. Base funding in fiscal years 2012
and 2013 is $300,000 each year. Of this
amount, $241,000 each year is for grants and the balance is for administrative
costs.
Funding Usage. Up to 75
percent of the fiscal year 2012 appropriation for local public health grants
may be used to fund calendar year 2011 allocations for this program. The general fund reduction of $5,193,000 in
fiscal year 2011 for local public health grants is onetime and the base funding
for local public health grants for fiscal year 2012 is increased by $5,193,000.
Colorectal Screening. $88,000 in
fiscal year 2010 and $62,000 in fiscal year 2011 are for grants to the Hennepin
County Medical Center and MeritCare Bemidji for colorectal screening
demonstration projects.
Feasibility Pilot Project for Cancer
Surveillance. Of the general fund appropriation for
fiscal year 2010, $100,000 is to the commissioner to provide grant funding to
cover the cost of one full-time equivalent position at the Hennepin County
Medical Center to carry out the feasibility pilot project.
American Recovery and Reinvestment
Act Funds. Federal funds received by the commissioner
for WIC program management information systems from the American Recovery and
Reinvestment Act of 2009, Public Law 111-5, are appropriated to the
commissioner for the purpose of the grant.
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TANF Appropriations. (1)
$1,156,000 of the TANF funds are appropriated each year to the commissioner for
family planning grants under Minnesota Statutes, section 145.925.
(2) $3,579,000 of the TANF funds are
appropriated each year to the commissioner for home visiting and nutritional
services listed under Minnesota Statutes, section 145.882, subdivision 7,
clauses (6) and (7). Funds must be
distributed to community health boards according to Minnesota Statutes, section
145A.131, subdivision 1.
(3) $2,000,000 of the TANF funds are
appropriated each year to the commissioner for decreasing racial and ethnic
disparities in infant mortality rates under Minnesota Statutes, section
145.928, subdivision 7.
(4) $4,998,000 of the TANF funds are
appropriated each year to the commissioner for the family home visiting grant
program according to Minnesota Statutes, section 145A.17. $4,000,000 of the
funding must be distributed to community health boards according to Minnesota
Statutes, section 145A.131, subdivision 1. $998,000 of the funding must be
distributed to tribal governments based on Minnesota Statutes, section 145A.14,
subdivision 2a. The commissioner may use
five percent of the funds appropriated each fiscal year to conduct the ongoing
evaluations required under Minnesota Statutes, section 145A.17, subdivision 7,
and may use ten percent of the funds appropriated each fiscal year to provide
training and technical assistance as required under Minnesota Statutes, section
145A.17, subdivisions 4 and 5.
Base Adjustment. The general fund
base is increased by $10,302,000 for fiscal year 2012 and increased by
$5,109,000 for fiscal year 2013. The
health care access fund base is reduced to $1,719,000 for both fiscal years
2012 and 2013.
TANF Carryforward. Any unexpended
balance of the TANF appropriation in the first year of the biennium does not
cancel but is available for the second year.
Subd.
3. Policy Quality and Compliance
Appropriations
by Fund
General 7,491,000 7,242,000
State Government
Special Revenue 14,173,000 14,173,000
Health Care Access 17,561,000 12,090,000
Community-Based Health Care Demonstration Project. Notwithstanding the provisions of
Laws 2007, chapter 147, article 19, section 3, subdivision 6, paragraph
(e), base level
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funding to the commissioner for the
demonstration project grant described in Minnesota Statutes, section 62Q.80,
subdivision 1a, shall be zero for fiscal years 2011 and 2012.
Medical Education and Research Cost Federal Compliance. Notwithstanding Laws 2008, chapter
363, article 18, section 4, subdivision 3, the base level funding for the
commissioner to distribute to the Mayo Clinic for transitional funding while
federal compliance changes are made to the medical education and research cost
funding distribution formula shall be $0 for fiscal years 2010 and 2011.
Autism Clinical Research. The commissioner, in partnership with a Minnesota research institution,
shall apply for funds available for research grants under the American Recovery
and Reinvestment Act (ARRA) of 2009 in order to expand research and treatment
of autism spectrum disorders.
Health Information Technology.
(a) Of the health care access fund appropriation, $4,000,000 is to
fund the revolving loan account under Minnesota Statutes, section 62J.496. This appropriation must not be expended
unless it is matched with federal funding under the federal Health Information
Technology for Economic and Clinical Health (HITECH) Act. This appropriation must not be included in
the agency's base budget for the fiscal year beginning July 1, 2012.
(b) On or before June 30, 2013,
$1,200,000 shall be transferred from the revolving loan account under Minnesota
Statutes, section 62J.496, to the health care access fund. This is a onetime transfer and must not be
included in the agency's base budget for the fiscal year beginning July 1, 2014.
Base Adjustment. The general fund base
is $8,243,000 in fiscal year 2012 and $8,243,000 in fiscal year 2013. The health care access fund base is
$10,950,000 in fiscal year 2012 and $6,816,000 in fiscal year 2013.
Subd.
4. Health Protection
Appropriations
by Fund
General 9,871,000 9,780,000
State Government
Special Revenue 30,209,000 30,209,000
Base Adjustment. The general fund base is reduced by
$50,000 in each of
fiscal years 2012 and 2013.
Health Protection Appropriations.
(a) $163,000 each year is for the lead abatement grant program.
Journal of
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(b) $100,000 each year is for
emergency preparedness and response activities.
(c) $50,000 each year is for
tuberculosis prevention and control.
This is a onetime appropriation.
American Recovery and Reinvestment Act Funds.
Federal funds received by the commissioner for immunization
operations from the American Recovery and Reinvestment Act of 2009, Public Law
111-5, are appropriated to the commissioner for the purposes of the grant.
Subd.
5. Administrative Support Services 7,190,000 7,190,000
Sec.
5. HEALTH-RELATED
BOARDS
Subdivision
1. Total Appropriation $15,017,000 $14,831,000
This appropriation is from the state
government special revenue fund.
Transfer. In fiscal year 2010,
$6,000,000 shall be transferred from the state government special revenue fund
to the general fund.
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd.
2. Board of Chiropractic Examiners 447,000 447,000
Subd.
3. Board of Dentistry 1,009,000 1,009,000
Subd.
4. Board of Dietetic and Nutrition Practice 105,000 105,000
Subd.
5. Board of Marriage and Family Therapy 137,000 137,000
Subd.
6. Board of Medical Practice 3,674,000 3,674,000
Subd.
7. Board of Nursing 4,217,000 4,219,000
Subd.
8. Board of Nursing Home Administrators 1,146,000 958,000
Administrative Services Unit - Operating Costs.
Of this appropriation, $524,000 in fiscal year 2010 and $526,000 in
fiscal year 2011 are for operating costs of the administrative services
unit. The administrative services unit
may receive and expend reimbursements for services performed by other agencies.
Administrative Services Unit - Retirement Costs.
Of this appropriation in fiscal year 2010, $201,000 is for onetime
retirement costs in the health-related boards.
This funding may be transferred to the health boards incurring those
costs for their payment. These funds are
available either year of the biennium.
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Administrative Services Unit - Volunteer Health Care Provider
Program. Of this appropriation, $79,000 in fiscal year
2010 and $89,000 in fiscal year 2011 are to pay for medical professional
liability coverage required under Minnesota Statutes, section 214.40.
Administrative Services Unit - Contested Cases and Other Legal
Proceedings. Of this appropriation, $200,000 in fiscal
year 2010 and $200,000 in fiscal year 2011 are for costs of contested case
hearings and other unanticipated costs of legal proceedings involving
health-related boards funded under this section. Upon certification of a health-related board
to the administrative services unit that the costs will be incurred and that
there is insufficient money available to pay for the costs out of money
currently available to that board, the administrative services unit is authorized
to transfer money from this appropriation to the board for payment of those
costs with the approval of the commissioner of finance. This appropriation does not cancel. Any unencumbered and unspent balances remain
available for these expenditures in subsequent fiscal years.
Subd.
9. Board of Optometry 101,000 101,000
Subd.
10. Board of Pharmacy 1,413,000 1,413,000
Subd.
11. Board of Physical Therapy 295,000 295,000
Subd.
12. Board of Podiatry 56,000 56,000
Subd.
13. Board of Psychology 806,000 806,000
Subd.
14. Board of Social Work 1,022,000 1,022,000
Subd.
15. Board of Veterinary Medicine 195,000 195,000
Subd.
16. Board of Behavioral Health and Therapy 394,000 394,000
Sec.
6. EMERGENCY
MEDICAL SERVICES BOARD $4,378,000 $3,828,000
Appropriations
by Fund
2010 2011
General
3,674,000 3,124,000
State Government
Special Revenue 704,000 704,000
Longevity Award and Incentive Program.
Of the general fund appropriation, $700,000 in fiscal year 2010 and
$700,000 in fiscal year 2011 are to the board for the Cooper/Sams volunteer
ambulance program, under Minnesota Statutes, section 144E.40.
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Transfer. In fiscal year
2010, $6,182,000 is transferred from the Cooper/Sams volunteer ambulance trust,
established under Minnesota Statutes, section 144E.42, to the general fund.
Health Professional Services Program.
$704,000 in fiscal year 2010 and $704,000 in fiscal year 2011 from
the state government special revenue fund are for the health professional
services program.
Comprehensive Advanced Life-Support Educational (CALS)
Program. $100,000 in the first year from the
Cooper/Sams volunteer ambulance trust is for the comprehensive advanced
life-support educational (CALS) program established under Minnesota Statutes,
section 144E.37. This appropriation is
to extend availability and affordability of the CALS program for rural
emergency medical personnel and to assist hospital staff in attaining the
credentialing levels necessary for implementation of the statewide trauma
system.
Sec.
7. DEPARTMENT
OF VETERANS AFFAIRS $200,000 $0
Veterans Paramedic Apprenticeship Program.
Of this appropriation, $200,000 in the first year is from the
Cooper/Sams volunteer ambulance trust for transfer to the commissioner of
veterans affairs for a grant to the Minnesota Ambulance Association to implement
a veterans paramedic apprenticeship program to reintegrate returning military
medics into Minnesota's workforce in the field of paramedic and emergency
services, thereby guaranteeing returning military medics gainful employment
with livable wages and benefits. This
appropriation is available until expended.
Sec.
8. DEPARTMENT
OF PUBLIC SAFETY $250,000 $0
Medical Response Unit Reimbursement Pilot Program.
(a) $250,000 in the first year is from the Cooper/Sams volunteer
ambulance trust for a transfer to the Department of Public Safety for a medical
response unit reimbursement pilot program.
Of this appropriation, $75,000 is for administrative costs to the
Department of Public Safety, including providing contract staff support and
technical assistance to the pilot program partners if necessary.
(b) Of the amount in paragraph (a),
$175,000 is to be used to provide a predetermined reimbursement amount to the
participating medical response units.
The Department of Public Safety or its contract designee will develop an
agreement with the medical response units outlining reimbursement and program
requirements to include HIPAA compliance while participating in the pilot
program.
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Sec. 9.
COUNCIL ON DISABILITY $524,000 $524,000
Sec.
10. OMBUDSMAN
FOR MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES $1,655,000 $1,655,000
Sec. 11.
OMBUDSPERSON FOR FAMILIES
$265,000 $265,000
Sec. 12.
Laws 2007, chapter 147, article 19, section 3, subdivision 4, as amended
by Laws 2008, chapter 277, article 5, section 1; and Laws 2008, chapter 363,
article 18, section 7, is amended to read:
Subd. 4.
Children and Economic Assistance
Grants
The amounts that may be spent from this appropriation
for each purpose are as follows:
(a) MFIP/DWP Grants
Appropriations
by Fund
General 62,069,000 62,405,000
Federal
TANF 75,904,000 80,841,000
(b) Support Services Grants
Appropriations
by Fund
General 8,715,000 8,715,000
Federal
TANF 113,429,000 115,902,000
TANF Prior Appropriation
Cancellation. Notwithstanding Laws 2001, First Special Session
chapter 9, article 17, section 2, subdivision 11, paragraph (b), any unexpended
TANF funds appropriated to the commissioner to contract with the Board of
Trustees of Minnesota State Colleges and Universities, to provide tuition
waivers to employees of health care and human service providers that are members
of qualifying consortia operating under Minnesota Statutes, sections 116L.10 to
116L.15, must cancel at the end of fiscal year 2007.
MFIP Pilot Program. Of
the TANF appropriation, $100,000 in fiscal year 2008 and $750,000 in fiscal
year 2009 are for a grant to the Stearns-Benton Employment and Training Council
for the Workforce U pilot program. Base
level funding for this program shall be $750,000 in 2010 and $0 in 2011.
Supported Work. (1) Of the TANF appropriation, $5,468,000 in fiscal
year 2008 is for supported work for MFIP participants, to be allocated to
counties and tribes based on the criteria under clauses (2) and (3), and is
available until expended. Paid
transitional work
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experience and other supported employment under this
rider provides a continuum of employment assistance, including outreach and
recruitment, program orientation and intake, testing and assessment, job
development and marketing, preworksite training, supported worksite experience,
job coaching, and postplacement follow-up, in addition to extensive case
management and referral services. * (The
preceding text "and $7,291,000 in fiscal year 2009" was indicated as
vetoed by the governor.)
(2) A county or tribe is eligible to
receive an allocation under this rider if:
(i) the county or tribe is not
meeting the federal work participation rate;
(ii) the county or tribe has
participants who are required to perform work activities under Minnesota
Statutes, chapter 256J, but are not meeting hourly work requirements; and
(iii) the county or tribe has
assessed participants who have completed six weeks of job search or are required
to perform work activities and are not meeting the hourly requirements, and the
county or tribe has determined that the participant would benefit from working
in a supported work environment.
(3) A county or tribe may also be eligible
for funds in order to contract for supplemental hours of paid work at the
participant's child's place of education, child care location, or the child's
physical or mental health treatment facility or office. This grant to counties and tribes is specifically
for MFIP participants who need to work up to five hours more per week in order
to meet the hourly work requirement, and the participant's employer cannot or
will not offer more hours to the participant.
Work Study. Of the TANF appropriation, $750,000
each year are to the commissioner to contract with the Minnesota Office of
Higher Education for the biennium beginning July 1, 2007, for work study grants
under Minnesota Statutes, section 136A.233, specifically for low-income
individuals who receive assistance under Minnesota Statutes, chapter 256J, and
for grants to opportunities industrialization centers. * (The preceding text beginning "Work
Study. Of the TANF appropriation,"
was indicated as vetoed by the governor.)
Integrated Service Projects. $2,500,000 in fiscal year 2008 and $2,500,000 in fiscal year
2009 are appropriated from the TANF fund to the commissioner to continue to
fund the existing integrated services projects for MFIP families, and if
funding allows, additional similar projects.
Journal of the
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Base Adjustment. The TANF base for fiscal year 2010 is
$115,902,000 and for fiscal year 2011 is $115,152,000.
(c) MFIP Child Care Assistance Grants
General 74,654,000 71,951,000
(d) Basic Sliding Fee Child Care Assistance Grants
General 42,995,000 45,008,000
Base Adjustment. The general fund base is $44,881,000 for
fiscal year 2010 and $44,852,000 for fiscal year 2011.
At-Home Infant Care Program. No funding shall be allocated to or
spent on the at-home infant care program under Minnesota Statutes, section
119B.035.
(e) Child Care Development Grants
General 4,390,000 6,390,000
Prekindergarten Exploratory Projects.
Of the
general fund appropriation, $2,000,000 the first year and $4,000,000 the second
year are for grants to the city of St. Paul, Hennepin County, and Blue Earth
County to establish scholarship demonstration projects to be conducted in
partnership with the Minnesota Early Learning Foundation to promote children's
school readiness. This appropriation is
available until June 30, 2009.
Child Care Services Grants. Of this appropriation, $250,000 each
year are for the purpose of providing child care services grants under
Minnesota Statutes, section 119B.21, subdivision 5. This appropriation is for the 2008-2009
biennium only, and does not increase the base funding.
Early Childhood Professional Development System. Of this appropriation, $250,000 each year are for purposes of
the early childhood professional development system, which increases the
quality and continuum of professional development opportunities for child care
practitioners. This appropriation is for
the 2008‑2009 biennium only, and does not increase the base funding.
Base Adjustment. The general fund base is $1,515,000
for each of fiscal years 2010 and 2011.
(f) Child Support Enforcement Grants
General 11,038,000 3,705,000
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Child Support Enforcement. $7,333,000 for fiscal year 2008 is to make grants to counties
for child support enforcement programs to make up for the loss under the 2005
federal Deficit Reduction Act of federal matching funds for federal incentive
funds passed on to the counties by the state.
This appropriation is available until
June 30, 2009.
(g) Children's Services Grants
Appropriations
by Fund
General 63,647,000 71,147,000
Health Care Access 250,000 -0-
TANF 240,000 340,000
Grants for Programs Serving Young Parents.
Of the TANF
fund appropriation, $140,000 each year is for a grant to a program or programs
that provide comprehensive services through a private, nonprofit agency to
young parents in Hennepin County who have dropped out of school and are
receiving public assistance. The program
administrator shall report annually to the commissioner on skills development,
education, job training, and job placement outcomes for program participants.
County Allocations for Rate Increases.
County
Children and Community Services Act allocations shall be increased by $197,000
effective October 1, 2007, and $696,000 effective October 1, 2008, to help
counties pay for the rate adjustments to day training and habilitation
providers for participants paid by county social service funds. Notwithstanding the provisions of Minnesota
Statutes, section 256M.40, the allocation to a county shall be based on the
county's proportion of social services spending for day training and
habilitation services as determined in the most recent social services
expenditure and grant reconciliation report.
Privatized Adoption Grants. Federal reimbursement for privatized
adoption grant and foster care recruitment grant expenditures is appropriated
to the commissioner for adoption grants and foster care and adoption
administrative purposes.
Adoption Assistance Incentive Grants.
Federal funds
available during fiscal year 2008 and fiscal year 2009 for the adoption
incentive grants are appropriated to the commissioner for these purposes.
Adoption Assistance and Relative Custody Assistance. The commissioner may transfer unencumbered appropriation
balances for adoption assistance and relative custody assistance between fiscal
years and between programs.
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Children's Mental Health Grants. Of the general fund appropriation,
$5,913,000 in fiscal year 2008 and $6,825,000 in fiscal year 2009 are for
children's mental health grants. The
purpose of these grants is to increase and maintain the state's children's
mental health service capacity, especially for school-based mental health
services. The commissioner shall require
grantees to utilize all available third party reimbursement sources as a
condition of using state grant funds. At
least 15 percent of these funds shall be used to encourage efficiencies through
early intervention services. At least
another 15 percent shall be used to provide respite care services for children
with severe emotional disturbance at risk of out-of-home placement.
Mental Health Crisis Services. Of the general fund appropriation,
$2,528,000 in fiscal year 2008 and $2,850,000 in fiscal year 2009 are for
statewide funding of children's mental health crisis services. Providers must utilize all available
funding streams.
Children's Mental Health Evidence-Based and Best Practices. Of the general fund appropriation, $375,000 in fiscal year
2008 and $750,000 in fiscal year 2009 are for children's mental health
evidence-based and best practices including, but not limited to: Adolescent Integrated Dual Diagnosis
Treatment services; school-based mental health services; co-location of mental
health and physical health care, and; the use of technological resources to
better inform diagnosis and development of treatment plan development by mental
health professionals. The commissioner
shall require grantees to utilize all available third-party reimbursement
sources as a condition of using state grant funds.
Culturally Specific Mental Health Treatment Grants. Of the general fund appropriation, $75,000 in fiscal year 2008
and $300,000 in fiscal year 2009 are for children's mental health grants to
support increased availability of mental health services for persons from
cultural and ethnic minorities within the state. The commissioner shall use at least 20
percent of these funds to help members of cultural and ethnic minority
communities to become qualified mental health professionals and practitioners. The commissioner shall assist grantees to
meet third-party credentialing requirements and require them to utilize all
available third-party reimbursement sources as a condition of using state grant
funds.
Mental Health Services for Children with Special Treatment Needs. Of the general fund appropriation, $50,000 in fiscal year 2008
and $200,000 in fiscal year 2009 are for children's mental health grants to
support increased availability of mental health services for children with
special treatment needs. These shall
include, but not be limited to: victims
of trauma, including children subjected to abuse or neglect, veterans and their
families, and refugee populations; persons with complex treatment needs, such
as eating disorders; and those with low incidence disorders.
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MFIP and Children's Mental Health Pilot Project. Of the TANF appropriation, $100,000 in fiscal year 2008 and $200,000
in fiscal year 2009 are to fund the MFIP and children's mental health pilot
project. Of these amounts, up to
$100,000 may be expended on evaluation of this pilot.
Prenatal Alcohol or Drug Use. Of the general fund appropriation,
$75,000 each year is to award grants beginning July 1, 2007, to
programs that provide services under Minnesota Statutes, section 254A.171, in
Pine, Kanabec, and Carlton Counties. the second year is for a grant to A
Circle of Women for program services. This
appropriation shall become part of the base appropriation.
Base Adjustment. The general fund base is $62,572,000
in fiscal year 2010 and $62,575,000 in fiscal year 2011.
(h) Children and Community Services Grants
General 101,369,000 69,208,000
Base Adjustment. The general fund base is $69,274,000
in each of fiscal years 2010 and 2011.
Targeted Case Management Temporary Funding. (a) Of the general fund
appropriation, $32,667,000 in fiscal year 2008 is transferred to the targeted
case management contingency reserve account in the general fund to be allocated
to counties and tribes affected by reductions in targeted case management
federal Medicaid revenue as a result of the provisions in the federal Deficit
Reduction Act of 2005, Public Law 109-171.
(b) Contingent upon (1) publication
by the federal Centers for Medicare and Medicaid Services of final regulations
implementing the targeted case management provisions of the federal Deficit
Reduction Act of 2005, Public Law 109-171, or (2) the issuance of a finding by
the Centers for Medicare and Medicaid Services of federal Medicaid overpayments
for targeted case management expenditures, up to $32,667,000 is appropriated to
the commissioner of human services.
Prior to distribution of funds, the commissioner shall estimate and
certify the amount by which the federal regulations or federal disallowance
will reduce targeted case management Medicaid revenue over the 2008-2009
biennium.
(c) Within 60 days of a contingency
described in paragraph (b), the commissioner shall distribute the grants
proportionate to each affected county or tribe's targeted case management
federal earnings for calendar year 2005, not to exceed the lower of (1) the
amount of the estimated reduction in federal revenue or (2) $32,667,000.
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(d) These funds are available in
either year of the biennium. Counties and
tribes shall use these funds to pay for social service-related costs, but the
funds are not subject to provisions of the Children and Community Services Act
grant under Minnesota Statutes, chapter 256M.
(e) This appropriation shall be available
to pay counties and tribes for expenses incurred on or after July 1, 2007. The appropriation shall be available until
expended.
(i) General Assistance Grants
General 37,876,000 38,253,000
General Assistance 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 parents or a
legal guardian at $203. The commissioner
may reduce this amount according to Laws 1997, chapter 85, article 3, section
54.
Emergency General Assistance. The amount appropriated for emergency
general assistance funds is limited to no more than $7,889,812 in fiscal year
2008 and $7,889,812 in fiscal year 2009.
Funds to counties must be allocated by the commissioner using the
allocation method specified in Minnesota Statutes, section 256D.06.
(j) Minnesota Supplemental Aid Grants
General 30,505,000 30,812,000
Emergency Minnesota Supplemental Aid Funds. The amount appropriated for emergency Minnesota supplemental
aid funds is limited to no more than $1,100,000 in fiscal year 2008 and
$1,100,000 in fiscal year 2009. Funds to
counties must be allocated by the commissioner using the allocation method
specified in Minnesota Statutes, section 256D.46.
(k) Group Residential Housing Grants
General 91,069,000 98,671,000
People Incorporated. Of the general fund appropriation,
$460,000 each year is to augment community support and mental health services
provided to individuals residing in facilities under Minnesota Statutes,
section 256I.05, subdivision 1m.
(l) Other Children and Economic Assistance Grants
General 20,183,000 16,333,000
Federal TANF 1,500,000 1,500,000
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Base Adjustment. The
general fund base shall be $16,033,000 in fiscal year 2010 and $15,533,000 in
fiscal year 2011. The TANF base shall be
$1,500,000 in fiscal year 2010 and $1,181,000 in fiscal year 2011.
Homeless and Runaway Youth. Of
the general fund appropriation, $500,000 each year are for the Runaway and
Homeless Youth Act under Minnesota Statutes, section 256K.45. Funds shall be spent in each area of the
continuum of care to ensure that programs are meeting the greatest need. This is a onetime appropriation.
Long-Term Homelessness. Of
the general fund appropriation, $2,000,000 in fiscal year 2008 is for
implementation of programs to address long-term homelessness and is available
in either year of the biennium. This is
a onetime appropriation.
Minnesota Community Action Grants. (a) Of the general fund appropriation, $250,000 each
year is for the purposes of Minnesota community action grants under Minnesota
Statutes, sections 256E.30 to 256E.32.
This is a onetime appropriation.
(b) Of the TANF appropriation, $1,500,000 each year is
for community action agencies for auto repairs, auto loans, and auto purchase
grants to individuals who are eligible to receive benefits under Minnesota
Statutes, chapter 256J, or who have lost eligibility for benefits under
Minnesota Statutes, chapter 256J, due to earnings in the prior 12 months. Base level funding for this activity shall be
$1,500,000 in fiscal year 2010 and $1,181,000 in fiscal year 2011. * (The preceding text beginning "(b) Of
the TANF appropriation," was indicated as vetoed by the governor.)
(c) Money appropriated under paragraphs (a) and (b)
that is not spent in the first year does not cancel but is available for the
second year.
EFFECTIVE DATE. This section is effective
the day following final enactment.
Sec.
13. EMERGENCY
SERVICES SHELTER GRANTS FROM AMERICAN RECOVERY AND REINVESTMENT ACT.
(a)
To the extent permitted under federal law, the commissioner of human services,
when determining the uses of the emergency services shelter grants provided
under the American Recovery and Reinvestment Act, shall give priority to
programs that serve the following:
(1)
homeless youth;
(2)
American Indian women who are victims of trafficking;
(3)
high-risk adult males considered to be very likely to enter or reenter state or
county correctional programs, or chemical and mental health programs;
Journal of the House - 51st Day - Monday, May 11, 2009
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(4)
battered women; and
(5)
families affected by foreclosure.
(b)
Paragraph (a) does not supersede use of ARRA funds as otherwise provided in
this act.
Sec.
14. TRANSFERS.
Subdivision
1.
Grants. The commissioner of human services, with
the approval of the commissioner of finance, and after notification of the chairs
of the relevant senate budget division and house of representatives finance
division committee, may transfer unencumbered appropriation balances for the
biennium ending June 30, 2011, within fiscal years among the MFIP,
general assistance, general assistance medical care, medical assistance,
MinnesotaCare, MFIP child care assistance under Minnesota Statutes, section
119B.05, Minnesota supplemental aid, and group residential housing programs,
and the entitlement portion of the chemical dependency consolidated treatment
fund, and between fiscal years of the biennium.
Subd.
2.
Administration. Positions, salary money, and nonsalary
administrative money may be transferred within the Departments of Human
Services and Health as the commissioners consider necessary, with the advance
approval of the commissioner of finance.
The commissioner shall inform the chairs of the relevant house and
senate health committees quarterly about transfers made under this provision.
Sec.
15. 2007
AND 2008 APPROPRIATION AMENDMENTS.
(a)
Notwithstanding Laws 2007, chapter 147, article 19, section 3, subdivision 4,
paragraph (g), as amended by Laws 2008, chapter 363, article 18, section 7, the
TANF fund base for the Children's Mental Health Pilots is $0 in fiscal year
2011. This paragraph is effective
retroactively from July 1, 2008.
(b)
The appropriation for patient incentive programs under Laws 2007, chapter 147,
article 19, section 3, subdivision 6, paragraph (e), is canceled. This paragraph is effective retroactively
from July 1, 2007.
(c)
The onetime general fund base reduction for Child Care Development Grants under
Laws 2008, chapter 363, article 18, section 3, subdivision 4, paragraph (d), is
increased by $4,000. This paragraph is
effective retroactively from July 1, 2008.
(d)
The base for Children Services Grants under Laws 2008, chapter 363, article 18,
section 3, subdivision 4, paragraph (e), is decreased $1,000 in each year of
the fiscal year 2010 and 2011 biennium.
This paragraph is effective retroactively from July 1, 2008.
(e)
Notwithstanding Laws 2008, chapter 363, article 18, section 3, subdivision 4,
the general fund base adjustment for Children and Community Services Grants
under Laws 2008, chapter 363, article 18, section 3, subdivision 4, paragraph
(f), is increased by $98,000 each year of fiscal years 2010 and 2011. This paragraph is effective retroactively
from July 1, 2008.
(f)
The base for Other Continuing Care Grants under Laws 2008, chapter 363, article
18, section 3, subdivision 6, paragraph (h), is decreased by $10,000 in fiscal
year 2010. This paragraph is effective
retroactively from July 1, 2008.
Sec.
16. INDIRECT
COSTS NOT TO FUND PROGRAMS.
The
commissioners of health and human services shall not use indirect cost
allocations to pay for the operational costs of any program for which they are
responsible.
Journal of the House - 51st Day - Monday, May 11, 2009
- Top of Page 5425
Sec.
17. EXPIRATION
OF UNCODIFIED LANGUAGE.
All
uncodified language contained in this article expires on June 30, 2011, unless
a different expiration date is explicit.
Sec.
18. EFFECTIVE
DATE.
The
provisions in this article are effective July 1, 2009, unless a different
effective date is specified."
Delete
the title and insert:
"A
bill for an act relating to state government; making changes to health and
human services; amending provisions related to licensing, the Minnesota family
investment program, child care, adult supports; fraud prevention,
state-operated services, the Minnesota sex offender program, the Department of
Health, health care programs, chemical and mental health; continuing care
programs, and public health; establishing the State-County Results,
Accountability, and Service Delivery Redesign; making technical changes; making
forecast adjustments; requiring reports; establishing and increasing fees;
appropriating money; amending Minnesota Statutes 2008, sections 60A.092,
subdivision 2; 62D.03, subdivision 4; 62D.05, subdivision 3; 62J.495; 62J.496;
62J.497, subdivisions 1, 2, by adding subdivisions; 62J.692, subdivision 7;
103I.208, subdivision 2; 119B.09, subdivision 7; 119B.13, subdivision 6;
119B.21, subdivisions 5, 10; 119B.231, subdivisions 2, 3, 4; 144.0724,
subdivisions 2, 4, 8, by adding subdivisions; 144.121, subdivisions 1a, 1b;
144.122; 144.1222, subdivision 1a; 144.125, subdivision 1; 144.226, subdivision
4; 144.72, subdivisions 1, 3; 144.9501, subdivisions 22b, 26a, by adding
subdivisions; 144.9505, subdivisions 1g, 4; 144.9508, subdivisions 2, 3, 4;
144.9512, subdivision 2; 144.966, by adding a subdivision; 144.97, subdivisions
2, 4, 6, by adding subdivisions; 144.98, subdivisions 1, 2, 3, by adding subdivisions;
144.99, subdivision 1; 144A.073, by adding a subdivision; 144A.44, subdivision
2; 144A.46, subdivision 1; 145A.17, by adding a subdivision; 148.6445, by
adding a subdivision; 148D.180, subdivisions 1, 2, 3, 5; 148E.180, subdivisions
1, 2, 3, 5; 152.126, subdivisions 1, 2, 6; 153A.17; 157.15, by adding a
subdivision; 157.16; 157.22; 176.011, subdivision 9; 245.462, subdivision 18;
245.470, subdivision 1; 245.4871, subdivision 27; 245.488, subdivision 1;
245A.03, by adding a subdivision; 245A.10, subdivisions 2, 3; 245A.11,
subdivision 2a, by adding subdivisions; 245A.16, subdivisions 1, 3; 245C.03,
subdivision 2; 245C.04, subdivisions 1, 3; 245C.05, subdivision 4, by adding a
subdivision; 245C.08, subdivision 2; 245C.10, subdivision 3, by adding subdivisions;
245C.17, by adding a subdivision; 245C.20; 245C.21, subdivision 1a; 245C.23,
subdivision 2; 246.50, subdivision 5, by adding subdivisions; 246.51, by adding
subdivisions; 246.511; 246.52; 246.54, subdivision 2; 246B.01, by adding
subdivisions; 252.025, subdivision 7; 252.46, by adding a subdivision; 252.50,
subdivision 1; 254A.02, by adding a subdivision; 254A.16, by adding a
subdivision; 254B.03, subdivisions 1, 3, by adding a subdivision; 254B.05,
subdivision 1; 254B.09, subdivision 2; 256.01, subdivision 2b, by adding
subdivisions; 256.045, subdivision 3; 256.476, subdivisions 5, 11; 256.962,
subdivisions 2, 6; 256.969, subdivisions 2b, 3a, by adding subdivisions;
256.975, subdivision 7; 256.983, subdivision 1; 256B.04, subdivision 16; 256B.055,
subdivisions 7, 12; 256B.056, subdivisions 3c, 3d; 256B.057, by adding a
subdivision; 256B.0575; 256B.0595, subdivisions 1, 2; 256B.06, subdivisions 4,
5; 256B.0621, subdivision 2; 256B.0622, subdivision 2; 256B.0623, subdivision
5; 256B.0624, subdivisions 5, 8; 256B.0625, subdivisions 3, 3c, 6a, 7, 9, 11,
13, 13e, 13h, 17, 17a, 19a, 19c, 26, 42, 47, by adding subdivisions; 256B.0641,
subdivision 3; 256B.0651; 256B.0652; 256B.0653; 256B.0654; 256B.0655,
subdivisions 1b, 4; 256B.0657, subdivisions 2, 6, 8, by adding a subdivision;
256B.08, by adding a subdivision; 256B.0911, subdivisions 1, 1a, 3, 3a, 3b, 3c,
4a, 5, 6, 7, by adding subdivisions; 256B.0913, subdivision 4; 256B.0915,
subdivisions 3a, 3e, 3h, 5, by adding a subdivision; 256B.0916, subdivision 2;
256B.0917, by adding a subdivision; 256B.092, subdivision 8a, by adding
subdivisions; 256B.0943, subdivisions 1, 12; 256B.0944, by adding a
subdivision; 256B.0947, subdivision 1; 256B.15, subdivisions 1, 1a, 1h, 2, by
adding subdivisions; 256B.199; 256B.37, subdivisions 1, 5; 256B.434,
subdivision 4, by adding a subdivision; 256B.437, subdivision 6; 256B.441,
subdivisions 55, 58, by adding a subdivision; 256B.49, subdivisions 12, 13, 14,
17, by adding subdivisions; 256B.501, subdivision 4a; 256B.5011, subdivision 2;
256B.5012, by adding a subdivision; 256B.69, subdivisions 5a, 5c, 5f, 23;
256B.76, subdivision 1; 256D.03, subdivision 4; 256D.44, subdivision 5;
256G.02,
Journal of the House - 51st Day - Monday, May 11, 2009
- Top of Page 5426
subdivision
6; 256I.03, subdivision 7; 256I.05, subdivisions 1a, 7c; 256J.08, subdivision
73a; 256J.24, subdivision 5; 256J.425, subdivisions 2, 3; 256J.45, subdivision
3; 256J.49, subdivisions 1, 4; 256J.521, subdivision 2; 256J.545; 256J.561,
subdivisions 2, 3; 256J.57, subdivision 1; 256J.575, subdivisions 3, 4, 6, 7;
256J.621; 256J.626, subdivision 7; 256J.95, subdivisions 3, 11, 12, 13;
256L.03, by adding a subdivision; 256L.04, subdivisions 1, 7a, 10a, by adding a
subdivision; 256L.05, subdivisions 1, 3, 3a, by adding a subdivision; 256L.07,
subdivisions 1, 2, 3, by adding a subdivision; 256L.11, subdivision 1; 256L.15,
subdivisions 2, 3; 256L.17, subdivisions 3, 5; 259.67, by adding a subdivision;
270A.09, by adding a subdivision; 327.14, by adding a subdivision; 327.15;
327.16; 327.20, subdivision 1, by adding a subdivision; 501B.89, by adding a
subdivision; 519.05; 604A.33, subdivision 1; 609.232, subdivision 11; 626.556,
subdivision 3c; 626.5572, subdivisions 6, 13, 21; Laws 2003, First Special
Session chapter 14, article 13C, section 2, subdivision 1, as amended; Laws
2007, chapter 147, article 19, section 3, subdivision 4, as amended; proposing
coding for new law in Minnesota Statutes, chapters 62Q; 246B; 254B; 256; 256B;
proposing coding for new law as Minnesota Statutes, chapter 402A; repealing
Minnesota Statutes 2008, sections 103I.112; 144.9501, subdivision 17b;
148D.180, subdivision 8; 245C.11, subdivisions 1, 2; 246.51, subdivision 1;
246.53, subdivision 3; 256.962, subdivision 7; 256B.0655, subdivisions 1, 1a,
1c, 1d, 1e, 1f, 1g, 1h, 1i, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13; 256B.071,
subdivisions 1, 2, 3, 4; 256B.092, subdivision 5a; 256B.19, subdivision 1d;
256B.431, subdivision 23; 256I.06, subdivision 9; 256L.17, subdivision 6;
327.14, subdivisions 5, 6; Minnesota Rules, parts 4626.2015, subpart 9;
9555.6125, subpart 4, item B."
We request the adoption of
this report and repassage of the bill.
House
Conferees: Thomas Huntley, Paul Thissen, Larry Hosch, Karen Clark and Jim Abeler.
Senate
Conferees: Linda Berglin, Tony Lourey, Kathy Sheran and Yvonne Prettner Solon.
Huntley moved that the report of the
Conference Committee on H. F. No. 1362 be adopted and that the
bill be repassed as amended by the Conference Committee.
A roll call
was requested and properly seconded.
The Speaker
resumed the chair.
The
question was taken on the Huntley motion and the roll was called. There were 80 yeas and 51 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Obermueller
Olin
Otremba
Paymar
Persell
Peterson
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Sterner
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5427
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Brown
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Liebling
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Norton
Pelowski
Peppin
Poppe
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Welti
Westrom
Zellers
The
motion prevailed.
H.
F. No. 1362, A bill for an act relating to state government; establishing the health
and human services budget; making changes to licensing; Minnesota family
investment program, children, and adult supports; child support; the Department
of Health; health care programs; making technical changes; chemical and mental
health; continuing care programs; establishing the State-County Results,
Accountability, and Service Delivery Redesign; public health; health-related
fees; making forecast adjustments; creating work groups and pilot projects;
requiring reports; decreasing provider reimbursements; increasing fees;
appropriating money to various state agencies for health and human services
provisions; amending Minnesota Statutes 2008, sections 62J.495; 62J.496;
62J.497, subdivisions 1, 2, by adding subdivisions; 62J.692, subdivision 7;
103I.208, subdivision 2; 125A.744, subdivision 3; 144.0724, subdivisions 2, 4,
8, by adding subdivisions; 144.121, subdivisions 1a, 1b; 144.122; 144.1222,
subdivision 1a; 144.125, subdivision 1; 144.226, subdivision 4; 144.72,
subdivisions 1, 3; 144.9501, subdivisions 22b, 26a, by adding subdivisions;
144.9505, subdivisions 1g, 4; 144.9508, subdivisions 2, 3, 4; 144.9512,
subdivision 2; 144.966, by adding a subdivision; 144.97, subdivisions 2, 4, 6,
by adding subdivisions; 144.98, subdivisions 1, 2, 3, by adding subdivisions;
144.99, subdivision 1; 144A.073, by adding a subdivision; 144A.44, subdivision
2; 144A.46, subdivision 1; 148.108; 148.6445, by adding a subdivision;
148D.180, subdivisions 1, 2, 3, 5; 148E.180, subdivisions 1, 2, 3, 5; 153A.17;
156.015; 157.15, by adding a subdivision; 157.16; 157.22; 176.011, subdivision
9; 245.462, subdivision 18; 245.470, subdivision 1; 245.4871, subdivision 27;
245.488, subdivision 1; 245.4885, subdivision 1; 245A.03, by adding a
subdivision; 245A.10, subdivisions 2, 3, 4, 5, by adding subdivisions; 245A.11,
subdivision 2a, by adding a subdivision; 245A.16, subdivisions 1, 3; 245C.03,
subdivision 2; 245C.04, subdivisions 1, 3; 245C.05, subdivision 4; 245C.08,
subdivision 2; 245C.10, subdivision 3, by adding subdivisions; 245C.17, by
adding a subdivision; 245C.20; 245C.21, subdivision 1a; 245C.23, subdivision 2;
246.50, subdivision 5, by adding subdivisions; 246.51, by adding subdivisions;
246.511; 246.52; 246B.01, by adding subdivisions; 252.46, by adding a
subdivision; 252.50, subdivision 1; 254A.02, by adding a subdivision; 254A.16,
by adding a subdivision; 254B.03, subdivisions 1, 3, by adding a subdivision;
254B.05, subdivision 1; 254B.09, subdivision 2; 256.01, subdivision 2b, by
adding subdivisions; 256.045, subdivision 3; 256.476, subdivisions 5, 11;
256.962, subdivisions 2, 6; 256.963, by adding a subdivision; 256.969,
subdivision 3a; 256.975, subdivision 7; 256.983, subdivision 1; 256B.04,
subdivision 16; 256B.055, subdivisions 7, 12; 256B.056, subdivisions 3, 3b, 3c,
by adding a subdivision; 256B.057, subdivisions 3, 9, by adding a subdivision;
256B.0575; 256B.0595, subdivisions 1, 2; 256B.06, subdivisions 4, 5; 256B.0621,
subdivision 2; 256B.0622, subdivision 2; 256B.0623, subdivision 5; 256B.0624,
subdivisions 5, 8; 256B.0625, subdivisions 3c, 7, 8, 8a, 9, 13e, 17, 19a, 19c,
26, 41, 42, 47; 256B.0631, subdivision 1; 256B.0641, subdivision 3; 256B.0651;
256B.0652; 256B.0653; 256B.0654; 256B.0655, subdivisions 1b, 4; 256B.0657,
subdivisions 2, 6, 8, by adding a subdivision; 256B.08, by adding a
subdivision; 256B.0911, subdivisions 1, 1a, 3, 3a, 4a, 5, 6, 7, by adding
subdivisions; 256B.0913, subdivision 4; 256B.0915, subdivisions 3e, 3h, 5, by
adding a subdivision; 256B.0916, subdivision 2; 256B.0917, by adding a subdivision;
256B.092, subdivision 8a, by adding subdivisions; 256B.0943, subdivision 1;
256B.0944, by adding a subdivision; 256B.0945, subdivision 4; 256B.0947,
Journal of the House - 51st Day - Monday, May 11, 2009
- Top of Page 5428
subdivision 1; 256B.15, subdivisions 1,
1a, 1h, 2, by adding subdivisions; 256B.37, subdivisions 1, 5; 256B.434, by
adding a subdivision; 256B.437, subdivision 6; 256B.441, subdivisions 48, 55,
by adding subdivisions; 256B.49, subdivisions 12, 13, 14, 17, by adding
subdivisions; 256B.501, subdivision 4a; 256B.5011, subdivision 2; 256B.5012, by
adding a subdivision; 256B.5013, subdivision 1; 256B.69, subdivisions 5a, 5c,
5f; 256B.76, subdivisions 1, 4, by adding a subdivision; 256B.761; 256D.024, by
adding a subdivision; 256D.03, subdivision 4; 256D.051, subdivision 2a;
256D.0515; 256D.06, subdivision 2; 256D.09, subdivision 6; 256D.44, subdivision
5; 256D.49, subdivision 3; 256G.02, subdivision 6; 256I.03, subdivision 7;
256I.05, subdivisions 1a, 7c; 256J.08, subdivision 73a; 256J.20, subdivision 3;
256J.24, subdivisions 5a, 10; 256J.26, by adding a subdivision; 256J.37,
subdivision 3a, by adding a subdivision; 256J.38, subdivision 1; 256J.45,
subdivision 3; 256J.49, subdivision 13; 256J.575, subdivisions 3, 6, 7;
256J.621; 256J.626, subdivision 6; 256J.751, by adding a subdivision; 256J.95,
subdivision 12; 256L.04, subdivision 10a, by adding a subdivision; 256L.05,
subdivision 1, by adding subdivisions; 256L.11, subdivisions 1, 7; 256L.12,
subdivision 9; 256L.17, subdivision 3; 259.67, by adding a subdivision;
270A.09, by adding a subdivision; 295.52, by adding a subdivision; 327.14, by
adding a subdivision; 327.15; 327.16; 327.20, subdivision 1, by adding a subdivision;
393.07, subdivision 10; 501B.89, by adding a subdivision; 518A.53, subdivisions
1, 4, 10; 519.05; 604A.33, subdivision 1; 609.232, subdivision 11; 626.556,
subdivision 3c; 626.5572, subdivisions 6, 13, 21; Laws 2003, First Special
Session chapter 14, article 13C, section 2, subdivision 1, as amended; Laws
2007, chapter 147, article 19, section 3, subdivision 4, as amended; proposing
coding for new law in Minnesota Statutes, chapters 62A; 62Q; 156; 246B; 254B;
256; 256B; proposing coding for new law as Minnesota Statutes, chapter 402A;
repealing Minnesota Statutes 2008, sections 62U.08; 103I.112; 144.9501,
subdivision 17b; 148D.180, subdivision 8; 246.51, subdivision 1; 246.53,
subdivision 3; 256.962, subdivision 7; 256B.0655, subdivisions 1, 1a, 1c, 1d,
1e, 1f, 1g, 1h, 1i, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13; 256B.071, subdivisions
1, 2, 3, 4; 256B.092, subdivision 5a; 256B.19, subdivision 1d; 256B.431,
subdivision 23; 256D.46; 256I.06, subdivision 9; 256J.626, subdivision 7;
327.14, subdivisions 5, 6; Laws 1988, chapter 689, section 251; Minnesota
Rules, parts 4626.2015, subpart 9; 9100.0400, subparts 1, 3; 9100.0500;
9100.0600; 9500.1243, subpart 3; 9500.1261, subparts 3, 4, 5, 6; 9555.6125,
subpart 4, item B.
The
bill was read for the third time, as amended by Conference, and placed upon its
repassage.
The
question was taken on the repassage of the bill and the roll was called. There were 80 yeas and 51 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Obermueller
Olin
Otremba
Paymar
Persell
Peterson
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Brown
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Emmer
Garofalo
Gottwalt
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5429
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Liebling
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Norton
Pelowski
Peppin
Poppe
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Welti
Westrom
Zellers
The bill was repassed, as amended by Conference,
and its title agreed to.
CALENDAR FOR
THE DAY, Continued
H. F. No. 1988, A bill for an act relating
to human services; requiring managed care plans and county-based purchasing
plans to report provider payment rate data; requiring the commissioner to
analyze the plans' data; requiring a report; amending Minnesota Statutes 2008,
section 256B.69, subdivision 9b.
The
bill was read for the third time and placed upon its final passage.
The
question was taken on the passage of the bill and the roll was called. There were 127 yeas and 4 nays as follows:
Those
who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those
who voted in the negative were:
Buesgens
Dean
Holberg
Peppin
The
bill was passed and its title agreed to.
Journal of the
House - 51st Day - Monday, May 11, 2009 - Top of Page 5430
H. F. No. 1298
was reported to the House.
Zellers
moved to amend H. F. No. 1298, the second engrossment, as follows:
Page 11,
delete section 15
Page 22,
delete section 30
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Zellers
amendment and the roll was called. There
were 38 yeas and 93 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anderson, P.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mariani
Marquart
Masin
McFarlane
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the amendment
was not adopted.
The Speaker called Juhnke to the Chair.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5431
Zellers
moved to amend H. F. No. 1298, the second engrossment, as follows:
Page 12,
line 3, after "(c)" insert "An election is required
for" and delete everything after "section" and insert
a period
Page 12,
delete line 4
A
roll call was requested and properly seconded.
The
question was taken on the Zellers amendment and the roll was called. There were 47 yeas and 83 nays as follows:
Those
who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Brod
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Norton
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
Those
who voted in the negative were:
Abeler
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The
motion did not prevail and the amendment was not adopted.
Buesgens
and Zellers moved to amend H. F. No. 1298, the second engrossment, as follows:
Page 2,
line 35, after the period, insert "The society may not issue negotiable
bonds for the purpose of construction or preparation for construction of a new
National Football League stadium for the Minnesota Vikings."
A
roll call was requested and properly seconded.
Journal of the
House - 51st Day - Monday, May 11, 2009 - Top of Page 5432
The
question was taken on the Buesgens and Zellers amendment and the roll was
called. There were 114 yeas and 13 nays
as follows:
Those
who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dittrich
Doepke
Doty
Downey
Drazkowski
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Kohls
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mariani
Masin
McFarlane
McNamara
Morgan
Murphy, E.
Murphy, M.
Newton
Nornes
Norton
Obermueller
Paymar
Pelowski
Peppin
Persell
Peterson
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Simon
Slocum
Smith
Sterner
Swails
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those
who voted in the negative were:
Anzelc
Dill
Hamilton
Koenen
Lanning
Marquart
Murdock
Nelson
Olin
Otremba
Poppe
Rukavina
Thao
The
motion prevailed and the amendment was adopted.
H.
F. No. 1298, A bill for an act relating to public finance; providing terms and conditions
relating to issuance of obligations and financing of public improvements;
modifying restrictions on mail elections; providing tax credit and interest
subsidy bonds; providing emergency debt certificates; authorizing the issuance
of local bonds; authorizing the cities of Chisago City and Lindstrom to
establish a joint venture, issue debt for use outside of the jurisdiction, and
share revenues; providing for the additional financing of metropolitan area
transit and paratransit capital expenditures; authorizing the issuance of
certain obligations; authorizing counties to make joint purchases of energy and
energy generation projects; authorizing Mountain Iron economic development and
Winona County economic authorities to form limited liability companies;
eliminating the maximum limit on state agricultural society's bonded debt and
the sunset on the authority to issue bonds and modifying its authorized
investments of debt service funds; extending sunset for special service and
housing improvement districts; modifying authority of municipalities to issue
bonds for certain postemployment benefits; appropriating money; amending
Minnesota Statutes 2008, sections 37.31, subdivisions 1, 7; 37.33, subdivision
3; 37.34; 126C.55, subdivision 4; 204B.46; 275.065, subdivision 6; 360.036,
subdivision 2; 366.095, subdivision 1; 373.01, subdivision 3; 373.40,
subdivision 1; 373.47, subdivision 1; 373.48, subdivision 1, by adding a
subdivision; 383B.117, subdivision 2; 410.32; 412.301; 428A.03, subdivision 1;
428A.08; 428A.09; 428A.10; 428A.101; 428A.21; 446A.086, by adding a
subdivision; 469.005, subdivision 1; 469.034, subdivision 2; 469.153,
subdivision 2; 471.191, subdivision 1; 473.1293, by adding a subdivision;
473.39, by adding a subdivision; 474A.02, subdivisions 2, 14; 475.51,
subdivision 4; 475.52, subdivision 6; 475.58, subdivision 1; 475.67,
subdivision 8; Laws 1971, chapter 773, sections 1, subdivision 2, as amended;
4, as amended;
Journal of the
House - 51st Day - Monday, May 11, 2009 - Top of Page 5433
Laws 2008, chapter 366, article 6,
section 46, subdivisions 1, 2; proposing coding for new law in Minnesota
Statutes, chapters 16A; 475; repealing Minnesota Statutes 2008, section 37.31,
subdivision 8; Laws 1998, chapter 407, article 8, section 12, subdivision 4.
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 89 yeas and 42 nays as follows:
Those
who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those
who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Emmer
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Westrom
Zellers
The
bill was passed, as amended, and its title agreed to.
S. F. No. 99
was reported to the House.
Kiffmeyer
moved to amend S. F. No. 99, the unofficial engrossment, as follows:
Page 1,
after line 23, insert:
"(c)
At the time of issuance of a citation under this subdivision, a peace officer
must provide to the violator information on obtaining a free or low-cost child
passenger restraint system."
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5434
Page 2, line
1, delete "(c)" and insert "(d)"
Page 2, line
4, delete "(d)" and insert "(e)"
The
motion prevailed and the amendment was adopted.
Brod
was excused between the hours of 6:40 p.m. and 7:35 p.m.
Champion
was excused for the remainder of today's session.
Seifert
moved to amend S. F. No. 99, the unofficial engrossment, as amended, as
follows:
Page
1, line 9, delete "eight" and insert "five"
Page
1, line 15, delete "eight" and insert "five"
A
roll call was requested and properly seconded.
The
question was taken on the Seifert amendment and the roll was called. There were 52 yeas and 75 nays as follows:
Those
who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Buesgens
Davids
Dean
Demmer
Dettmer
Dill
Downey
Drazkowski
Eken
Emmer
Falk
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Hilstrom
Hilty
Holberg
Hoppe
Juhnke
Koenen
Kohls
Mack
Magnus
Masin
McFarlane
McNamara
Mullery
Nornes
Otremba
Pelowski
Peppin
Poppe
Rukavina
Scott
Seifert
Sertich
Severson
Shimanski
Smith
Thao
Torkelson
Urdahl
Westrom
Zellers
Those
who voted in the negative were:
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dittrich
Doepke
Doty
Faust
Fritz
Gardner
Garofalo
Hausman
Haws
Hayden
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mariani
Marquart
Morgan
Morrow
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Paymar
Persell
Peterson
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Simon
Slawik
Slocum
Sterner
Swails
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The
motion did not prevail and the amendment was not adopted.
Journal of the
House - 51st Day - Monday, May 11, 2009 - Top of Page 5435
Cornish
moved to amend S. F. No. 99, the unofficial engrossment, as amended, as
follows:
Page
1, line 5 of the Kiffmeyer amendment, delete "must" and insert
"may"
The
motion prevailed and the amendment was adopted.
Hoppe
was excused for the remainder of today's session.
S.
F. No. 99, A bill for an act relating to traffic regulations; requiring
restraint of child under age eight and shorter than four feet nine inches while
passenger in motor vehicle and modifying seat belt requirements accordingly;
amending Minnesota Statutes 2008, sections 169.685, subdivision 5; 169.686,
subdivision 1.
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 85 yeas and 42 nays as follows:
Those
who voted in the affirmative were:
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dettmer
Dittrich
Doepke
Doty
Downey
Eken
Faust
Fritz
Gardner
Garofalo
Hausman
Haws
Hayden
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mariani
Marquart
Masin
McFarlane
Morgan
Morrow
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Simon
Slawik
Slocum
Sterner
Swails
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Buesgens
Davids
Dean
Demmer
Dill
Drazkowski
Emmer
Falk
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Hilstrom
Holberg
Juhnke
Koenen
Kohls
Lesch
Magnus
McNamara
Mullery
Nornes
Peppin
Rukavina
Scott
Seifert
Sertich
Severson
Shimanski
Smith
Thao
Torkelson
Urdahl
Westrom
Zellers
The
bill was passed, as amended, and its title agreed to.
H. F. No. 1849 was reported
to the House.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5436
Nelson moved
to amend H. F. No. 1849, the second engrossment, as follows:
Page 1,
delete section 1
Page 3, delete
section 4
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
H. F. No. 1849, A bill for an act relating
to local government; removing, extending, or modifying certain mandates upon
local governmental units; changing appropriations for certain costs of Office
of Administrative Hearings; amending Minnesota Statutes 2008, sections 16C.28,
subdivision 1a; 306.243, by adding a subdivision; 326B.145; 344.18; 365.28;
375.055, subdivision 1; 375.12, subdivision 2; 382.265; 383B.021; 384.151,
subdivision 1a; 385.373, subdivision 1a; 386.015, subdivision 2; 387.20,
subdivisions 1, 2; 415.11, by adding a subdivision; 429.041, subdivisions 1, 2;
469.015; 473.862; 641.12, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2008, sections
373.42; 384.151, subdivisions 1, 3; 385.373, subdivisions 1, 3; 386.015,
subdivisions 1, 4; 387.20, subdivision 4.
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 108 yeas and 21 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Doepke
Doty
Downey
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kiffmeyer
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Scott
Sertich
Shimanski
Simon
Slawik
Slocum
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Atkins
Buesgens
Davids
Dean
Dettmer
Drazkowski
Emmer
Garofalo
Gottwalt
Hackbarth
Holberg
Kelly
Kohls
Peppin
Sanders
Seifert
Severson
Smith
Westrom
Zellers
The bill was passed, as amended, and its
title agreed to.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5437
H. F. No. 925, A bill for an act relating
to employment; expanding the official measure of unemployment; requiring a
report; directing use of certain appropriations; amending Minnesota Statutes
2008, section 116J.401, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 116J.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 117 yeas and 12 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anzelc
Atkins
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dill
Dittrich
Doepke
Doty
Downey
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Simon
Slawik
Slocum
Smith
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Buesgens
Dettmer
Drazkowski
Emmer
Hackbarth
Holberg
Peppin
Shimanski
Zellers
The bill was passed and its title agreed
to.
S. F. No. 1477, A bill for an act relating
to construction codes; providing a limited exemption.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 128 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davids
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5438
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
The bill was passed and its title agreed
to.
Sertich moved that the remaining bills on
the Calendar for the Day be continued.
The motion prevailed.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Madam
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 928, A bill for an act relating
to transportation; modifying various provisions related to transportation or
public safety; prohibiting certain acts; amending Minnesota Statutes 2008,
sections 161.14, subdivision 62, as added, by adding subdivisions; 168.33,
subdivision 2; 169.011, by adding a subdivision; 169.045; 169.15; 169.306;
169.71, subdivision 1; 171.12, subdivision 6; 174.86, subdivision 5; 221.012,
subdivision 38, by adding a subdivision; 221.0252, by adding a subdivision;
473.167, subdivision 2a; Laws 2008, chapter 287, article 1, section 122;
proposing coding for new law in Minnesota Statutes, chapters 160; 171; 174;
299C.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5439
Hornstein moved that the House refuse to
concur in the Senate amendments to H. F. No. 928, 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.
Madam
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 1231, A bill for an act relating to state government; appropriating
money from constitutionally dedicated funds and providing for policy and
governance of outdoor heritage, clean water, parks and trails, and arts and cultural
heritage purposes; establishing and modifying grants and funding programs;
providing for advisory groups; providing appointments; requiring reports;
requiring rulemaking; amending Minnesota Statutes 2008, sections 3.303, by
adding a subdivision; 3.971, by adding a subdivision; 17.117, subdivision 11a;
18G.11, by adding a subdivision; 84.02, by adding subdivisions; 85.53; 97A.056,
subdivisions 2, 3, 6, 7, by adding subdivisions; 103F.515, subdivisions 2, 4;
114D.50; 116G.15; 116P.05, subdivision 2; 129D.17; 477A.12, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapters 3; 84; 84C; 85;
116; 129D; 138; 477A.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Murphy, M., moved that the House refuse to
concur in the Senate amendments to H. F. No. 1231, 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.
Madam
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 1988, A bill for an act relating
to human services; requiring managed care plans and county-based purchasing
plans to report provider payment rate data; requiring the commissioner to
analyze the plans' data; requiring a report; amending Minnesota Statutes 2008,
section 256B.69, subdivision 9b.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Murphy, E., moved that the House refuse to
concur in the Senate amendments to H. F. No. 1988, 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.
Madam
Speaker:
I hereby announce the passage by the Senate
of the following Senate Files, herewith transmitted:
S. F. Nos. 80, 185, 1927, 2043, 203, 548,
1155, 1436, 1705, 722, 848, 2060, 2078, 727, 915, 1890, 1331 and 2141.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5440
FIRST READING OF SENATE BILLS
S. F. No. 80, A bill for an act relating to elections;
campaign finance; removing certain unconstitutional provisions governing
independent expenditures in political campaigns; changing certain campaign
expenditure and contribution limits and certain reporting requirements;
authorizing electronic filing of certain items with the Campaign Finance and Public
Disclosure Board; providing contribution limits for judicial candidates;
increasing contribution limits for candidates for secretary of state, state
auditor and the legislature; making certain reports filed with the Campaign
Finance and Public Disclosure Board nonpublic data until certain conditions
have been met; requiring the public
subsidy for an eligible candidate be withheld until a required report has been
filed; amending Minnesota Statutes 2008, sections 10A.01, subdivisions 9, 11,
18, 26; 10A.04, subdivision 5; 10A.071, subdivision 3; 10A.08; 10A.09,
subdivision 7; 10A.14, subdivisions 2, 4, by adding a subdivision; 10A.20,
subdivisions 1, 12, 13, by adding subdivisions; 10A.27, subdivision 1; 10A.31,
subdivision 6, by adding a subdivision; 10A.322, subdivision 1; 10A.323;
10A.35; 13.607, by adding a subdivision; 211A.02, subdivision 2; 211A.05,
subdivision 2; 211B.12; repealing Minnesota Statutes 2008, section 10A.20,
subdivision 6b.
The bill was read for the first time.
Simon moved that S. F. No. 80 and H. F. No. 1206, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 185, A bill for an act relating to state government;
extending authority for activities relating to understanding and appreciating
ethnic and cultural diversity in Minnesota; extending life of steering task
force for restoring Victory Memorial Drive Historic District; amending
Minnesota Statutes 2008, section 3.303, subdivision 8; Laws 2006, chapter
218, section 6.
The bill was read for the first time and referred to the
Committee on State and Local Government Operations Reform, Technology and
Elections.
S. F. No. 1927, A bill for an act relating to state government;
appropriating money for environment and natural resources; modifying
administration of the Lessard Outdoor Heritage Council; amending Minnesota
Statutes 2008, section 97A.056, subdivisions 2, 7.
The bill was read for the first time and referred to the
Committee on Finance.
S. F. No. 2043, A bill for an act relating to natural
resources; appropriating money from the parks and trails fund; providing for
the allocation of certain funding for metropolitan area parks and trails;
creating a regional park and trail grant program; providing funding for a
statewide 25-year park and trail framework; amending Minnesota Statutes 2008,
section 85.53; proposing coding for new law in Minnesota Statutes, chapter 85.
The bill was read for the first time and referred to the
Committee on Finance.
S. F. No. 203, A bill for an act relating to health;
establishing oversight for health cooperative arrangements; establishing an
application fee; appropriating money; amending Minnesota Statutes 2008, section
13.381, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 62R.
The bill was read for the first time.
Hosch moved that S. F. No. 203 and H. F. No. 120, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5441
S. F. No. 548, A bill for an act relating to marriage;
clarifying and modifying certain terms and procedures; specifying forms; amending Minnesota Statutes 2008, sections
517.02; 517.03, subdivision 2; 517.04; 517.05; 517.06; 517.07; 517.08,
subdivisions 1a, 1b; 517.10; 517.101; 517.13.
The bill was read for the first time.
Hilstrom moved that S. F. No. 548 and H. F. No. 695, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1155, A bill for an act relating to human services;
changing capacity requirements for certain residential programs; requiring the
commissioner to request federal waivers; amending Minnesota Statutes 2008,
sections 245A.11, subdivision 2a; 256B.092, by adding a subdivision; 256B.49,
subdivision 17; repealing Minnesota Statutes 2008, section 256B.092,
subdivision 5a.
The bill was read for the first time and referred to the
Committee on Finance.
S. F. No. 1436, A bill for an act relating to human services;
modifying provisions relating to the Minnesota sex offender program; creating
additional oversight to the Minnesota sex offender program; creating a client
grievance process; allowing access to the statewide supervision system; making
changes to the vocational work program; requiring a report; imposing criminal
penalties; amending Minnesota Statutes 2008, sections 13.04, by adding a
subdivision; 16C.10, subdivision 5; 168.012, subdivision 1; 241.065,
subdivision 2; 246B.01, by adding subdivisions; 246B.02; 246B.03; 246B.04, by
adding a subdivision; 246B.05; 246B.06; 609.485, subdivisions 2, 4; proposing
coding for new law in Minnesota Statutes, chapter 246B.
The bill was read for the first time.
Morrow moved that S. F. No. 1436 and H. F. No. 1639, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1705, A bill for an act relating to railroads;
modifying membership on Commuter Rail Corridor Coordinating Committee; amending Minnesota Statutes 2008, section
174.86, subdivision 5.
The bill was read for the first time and referred to the
Transportation and Transit Policy and Oversight Division.
S. F. No. 722, A bill for an act relating to public safety;
requiring that information on persons civilly committed, found not guilty by
reason of mental illness, or incompetent to stand trial be transmitted to the
federal National Instant Criminal Background Check System; authorizing certain
persons prohibited under state law from possessing a firearm to petition a
court for restoration of this right; amending Minnesota Statutes 2008, section
624.713, subdivision 1, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 253B.
The bill was read for the first time.
Lesch moved that S. F. No. 722 and H. F. No. 954, now on the Calendar
for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5442
S. F. No. 848, A bill for an act relating to elections;
changing certain requirements for elections; amending Minnesota Statutes 2008,
sections 204B.19, subdivision 2; 204B.21, subdivisions 1, 2; 204B.45,
subdivision 1; 204B.46; 205.075, subdivision 1, by adding a subdivision;
367.03, subdivision 4, by adding a subdivision.
The bill was read for the first time.
Poppe moved that S. F. No. 848 and H. F. No. 729, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2060, A bill for an act relating to arts and
culture; appropriating money from the arts and cultural heritage fund;
establishing a Dakota and Ojibwe language revitalization and preservation
volunteer working group; proposing coding for new law in Minnesota Statutes,
chapter 129D; proposing coding for new law as Minnesota Statutes, chapter 129E;
repealing Minnesota Statutes 2008, section 129D.17.
The bill was read for the first time and referred to the
Committee on Finance.
S. F. No. 2078, A bill for an act relating to economic
development; providing for stimulation of the construction industry;
streamlining certain construction projects; creating a construction loan
guarantee program; authorizing green energy revenue bonds; permitting local
assessments for energy improvements; providing for home purchase loans;
providing tax abatement for newly constructed residential structures in
flood-damaged areas; providing a low-income housing tax credit; appropriating
money; amending Minnesota Statutes 2008, sections 16C.16, by adding a
subdivision; 429.011, by adding subdivisions; 429.021, subdivision 1; 429.031,
subdivision 3; 462A.21, by adding a subdivision; 469.153, subdivision 2;
469.176, subdivision 2, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapters 116J; 290; 462A; 469.
The bill was read for the first time and referred to the
Committee on Finance.
S. F. No. 727, A bill for an act relating to human services;
establishing a self-advocacy program for persons with developmental
disabilities; transferring money appropriated to the commissioner of
administration; amending Minnesota Statutes 2008, section 256B.092, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Finance.
S. F. No. 915, A bill for an act relating to insurance;
requiring school districts to obtain employee health coverage through the
public employees insurance program; appropriating money; amending Minnesota
Statutes 2008, sections 43A.316, subdivisions 9, 10, by adding subdivisions;
62E.02, subdivision 23; 62E.10, subdivision 1; 62E.11, subdivision 5; 297I.05,
subdivision 5; 297I.15, subdivision 3.
The bill was read for the first time and referred to the
Committee on Finance.
S. F. No. 1890, A bill for an act relating to health; changing
provisions for health information technology and infrastructure; establishing
an e-health advisory committee; changing electronic health records provisions;
changing electronic health record system and revolving account and loan
program; modifying electronic prescribing provisions; amending Minnesota
Statutes 2008, sections 62J.495; 62J.496; 62J.497, subdivisions 1, 2.
The bill was read for the first time.
Thissen moved that S. F. No. 1890 and H. F. No. 1322, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5443
S. F. No. 1331, A bill for an act relating to elections;
moving the state primary from September to June and making conforming changes;
updating certain ballot and voting system requirements; changing certain
election administration provisions; authorizing early voting; expanding
requirements and authorizations for postsecondary institutions to report
resident student information to the secretary of state for voter registration
purposes; changing certain absentee ballot requirements and provisions; requiring
a special election for certain vacancies in nomination; changing the special
election requirements for vacancies in Congressional offices; requiring an
affidavit of candidacy to state the candidate's residence address and telephone
number; changing municipal precinct and ward boundary requirements for certain
cities; imposing additional requirements on polling place challengers; changing
certain caucus and campaign provisions; amending Minnesota Statutes 2008,
sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323;
103C.305, subdivisions 1, 3; 135A.17, subdivision 2; 201.016, subdivisions 1a,
2; 201.022, subdivision 1; 201.056; 201.061, subdivisions 1, 3; 201.071,
subdivision 1; 201.091, by adding a subdivision; 201.11; 201.12; 201.13; 202A.14,
subdivision 3; 203B.001; 203B.01, by adding a subdivision; 203B.02, subdivision
3; 203B.03, subdivision 1; 203B.04, subdivisions 1, 6; 203B.05; 203B.06,
subdivisions 3, 5; 203B.07, subdivisions 2, 3; 203B.08, subdivisions 2, 3, by
adding a subdivision; 203B.081; 203B.085; 203B.11, subdivision 1; 203B.12;
203B.125; 203B.16, subdivision 2; 203B.17, subdivision 1; 203B.19; 203B.21,
subdivision 2; 203B.22; 203B.225, subdivision 1; 203B.227; 203B.23, subdivision
2; 203B.24, subdivision 1; 203B.26; 204B.04, subdivisions 2, 3; 204B.06, by
adding a subdivision; 204B.07, subdivision 1; 204B.09, subdivisions 1, 3;
204B.11, subdivision 2; 204B.13, subdivisions 1, 2, by adding subdivisions;
204B.135, subdivisions 1, 3, 4; 204B.14, subdivisions 2, 3, 4, by adding a
subdivision; 204B.16, subdivision 1; 204B.18; 204B.21, subdivision 1; 204B.22,
subdivisions 1, 2; 204B.24; 204B.27, subdivisions 2, 3; 204B.28, subdivision 2;
204B.33; 204B.35, subdivision 4; 204B.44; 204B.45, subdivision 2; 204B.46;
204C.02; 204C.04, subdivision 1; 204C.06, subdivision 1; 204C.07, subdivisions
3a, 4; 204C.08; 204C.10; 204C.12, subdivision 2; 204C.13, subdivisions 2, 3, 5,
6; 204C.17; 204C.19, subdivision 2; 204C.20, subdivisions 1, 2; 204C.21;
204C.22, subdivisions 3, 4, 6, 7, 10, 13; 204C.24, subdivision 1; 204C.25;
204C.26; 204C.27; 204C.28, subdivision 3; 204C.30, by adding subdivisions;
204C.33, subdivisions 1, 3; 204C.35, subdivisions 1, 2, by adding a
subdivision; 204C.36, subdivisions 1, 3, 4; 204C.37; 204D.03, subdivisions 1,
3; 204D.04, subdivision 2; 204D.05, subdivision 3; 204D.07; 204D.08; 204D.09,
subdivision 2; 204D.10, subdivisions 1, 3; 204D.11, subdivision 1; 204D.12;
204D.13; 204D.16; 204D.165; 204D.17; 204D.19; 204D.20, subdivision 1; 204D.25,
subdivision 1; 205.065, subdivisions 1, 2; 205.07, by adding a subdivision;
205.075, subdivision 1; 205.13, subdivisions 1, 1a, 2; 205.16, subdivisions 2,
3, 4; 205.17, subdivisions 1, 3, 4, 5; 205.185, subdivision 3, by adding a
subdivision; 205.84, subdivisions 1, 2; 205A.03, subdivisions 1, 2; 205A.05,
subdivisions 1, 2; 205A.06, subdivision 1a; 205A.07, subdivisions 2, 3;
205A.08, subdivisions 1, 3, 4; 205A.10, subdivisions 2, 3, by adding a
subdivision; 205A.11, subdivision 3; 206.56, subdivision 3; 206.57, subdivision
6; 206.82, subdivision 2; 206.83; 206.84, subdivision 3; 206.86, subdivision 6;
206.89, subdivisions 2, 3; 206.90, subdivisions 9, 10; 208.03; 208.04;
211B.045; 211B.11, by adding a subdivision; 211B.20, subdivisions 1, 2; 412.02,
subdivision 2a; 414.02, subdivision 4; 414.031, subdivision 6; 414.0325,
subdivisions 1, 4; 414.033, subdivision 7; 447.32, subdivision 4; Laws 2005,
chapter 162, section 34, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 202A; 203B; 204B; 204C; 204D; 205; 205A; repealing
Minnesota Statutes 2008, sections 3.22; 201.096; 203B.04, subdivision 5;
203B.10; 203B.11, subdivision 2; 203B.13, subdivisions 1, 2, 3, 4; 203B.25;
204B.12, subdivision 2a; 204B.13, subdivisions 4, 5, 6; 204B.22, subdivision 3;
204B.36; 204B.37; 204B.38; 204B.39; 204B.41; 204B.42; 204C.07, subdivision 3;
204C.13, subdivision 4; 204C.20, subdivision 3; 204C.23; 204D.05, subdivisions
1, 2; 204D.10, subdivision 2; 204D.11, subdivisions 2, 3, 4, 5, 6; 204D.14,
subdivisions 1, 3; 204D.15, subdivisions 1, 3; 204D.169; 204D.28; 205.17,
subdivision 2; 206.56, subdivision 5; 206.57, subdivision 7; 206.61,
subdivisions 1, 3, 4, 5; 206.62; 206.805, subdivision 2; 206.84, subdivisions
1, 6, 7; 206.86, subdivisions 1, 2, 3, 4, 5; 206.90, subdivisions 3, 5, 6, 7,
8; 206.91; Minnesota Rules, part 8230.4365, subpart 5.
The bill was read for the first time and referred to the
Committee on Finance.
S. F. No. 2141, A bill for an act relating to finance;
appropriating money to continue operations of a state agency if the major
appropriation bill to fund that agency has not been enacted by July 1, 2009.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Journal of the House - 51st Day - Monday, May 11, 2009 - Top
of Page 5444
MOTIONS AND
RESOLUTIONS
Clark moved that
the name of Sterner be added as an author on H. F. No. 285. The motion prevailed.
Kahn moved that
the name of Scalze be added as an author on H. F. No. 817. The motion prevailed.
Simon moved that
the name of Scalze be added as an author on H. F. No. 1053. The motion prevailed.
Winkler moved that
the name of Scalze be added as an author on H. F. No. 1351. The motion prevailed.
Emmer moved that
the name of Dettmer be added as an author on
H. F. No. 2376. The
motion prevailed.
ANNOUNCEMENTS BY THE SPEAKER
The Speaker announced the appointment of the
following members of the House to a Conference Committee on
H. F. No. 928:
Hornstein, Swails, Morrow, Champion and
Urdahl.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 1231:
Murphy, M.; Wagenius; Morgan; Lillie and
Davids.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 1988:
Huntley, Thissen, Clark, Hosch and Abeler.
PROTEST AND
DISSENT
Pursuant to Article IV, Section 11, of the
Minnesota Constitution, we, the undersigned members of the House, register our
protest and dissent regarding the failure of the Speaker to rule on a point of
order challenging her announcement that a bill raising taxes by nearly $1
billion had passed the House.
The bill in question, House File No. 885,
was given third reading as amended by conference committee and voted upon on
Friday, May 8th, receiving 86 yeas and 45 nays.
Despite the bill containing a general banking provision requiring a
supermajority to pass under Article IV, Section 26, of the Minnesota
Constitution, the Speaker announced the bill had passed.
A signatory to this Protest and Dissent
raised a point of order related to the Speaker's announcement that the bill had
passed. He cited Article IV, Section 26,
that reads: "BANKING LAWS;
TWO-THIRDS VOTES. Passage of
a general banking law requires the vote of two-thirds of the members of
each house of the legislature." He
noted that the bill contained provisions that were general banking law and that
the bill had failed to get the constitutionally required 90 votes for passage.
Journal of the House - 51st
Day - Monday, May 11, 2009 - Top of Page 5445
After some delay, the Speaker announced she would not rule on
the point of order, and restated that the bill had passed. This despite a number of members who stood
ready to offer advice on exactly which language in the bill made it a general
banking law and thus why the bill required 90 votes to pass.
The point of order raised was not to ask the Speaker to rule on
the constitutionality of a particular piece of legislation before the House but
instead to let the body know the number of votes needed for legislative
passage.
The failure of the Speaker to rule on this point of order also
means that the public has no notice that a point of order was raised, since the
Journal of the House contains no entry noting that a point of order was
raised. This is troubling in the
extreme, as this point of order was based on the state constitution and its
resolution could have determined whether or not nearly $1 billion in taxes
would be raised.
To rule on this point of order is clearly within the
jurisdiction of the presiding officer of the body. A determination of whether or not a measure
passes must be made following a vote on passage before a bill may be delivered
to the other body or alternatively to the governor.
Since the Speaker failed to rule on this point of order, and
since the point of order that was raised related to a fundamental function of
her office, we dissent.
Signed:
Mark Buesgens
Paul Kohls
Tom Emmer
Greg Davids
ADJOURNMENT
Sertich moved that when the House adjourns today it adjourn
until 9:30 a.m., Tuesday, May 12, 2009.
The motion prevailed.
Sertich moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Juhnke declared the House stands adjourned until 9:30 a.m., Tuesday, May 12,
2009.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives
Journal of the House - 51st Day
- Monday, May 11, 2009 - Top of Page 5446